ACTIVITIES
Personal fitness training including fitness classes, programs and workshops, stretching, walking and any future activities conducted by the Organiser.
ORGANISER
FIT FOR SENIORS (ABN: 36 733 565 881) and its employees, agents, volunteers and contractors, together with local government and all public bodies, landholders, sponsors and suppliers in any way involved in the organisation or conduct of the Activities.
ACTIVITY LOCATION
5 / 7-11 Salvado Drive, Smithfield, Qld 4878 and any other location that the Organiser may conduct the Activities in from time to time.
GENERAL RISK WARNING
Taking part in the Activities is subject to risks. These include death, serious injury or illness due to overexertion and strenuous activity.
WAIVER OF LIABILITY
I have read the general risk warning and am aware that the Activities are recreational activities that can be dangerous, accept that there is a degree of risk and acknowledge and agree that I participate in the Activities at my own risk and subject to the terms of this Waiver and Risk Warning (Waiver). I declare that:
I am aware that the Activities may involve risk and the safety of the Activity or location is not guaranteed;
I am mentally and physically able to participate in the Activities;
I understand that I should not participate in the Activities unless I am in good physical condition;
I will participate within my skill level and capability during the Activities;
I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as medical professionals may deem appropriate.
For the purpose of the Civil Liability Act 2002 (NSW), Civil Liability Act 2002 (WA), Civil Liability Act 2003 (QLD), Civil Procedure Act 2010 (VIC), Personal Injuries (Liabilities and Damages) Act 2003 (NT), Civil Law (Wrongs) Act 2002 (ACT), section 139 of the Competition and Consumer Act 2010 (Cth) and any other applicable civil liability legislation, I acknowledge that the Activities are ‘recreational services’ and/or are dangerous and that there is a significant and obvious risk to my health and safety in participating in the Activities. The potential risks include, but are not limited to: death; physical or mental injury (e.g. twists, sprains, broken bones, spinal injury, paralysis); contraction, aggravation or acceleration of a disease; the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: that is or may be harmful or disadvantageous to me or the community; that may result in harm or disadvantage to me or the community.
I acknowledge, agree, and understand that the risk warning in the preceding paragraph constitutes a ‘risk warning’ for the purposes of relevant legislation including for the purpose of section 5M of the Civil Liability Act 2002 (NSW). I acknowledge that the Organiser’s liability arising from the Activities is excluded or reduced in so far as is possible as a result of the risk warning.
By signing this Waiver, I acknowledge, agree and understand that, to the full extent permitted by law (including by section 139A of the Competition and Consumer Act 2010 (Cth), division 4 of the Civil Liability Act 2003 (QLD), section 5J of the Civil Liability Act 2002 (WA) and section 5N of the Civil Liability Act 2002 (NSW)): my rights to sue the Organiser in relation to the Activities, if the Activities or associated services were not provided in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded or alternatively limited to a refund of the cost of the Activities; and
I release the Organiser from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, in so far as the Activities result in my death or injury, but not including significant personal injury caused by the Organiser’s reckless conduct.
ADDITIONAL WAIVERS
In addition to any other releases, exclusions and warranties in this Waiver, to the full extent permitted by law, I (including my heirs, successors, executors, administrators, agents and assigns) agree to waive, release and indemnify the Organiser in respect of any losses, damages, claims, injuries, liabilities, costs, charges or expenses whatsoever in connection, directly or indirectly, with my participation in the Activities, including without limitation those arising under statute, tort, contract, common law or equity (including for the Organiser’s negligence).
I acknowledge that I do not have to agree to exclude, restrict or modify or waive my rights against, or release, the Organiser, however the Organiser may refuse to allow me to participate in the Activities.
SEVERABILITY OF TERMS
If anything in this Waiver is unenforceable, illegal or void then it is severed and the rest of this Waiver remains in force. The terms of this Waiver are governed by the laws of Queensland and Australia.
Copyright © 2023 FIT FOR SENIORS - All Rights Reserved.
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