DEED OF WAIVER, RELEASE & INDEMNITY
A REQUIREMENT FOR PERSONS WHO DESIRE MEMBERSHIP OF THE BELOW PARALLEL BARBELL CLUB’S GYMNASIUM, SPORTS & RECREATIONAL CLUB
128 ARTHUR STREET, FORTITUDE VALLEY
1) Below Parallel Barbell Club Pty Ltd A.C.N. 619 928 522 of 128 Arthur Street, Fortitude Valley, Brisbane in the State of Queensland “Barbell” owns and operates a Gymnasium at its Sports and Recreational Centre at the above address.
2) The type of physical exercise and activities undertaken by persons working out in a gymnasium is often quite extreme leaving themselves open to significant physical risks which could lead to injury and even death. This may be caused as a result of the participant negligently exceeding his or her physical capabilities, or as a result of other forms of negligence on the part of the participant, his or her training partner, or other people in close proximity, improper use or failure of equipment or strains and sprains and or from many other causes.
3) Barbell may offer, and approve at its sole discretion, some of its members access to the gymnasium and its facilities 24 hours a day 7 days a week and the gymnasium will accordingly at times be unsupervised during unstaffed hours of operation.
4) Barbell as owner and operator of the Gymnasium desires to limit its liability from claims by participants alleging that negligence by Barbell has caused them loss and damage from personal injury but in so doing it is not Barbell’s intention that this document be used to excuse gross negligence or intentional acts.
5) A condition precedent for all persons desirous of utilising the gymnasium’s facilities is that they must first be registered as a participant which entails the completion of a form of application which may or may not be approved by Barbell in its sole discretion.
6) It is a condition of approval that the applicant agrees to and accepts the terms and conditions of the form of Waiver, Release and Indemnity as hereinafter set out.
1. Express Acceptance of Risk
a) I confirm that the answers I have provided in my application are true and correct and that Barbell has relied on these answers in allowing me to become a Participant as it is described in Clause 4 of the Preamble.
b) I personally and voluntarily assume all the risks for any harm, trauma, injury or damage that I may suffer to my person or my property whether foreseen or unforeseen arising out of or in any way connected with my involvement with any activity of the gymnasium including the use of its facilities and equipment and whether or not I was at the relevant time under the instruction of a Trainer or otherwise engaged on my own initiative.
c) I certify to Barbell that save for the medical conditions provided in my application I have no pre-existing physical conditions or mental impairment that would restrict my ability to participate in the various physical exercise routines that one would expect to participate in if one involved oneself in the activities carried on in a gymnasium.
d) I acknowledge that I have been advised by Barbell of the inherent risks associated with the rigorous nature of the various physical routines undertaken by participants attending a gymnasium and that I should
i. First seek the advice of a Medical Practitioner as to whether I should participate and
ii. Take out adequate insurance to ensure that I am covered for any loss or damage, personal injury, death, judgements, costs of litigation, legal fees, economic loss and consequential loss as a result of my participation in the physical and associated activities carried on in a gymnasium.
e) I acknowledge that Barbell may offer me membership which provides me access to the gymnasium and facilities 24 hours a day 7 days a week during which time the gymnasium will be unsupervised during unstaffed hours and I further acknowledge and accept there may be additional or increased inherent risks with undertaking the rigorous nature of various physical routines undertaken by myself and other participants during unsupervised and unstaffed hours of operation of the gymnasium.
2. Release Discharge and Indemnity
a) I agree on behalf of myself (and my personal representatives, executors, heirs, administrators, agents and assigns) to release and discharge Barbell (and its directors, trainer’s and their affiliates, employees, agents, representatives, related entities, volunteers, successors and assigns) from any and all claims or causes of actions (known or unknown) arising out of or as a result of my participation in the programs, activities and services provided by Barbell, due to any cause whatsoever including without limitation injuries that may occur due to the negligence of a Trainer or an affiliate, my use of any exercise equipment or facilities that may malfunction or break, improper maintenance of any exercise equipment, premises or facilities, negligent instruction or supervision , including personal training, negligent hiring or retention of employees, and/or slipping or tripping and falling while on any portion of a premises or while travelling to and from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facilities or premises including negligence, breach of contract, or breach of any statutory or other duty of care and it is immaterial whether at the relevant time there was supervision by a trainer or other representative of Barbell or whether at the relevant time there was no such supervision.
b) I further agree to hold harmless, Indemnify and Release Barbell 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 Barbell.
3. Age Policy
Barbell requires that all members must be a minimum of 14 years of age. Any member who is under the age of 18 years must have a parent or legal guardian read and agree to all terms and of membership and must co-sign any membership agreement and in addition provide a parental consent in the form required by Barbell. Members under the age of 18 years must be accompanied by either a personal trainer, legal guardian or parent when inside the gymnasium and whilst using the gymnasium’s facilities. Members under the age of 18 years will not be provided or allowed access to the gymnasium or its facilities during unstaffed hours of operation and access for members under the age of 18
years will be limited to staffed hours of operation only. There may be other restrictions, imposed by Barbell at the sole discretion of Barbell, on the membership of anyone who is under the age of 18 years.
I acknowledge that prior to acceptance I carefully read this waiver and release and fully understand that the conditions set out in this document are contractual in nature, are intended to have legal effect and are not merely a warning or recital and is a release of liability, express assumption of risk and indemnity agreement. I am aware and agree that by executing this waiver and release, I am giving up my right to bring a legal action or assert a claim against Barbell, its affiliates, directors, related entities, employees, agents, representatives successors and assigns for its negligence, or for any defective product used while receiving personal training from a Barbell representative.