Risk Warning
You must understand that undertaking or participation in any exercise program presents the possibility of INJURY and you agree that any use of, attendance at or participation in ACTIVITIES will be at your own risk.
Disclaimer
Our classes, personal training, group training, exercise classes, events, instructions, advice, information, publications, goods and services ("Activities") are intended to assist you with (and assist you to make informed decisions about) your health and fitness. Activities should NOT be used as a substitute for advice, treatment or services from a doctor, nutritionist, pharmacist or other health professional. You must also understand that undertaking or participation in any exercise program presents the possibility of INJURY and you agree that any use of, engagement, attendance at or participation in Activities will be AT YOUR OWN RISK.
Terms of Engagement
- I agree to the following terms of engagement:
- That I have been provided a risk warning and understand that undertaking or participation in any exercise program presents the possibility of INJURY and I agree that any use of, engagement, attendance at or participation in Activities will be at My own risk;
- The programmes and Activities offered carry inherent risks such as physical injury;
- That I have consulted my doctor and have obtained a medical clearance to undertake such Activities;
- That some Activities are undertaken in outdoor locations that carry their own inherent risks and I acknowledge the risk warning in this regard;
- To the content of this document, and agree to the legal effect of this document, as a condition and in consideration of the provision of the Activities;
- If I become pregnant or my pregnancy or medical state alters, I will immediately inform Body First or the instructor;
- That by signing this agreement I agree to waiver of my rights pursuant to the Civil Liability Act 2002 (NSW) including the right to sue;
- To the extent permitted by law, neither Body First nor any of its officers, directors, employees, agents or contractors will be liable in any way (including for negligence) for any injury, loss, damage, costs or expenses suffered by me or for claims or demands made against you;
- To indemnify Body First and its officers, directors, employees, agents and contractors from and against all actions, claims, suits, demands, damages, liabilities, legal costs or related expenses, arising out of or in any way connected to the provision of the Activities to me (including for negligence);
- To waive any and all claims and causes of action that I may have (now and in the future) against Body First and its officers, directors, employees, agents and contractors (including for negligence);
- To waive and release Body First and its officers, directors, employees, agents and contractors from all liability and responsibility, whatsoever, for personal injury, property damage, economic loss or wrongful death arising from the Activities (including as a result of negligence).
- I acknowledge that to the extent permitted by law, Body First makes no warranties or representations about the Activities. If a term is implied by law into these terms and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these terms. However, Body First's liability for breach of such a term will be limited, at its option, to one or more of the following:
- in relation to goods:
- (i) either the replacement of the goods or the supply of equivalent goods; or
- (ii) the repair of such goods.
- in relation to services:
- (i) the supply of the services again;
- in relation to Activities that are not goods or services;
- (i) the supply of the Activities again.
- I acknowledge that I have not relied on any representation made by any representative of Body First which has not been stated expressly in these terms.
- This agreement is governed by the law in force in the State of New South Wales, Australia.
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