Release of Liability, waiver of Claims, Assumption of risk, Indemnity of Agreement, and jurisdiction Agreement
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
TO: Exquisite Lifestyle Pty Ltd, owners, volunteers, officers, employees, trainers, instructors, agents, officials, independent contractor, servants, representatives, successors and assigns (hereinafter referred to as Fibre Active)
DEFINITIONS:
In this agreement:
- The term "ATHLETIC ACTIVITY" OR "ATHLETIC ACTIVITIES" includes but is not limited to personal training, fitness classes, team or individual competitions, fitness assessments, use of facilities, observation of athletic activities, Olympic Lifting, Power Lifting, strongman training or competitions, gymnastics, strength conditioning, metabolic conditioning, Plyometrics, interval training, bodyweight conditioning, rope climbing, stretching, outdoor running on trails or sidewalks or running tracks, sports, and programs, clinics, seminars and services provided by Fibre Active.
- The term "INJURY" shall refer to all forms of physical, mental and emotional injury in anyway related to athletic activity and transportation activities including but not limited to: death, breaks, strains, lacerations, dislocations, exercise indused rhabdomyolisis, bruising, heart failure, concussion, frostbite, hypothermia, heat illness, dehydration, trauma, anxiety, and fears.
Disclaimer:
Fibre Active and their owners, volunteers, officers, employees, trainers, instructors, agents, officials, independent contractor, servants, representatives, successors and assigns (hereinafter referred to as Fibre Active) are not responsible for any death, injury, loss, or damage of any kind suffered by any personal while using Fibre Active facilities, participating or watching Fibre Active activities, caused in any manner whatsoever including but not limited to, the negligence of Fibre Active. I am aware that athletic activities have inherent dangers and risks including but not limited to the potential for serious personal injury or death caused by any Fibre Active activities or any condition of the facilities or equipment of Fibre Active, some of which may include:
- Transient light-headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain, discomfort, fatigue, nausea, heart failure, exercise induced rhabdomyolisis, and so forth:
- All manner of injury resulting from slipping or falling, either roped or unroped, while skipping, running, walking, lifting, climbing, and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment
- Abrasion, entanglement, lacerations, bruising, dislocations, and any other injuries resulting from activities near stands, racks, weight bars, pull up bars, walls, ropes, cargo nets, medicine balls and plyometric boxes;d) Injuries resulting from falling athletes or objects such as weights dumbbells, bars, medicine balls, ropes, kettlebells, and so forth or by any objects dropped by other persons conducting athletic activities or assisting others;
- Failure of equipment, racks, stands, bars, attachments, anchors, ropes, harnesses, And, I do hereby further acknowledge and agree:
- That the athletic activities I am participating in requires a high degree of effort, are designed to be high intensity, and are intended to challenge my cardiovascular endurance, stamina, strength, flexibility, power, speed, agility, accuracy, balance and coordination;
- That I will honestly represent my level of fitness, health, nutrition, use of medication, medical history, and current physical, mental, and medical condition to Fibre Active, Fibre Active staff are Fitness Professionals and not Medical Health Practitioners
- That although Fibre Active will take steps to reduce the risks and increase the safety of all athletic activities, it is not possible for Fibre Active to make these athletic activities completely safe
- That I am personally responsible for my preparation prior to athletic activities, my concentration and attention during these athletic activities, and for my post activity rest and recovery;
- That I will learn and obey the rules and regulations of Fibre Active, and that I will follow the instructions and directions of Fibre Active during athletic activities;
- That I will inform Fibre Active immediately should I feel pain, discomfort, fatigue, nausea or other symptoms that I may suffer during and immediately after athletic activities;
- That I may stop participating at any time and I may be directed to stop by Fibre Active should I display any noticeable signs of distress;
- That I consent to receive first aid and medical treatment by Fibre Active or sought by Platform CrossFit in the event of an accident, injury or illness during athletic activity;
- That Fibre Active may videotape or photograph you for instructional and promotional purposes without payment of any kind to you and without further notice to you or permission from you.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of Fibre Active, allowing me to participate in Fibre Active activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I or may have in the future against Fibre Active and their owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (all of whom are hereinafter referred to as the "RELEASEES") and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense, or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in climbing and transportation activity, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGAURD OR PROTECT ME FROM RISKS, DANGERS AN HAZARDS OF ATHLETIC ACTIVITIES ;
- TO HOLD HARMLESS AND INDEMNIFY RELEASEES from any and all liability for any property damage or personal injury to any third party resulting in my participation in athletic activities;
- TO HOLD HARMLESS AND INDEMNIFY RELEASEES from any and all liability for any costs they may occur for medical costs, emergency transportation, and litigation resulting in my participation in athletic activities
- That this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
- This agreement and any rights, duties and obligation as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of Western Australia and no other jurisdiction; and
- Any litigation involving the parties to this agreement shall be brought solely within Western Australia and shall be within the exclusive jurisdiction of the courts of Western Australia
I entering into this agreement I am not relying on any oral or written representations or statements made by Fibre Active with respect to the safety of athletic activities other than what's set out in this agreement
I CONFIRM THAT I AM OVER THE FULL AGE OF EIGHTEEN (18) YEARS AND I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST FIBRE ACTIVE. I agree that any information emailed, handed, delivered or sent to me in any form will not be given to anyone other than me. This is information, which includes nutritional guidelines, membership terms, information packs and any information handouts I receive from Fibre Active. Your information is also privacy protected; we will not sell your information