In considering for my use of World Gym facilities, I hereby stipulate and agree as follows:
I realise and accept the risks of cardiovascular exercise, weight lifting, weight training and/or body building, and I am fully aware of the possibility of mechanical and/or other malfunctions of cardiovascular equipment, weight machines, and/or apparatus (“equipment”) due to the negligence of World Gym or otherwise, as well as the possibility of injury to me as a result of my or others’ use of such cardiovascular equipment, weight machines, and/or weight machines and apparatus. I fully understand and accept the serious consequences which might result due to my involvement in cardiovascular exercise and weight training and/or body building while at World Gym premises. Based on that understanding, I voluntarily assume any and all risk of, and hereby fully, unconditionally and forever release World Gym, its franchiser/licensor, and all of World Gym employees, owners, shareholders, directors, agents, independent contractors and affiliates from any loss, damage, injury or claims of any kind whatsoever that relate to my or others’ use of any and all of the equipment and facilities of World Gym.
I represent and warrant that I am in physically sound condition and I have no disability or impairment that would prevent me from engaging in active or passive exercise that would be detrimental to my health, safety or physical condition. I am in good health and have no physical conditions that would be aggravated by my involvement in cardiovascular exercise, weight lifting, weight training and/or body building, nor do I have any physical limitations that would procure such involvement. I have medical approval to proceed with a normal routine of exercise, and all exercises shall be undertaken by me at my sole risk. I understand and agree that World Gym is not responsible for evaluating my physical condition and will not undertake to do so.
I understand that World Gym will not provide or pay for medical and/or hospitalisation care or insurance for my benefit in the event of any injury to me occurring as a result of my being on any portion of the premises of World Gym.
I will abide by the World Gym Rules and Regulations, as they may be changed or updated from time to time in World Gym’s sole discretion. I will comply with all Rules and Regulations regarding my guests, and I will cause my guests to comply with all Rules and Regulations at any time, World Gym shall have the right, in it’s sole and absolute discretion at any time, to cancel my membership, and in such event I will not be entitled to a refund for any prepaid membership fees that would have been accrued for the rest of the term.
In attending World Gym and using its facilities and equipment, I agree that I am doing so at my own risk. I understand that it is not World Gym’s responsibility to supervise my or others’ use of the equipment or facilities or conduct within or around the premises, and I understand and agree that World Gym shall not be liable or responsible for any personal injuries (including death) or property loss, theft or damage I sustain on or around the premises of World Gym, whether or not World Gym is alleged to be negligent.
I hereby assume all responsibility for any personal injuries (including death), property loss, or property damage that I may suffer, or that I or any of my guests cause others to suffer, in connection with my, or my guest’s, use of the equipment or facilities of World Gym or my presence within or around the premises of World Gym. With Full knowledge of the consequences, i.e., that I am waiving my right to sue, I voluntarily and expressly waive and agree to unconditionally, fully and forever release World Gym and all of its employees, owners, shareholders, directors, agents, independent contractors, affiliates, successors and assigns, and its franchiser/licensor, from all liability or claims for, or relating to, any personal injury (including death), property loss, theft or property damage, tortious acts or omissions, unlawful acts or omissions, or other claims of whatever nature sustained or asserted by me in connection with my, or others’ use of World Gym equipment or facilities or my or others’ presence or conduct on or around the premises of World Gym, and not withstanding the negligence or alleged negligence of World Gym. This release and waiver will survive my termination of membership.
I also assume full responsibility for, and agree to indemnify, defend and hold harmless World Gym and all of its employees, owners, shareholders, directors, agents, independent contractors, affiliates, successors and assigns, and its franchiser/licensor (collectively, “World Gym”), against any claims, damages, liability or expenses (including reasonable legal fees) for, any personal injury (including death), property loss, theft or damage, tortious acts or omissions, or other claims of whatever nature asserted by any other person or entity against World Gym in connection with my, or my guest’, use of the World Gym equipment or facilities or my, or my guests’, presence or conduct on or around the premises of World Gym , and notwithstanding the negligence or alleged negligence of World Gym. This indemnification will survive the termination of my membership.
I acknowledge and intend that this release and waiver of rights shall be affective not only on the date hereof, but also on all occasions subsequent hereto.
I UNDERSTAND THAT THESE PROVISIONS CONTAIN A COMPLETE AND UNCONDITIONAL WAIVER AND DISCLAIMER IN FAVOUR OF WORLD GYM. I understand that by signing below, I am waiving my right to sue World Gym (as defined above) if I suffer any injury, losses or damages of any nature whatsoever. I also understand that, by signing below, I am agreeing to indemnify World Gym and I am taking full responsibility for any claims or damages that may be made against World Gym by any other person as the result of my, or my guests’, acts or omissions within or around the premises of World Gym. This waiver, release and indemnification will survive the termination of my membership.
I acknowledge that, at times, the facility World Gym may be unsupervised and I accept full responsibility my own actions during these times.
WORLD GYM AUSTRALIA PASSPORT MEMBERSHIP
(A) “Passport Membership”: A member can use participating World Gym clubs if they join up as a Passport Member depending the Passport type. When a Passport member joins their contract is with World Gym Australia. A Passport member pays a higher fee than a standard member which is a fixed rate set by World Gym Australia. A Passport member must join up at the club they most frequently use (“Home club”), and may use other participating World Gym clubs (“Away clubs”). World Gym Franchisees sell Passport memberships for World Gym Australia.
(B) Transfers of Passport Memberships between clubs may automatically occur from time to time. After the initial 6 months of a Passport membership, if over a 3-month period a Passport Member’s visits are greater than 60% at an Away club and in-line with the World Gym Australia Passport Membership Policy, from that time that club will be designated as the Member’s Home club. This club will then be considered your HOME club and all other clubs AWAY clubs. Both the clubs and the Member will be notified once this change occurs.