THIS IS A LEGALLY BINDING WAIVER, RELEASE AND INDEMNIFICATION AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING
WE RECOMMEND THAT YOU & YOUR PARENTS OR LEGAL GUARDIANS OBTAIN MEDICAL/LEGAL ADVICES BEFORE SIGNING
Burpengary Gym Pty Ltd ABN 18 614 531 467 trading as World Gym Burpengary location is a licence of World Gym International Inc and is independently owned and operated.
For the purpose of this Agreement, World Gym includes Burpengary Gym Pty Ltd ABN 18 614 531 467, World Gym International Inc, and collectively their owners, directors, other office holders, shareholders, employees, agents, independent contractors and sub-contractors, affiliates, successors and assigns (hereinafter collectively World Gym).
In consideration of my use of World Gym cardiovascular equipment, weight machines, apparatus and/or all other equipment and facilities within the World Gym premises (here in after collectively the Equipment), I hereby stipulate, realise, accept and agree to all the risks of cardiovascular exercise, weight lifting, weight training and/or body building, boxing, and all other forms of classes and exercises, whether active, passive or otherwise (collectively the Exercises). I am fully aware of the possibility of mechanical and/or other malfunctions of the Equipment whether or not 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 Equipment and/or engaging in the Exercises.
I fully understand and accept the serious consequences which might result due to my involvement in using the Equipment and/or engaging in the Exercises while at the World Gym premises. Based on that understanding, I voluntarily assume any and all risk of, and hereby fully, unconditionally and forever release World Gym from any loss, damage, injury or claims of any kind whatsoever, including death, that relates to my or others use of the Equipment and/or engaging in the Exercises.
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 the Exercises 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 using the Equipment and/or engaging in the Exercises nor do I have any physical limitations that would procure such involvement.
I have medical approval to proceed with using the Equipment and engaging in the Exercises and these 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 at the premises of World Gym, using the Equipment and/or engaging in the Exercises.
I will abide by the World Gym Rules and Regulations, which may be changed/updated from time to time at World Gyms absolute sole discretion. I will cause my guests to comply with all Rules and Regulations at all times. World Gym shall have the right, in its sole and absolute discretion at all times, 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 Equipment and/or engaging in the Exercises, I agree that I am doing so at my own risk.
I understand that it is not World Gyms responsibility to supervise my or others use of the Equipment 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 guests, use of the Equipment or my presence within or around the premises of World Gym. With Full knowledge of the consequences, I am waiving my right to sue, and I voluntarily and expressly waive and agree to unconditionally, fully and forever release World Gym 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 other use of World Gym using the Equipment and/or engaging in the Exercises or my or others presence or conduct on or around the premises of World Gym, and notwithstanding the negligence or alleged negligence of World Gym.
I also assume full responsibility for, and agree to indemnify, defend and hold harmless World Gym, against any claims, damages, liability or expenses (including all 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 guests, use of the World Gym Equipment and/or engaging in the Exercises 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.
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 if I suffer any injury, losses or damages of any nature whatsoever or even death. 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 and shall be effective not only from the date hereof, but also on all occasions subsequent hereto.
I acknowledge that, at times, World Gym may be unsupervised and I accept full responsibility for my own actions during these times.
MEDICAL/LEGAL CAPACITY:
I have been advised to obtain medical and legal advice before joining World Gym, using the Equipment and performing the Exercises. I confirm I have the sound mind and legal capacity to sign this Agreement, and I am fully aware of the risks involved.
SUCCESSORS: This Agreement binds my successors and estate.