Release of Liabilty, Waiver of Claims, Assumption of Risk
By my signature to this document I, the undersigned, hereinafter referred to as (‘I’, ‘Me’, ‘My’, ‘Myself’), and Falsegrip Gymnastics Strength Training Pty Ltd (ABN 97 611226110) (‘Falsegrip, We’) acknowledge, confirm and agree (as applicable) that:
1.2 Each time I participate in Falsegrip Activities I must ensure that I am in good physical condition and know of no medical or other reason why I should not exercise or train. If I am unsure I should not participate in Falsegrip Activities until I have been given appropriate medical advice and been given approval to do so.
1.3 I must not use the Falsegrip Gym or participate in Falsegrip Activities if I am suffering from any illness, disease or injury or other condition that could be a risk to My health or safety or that of others.
2. Terms & Conditions of Sale
2.1 ‘2 Week Trial’: To receive this offer, you will be required to pre-purchase the offer through our MindBody site; 1.2 ‘2 Week Trial’ is available to Sydney residents only;
1.3 '2 Week Trial' will begin on the date of your first visit;
1.4 Your first visit must be within 30 days from date of purchase;
1.5 ‘2 Week Trial' is not valid for ‘Rings 1’, 'Foundation 2', 'Handstand 2' & 'Tumbling' classes;
1.6 Offer available to new & first time clients to Falsegrip only;
1.7 Offer not transferable or refundable. Each time I participate in Falsegrip Activities I must ensure that I am in good physical condition and know of no medical or other reason why I should not exercise or train. If I am unsure I should not participate in Falsegrip Activities until I have been given appropriate medical advice and been given approval to do so.
2.2 ‘Drop-in Visit’: ‘Drop-in Visit’ is valid for one class only; 2.2 ‘Drop-in Visit’ is valid for 30 days from date of purchase;
2.3 ‘Drop-in Visit’ is not valid for ‘Rings 1’, 'Foundation 2', 'Handstand 2' & 'Tumbling' classes;
2.4 ‘Drop-in Visit’ is not transferable or refundable.
2.3 ’10 Class Pass’ & ’20 Class Pass’: ’10 Class Pass’ is valid for 10 weeks from date of first visit, ‘20 Class pass’ is valid for 16 weeks from date of first visit; 3.2 ’10 Class Pass’ & ’20 Class Pass’ is not valid for ‘Rings 1’, 'Foundation 2', 'Handstand 2' & 'Tumbling' classes; 3.3 ’10 Class Pass’ & ’20 Class Pass’ is not transferable or refundable.
2.4 ‘Visitor Pass’: ‘Visitor Pass’ pass will begin on the date of your first visit and be valid for 7 days from and including the date of first visit; 4.2 'Visitor Pass’ is not valid for ‘Rings 1’, 'Foundation 2', 'Handstand 2' & 'Tumbling' classes; 4.3 ‘Visitor Pass’ is not transferable or refundable.
For our full Terms & Conditions, please see: www.falsegrip.com.au/agreement
3. Express Assumption of Risk
3.1 Pursuant to section 5M of the Civil Liability Act 2002 (NSW) (“CLA”) Falsegrip warn me and I acknowledge that I have been warned that My use of the Falsegrip Gym and participation in Falsegrip Activities is a “recreational activity” as defined in section 5K of the CLA. These are also “dangerous recreational activities” as defined in that section, because the use of the Falsegrip Gym and participation in Falsegrip Activities each involve significant risks of physical harm. I acknowledge that there are inherent risks of injury when participating in any physical exercise and training, sport, wellness or recreational activity. These risks include but are not limited to: muscle and ligament sprains and damage, spinal injury including damage to discs and vertebrae, broken or fractured bones, heart conditions including heart attack, stroke, loss of consciousness, head injury, joint damage, injuries to hands, feet, fingers and toes, heat stroke, dehydration and other complications. If I sustain such injury I may also suffer loss and damage including financial loss. There is also a risk of death, or that any injury I suffer from may be permanent. Such injury, loss, damage or death may occur while I am engaging in physical exercise and/or using Falsegrip’s equipment as part of participation in Falsegrip Activities, including group activities or classes. This can occur as a result of any action by Me including, but not limited to, walking, jumping, running, skipping, hopping, lifting, gymnastics, rope climbs, strenuous bodyweight exercises and other high exertion activities, rowing, operating equipment, using weights, rings, resistance bands and other exercise equipment, sit ups, push ups and any other weight bearing exercises, bending, squatting, lunging, slipping and falling. I may also suffer such injury loss or damage or death as a result of my partner or another person’s use of the Falsegrip Gym or participation in Falsegrip Activities, for example where another person may drop or strike me with a piece of gym equipment such as weights, or where such a person may push pull or hit me, or by interfering with My person or My use of the Falsegrip Gym in some other way. Lastly, I may also suffer loss because of My personal property on the premises being stolen, lost, damaged or destroyed.
