Open Gym and Recovery Room Waiver, Release and Indemnity
The SJ & CF LEE Pty Ltd as CrossFit Knoxfield
In consideration of CrossFit Knoxfield allowing me to participate, I acknowledge, understand and I am aware that:
I have voluntarily chosen to participate in training activities provided by The SJ & CF Lee Pty Ltd trading as CrossFit Knoxfield and voluntarily chosen to participate in training activities of my own choosing during ustaffed hours and under my own guidance. I understand there are inherent risks in all aspects of physical training and I acknowledge that I have been informed of the possible strenuous nature of the training and the potential for undesirable physiological results including, but not limited to, abnormal blood pressure, muscle soreness, fainting, heart attack and/or death. I also acknowledge that I have been specifically warned about the medical condition ʻRhabdomyolysis” and accordingly I have been advised to limit my effort in order to minimise the risks associated with this condition.
I understand that the training may involve weightlifting, gymnastic movements, strenuous bodyweight exercises and other high exertion activities, and that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during my training sessions. I understand that should I feel light headed, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my trainer. I give The SJ & CF Lee Pty Ltd and the staff of the facilities I train in permission to seek emergency medical services for me should I become injured or ill with the understanding that I am responsible for any expenses incurred.
I agree to WAIVE ANY AND ALL CLAIMS that I have or may have in the future against The SJ & CF Lee Pty Ltd and its directors, officers, employees, agents, volunteers and independent contractors (all of whom are hereinafter collectively referred to as “the Releasees”). I agree to RELEASE THE RELEASES from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of my participation in the programs, activities and services provided by The SJ & CF Lee Pty Ltd, due to any cause whatsoever including negligence, breach of contract, or breach of any statutory or other duty of care. I agree to HOLD HARMLESS AND INDEMNIFY THE RELEASES from any and all liability for any damage to the property of, or personal injury to, any third party, resulting from my participation in any program, activity or service provided by the releases.
This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
If I am signing on behalf of a minor child, I agree and acknowledge that The SJ & CF Lee Pty Ltd does not take responsibility or liability for the care and supervision of minor children whether participating in activities, getting to or from the activities or while in or about the Premises whether attended with an adult or not.
General Waiver, Release and Indemnity
I grant permission of CrossFit Knoxfield and any other authorities to take pictures and videos of me and use them on their website and other promotional and educational materials without compensation to me.
I am aware that there are significant risks involved in all aspects of CrossFit. These risks include, but are not limited to: falls which can result in serious injury or death, injury or death due to negligence on the part of myself, or other people around me, injury or death due to improper use or failure of equipment. I am aware that any of these above mentioned risks might result in serious injury or death to me. I affirm I?m fully aware of the risks of rhabdomyolysis and will seek medical attention immediately if I experience symptoms of severe cramping, darkened urine. I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in or attendance at CrossFit Knoxfield.
I recognise that there is risk involved in the activities offered at CrossFit Knoxfield. I accept financial responsibility for any injury that I may cause either to myself or to others. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney?s fees and costs to enforce this agreement, I will reimburse them for such fees and costs. I agree to indemnify and hold harmless CrossFit Knoxfield, their principals, employees and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating,
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you;
- are rendered with due care and skill; and
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.