Byron Bay

Waiver, release and informed consent for exercise for use of Workout Australia.

I hereby request permission to use Workout Australia Fitness Training Services, including use of equipment provided, participation in training and exercise programs conducted by Workout Australia and to undertake athletic activity which might include but is not limited to fitness classes, personal training, athletic competitions, weight lifting and gymnastics (collectively referred to in this agreement as the Fitness Training Services).  I understand that this agreement is a binding contract and that Workout Australia are permitting me the use of the Fitness Training Services in consideration of, amongst other things, signing this agreement and agreeing to its terms and conditions. 

Use of the Fitness Training Services is limited to persons who are at least 16 years of age.

Warning

Workout Australia gives you warning that whilst using the Fitness Training Services you might suffer injuries, including broken bones, soft tissue injuries, joint injuries, spinal injuries, heart attack, and stroke. These injuries may occur as a result of, amongst other things, you slipping on the wet flooring, weight striking you, collision with equipment or with other users.

Release and Indemnity

In consideration of Workout Australia permitting you to use the Fitness Training Services you agree that Workout Australia or its owners, directors, officers, independent, contractors, representatives, successors and assigns shall not be liable for any loss, damage or theft of any property belonging to you, or brought on to the Fitness Training Services locations by you or your quests. Workout Australia shall not be liable for any death, injury, loss whatsoever, including but not limited to, the negligence of Workout Australia.

Further Acknowledgments and agreement

I acknowledge that I will comply with any reasonable direction of the official and staff of Workout Australia in relation to:

the use of the equipment provided by Workout Australia;

my behavior and conduct whilst performing the Fitness Training Services.

I agree that I am in a good state of health and I am medically fit to use the Fitness Training Services and there is no medical reason to prevent me from proceeding with the use of the Fitness training Services without endangering myself. 

I acknowledge I have completed the health questionnaire and provided the completed questionnaire to Workout Australia. I accept that any training program developed or recommended use of equipment by Workout Australia has been developed in good faith relying (amongst other things) on the information provided on that health questionnaire. 

I also give permission for photographs and videos featuring me to be included in multi-media marketing campaigns that includes online, social media, print, mobile and video.

This agreement shall be affective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of death or incapacity.

This agreement and any rights, duties and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of new South Wales, Australia and no other jurisdiction.

Any litigation involving the parties to this agreement shall be brought solely within the New South Wales and shall be within the exclusive jurisdiction of the court of New South Wales.

In entering this agreement I am not relying on any oral or written representation or statements made by Workout Australia with respect of the safety of athletic activities, the suitability of any program development by Workout Australia, the use of equipment use in the Fitness Training Services, other than what is specifically set out in this agreement. 

The Warning, the Release and Indemnity and the Further Acknowledgment and Agreements are ongoing and it will apply to each occasion I use the Fitness Training Services.

If any provision of this agreement is prohibited by law or judged by the court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provision of the agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.