3.2 I warrant that My use of the Falsegrip gym and participation in the Falsegrip Activities is in all respects voluntary. I acknowledge the risks set out in clause 2.1 above and assume all those risks.
3.3 I warrant that I am physically and medically fit and I am not aware of any medical or physical condition that would prevent Me from participating in the Falsegrip Activities or from using equipment or facilities, which pose a serious health risk to Me.
3.4 I acknowledge that Falsegrip and its officers, agents and employees and related entities (collectively ‘the Falsegrip Released Entities’) will not be held responsible by Me for any injury, damage or loss suffered by Me by reason of any omission or negligence of any Falsegrip Released Party or any third party, or by any other reason whatsoever at the Falsegrip Gym or any location in which Falsegrip Activities are held.
3.5 I, as a parent and/or guardian of a minor hereby agree to be fully responsible for any and all actions, damages, injuries, or loss to property or person, performed by the minor with or without My supervision in the Falsegrip Activities or use of Falsegrip Gym, in consideration of Falsegrip allowing the minor to use Falsegrip Gym and participate in the Falsegrip Activities.
4. Waiver and Indemnity
4.1 I, release and discharge Falsegrip Released Parties, from all liability, claims, demands, costs and causes of action of any kind (including any negligence) relating to my death or personal injury, or loss, theft or damage to my personal property that I have now or may in the future have against the Falsegrip Released Parties arising from, or in any way connected with, My participation in Falsegrip Activities and use of Falsegrip Gym, facilities, premises or equipment. This release does not apply to significant personal injury or death caused by Falsegrip Released Parties ‘reckless conduct’ as defined in the Competition and Consumer Act 2010 (Cth).
4.2 I indemnify the Falsegrip Released Parties against all liability, claims, demands, costs and causes of action of any kind (including in negligence) relating to my personal injury or death, or loss, theft or damage to my personal property that I have now or may in the future have against the Falsegrip Released Parties arising from, or in any way connected with, My participation in Falsegrip Activities and use of facilities, premises or equipment (including costs and solicitor fees and disbursements), made by Me or on the part or Me or any person or entity claiming under or by virtue of Me.
5. Photography/Video Release
5.1 I understand that My involvement in any Falsegrip Activities may be photographed or videotaped. I hereby consent to the use of these photographs and/or videos without compensation, by Falsegrip on their website, any & all forms of social media or in any editorial, promotional, marketing or advertising material produced and/or published by Falsegrip both online and/or in print. I acknowledge that such photographs and/or videos may include (but not limited to) ‘before & after’ photographs along with any statistics related to my Training Sessions.
6. Acknowledgment of Understanding and Collection of Personal Information
6.1 I understand the reasons for the collection of my personal information and the ways in which the information may be used and disclosed and I agree to that use and disclosure. I understand that it is my choice as to what information I provide, and that withholding or falsifying information might act against the best interests of My training progress. I am aware that I can access my personal information on request and if necessary, correct information that I believe to be inaccurate. I understand that if, in exceptional circumstances, access is denied for legitimate purposes, that the reasons for this and possible remedies will be made available to Me.
6.2 I have read and fully understand the content of this entire document, including the release of all claims and My obligation to indemnify the Falsegrip Released Parties. I understand this document will be binding on Myself and may be used as a complete defence to any claim by Me including in a court of competent jurisdiction.
6.3 Should you have a query or complaint regarding this document, the collection of your personal information by Falsegrip or wish to correct any information provided please email: firstname.lastname@example.org