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Terms and Conditions
GENERAL
• By agreeing to join CrossFit 168 as a member I abide by all the rules, terms and conditions as outlined on this form.
• I acknowledge that during all such times whilst on CrossFit 168 premises both my property and my person shall be at my own risk and I will not hold CrossFit 168 or its instructors liable for any personal injury or loss of property, whether caused by negligence of the center, its servants or agents.
• I acknowledge that CrossFit 168 Facility may be unsupervised at times
• I warrant that I am physically and medically sound to proceed with a normal course of exercise.
• I acknowledge that if I am under 18 years of age, I must attend the facility with a parent or legal guardian during unstaffed hours
• The scheduling of classes is at the discretion of the management of the club and can be amended at any time without notice.
AUTHORITY FOR MEMBERSHIPS & PAYMENTS
• I understand to cancel this membership written or in person notification is required. This must be done by emailing CrossFit 168 at accounts@crossfit168.com.au or in person at the facility.
• Holding of accounts is accepted at no cost and can be done by contacting CrossFit 168 by email at accounts@crossfit168.com.au
• I understand that if I wish to downgrade or upgrade my membership, I can email CrossFit 168 at accounts@crossfit168.com.au or speak with a member of staff on site
• All Direct Debits are debited on a weekly/fortnightly/monthly/predetermined time basis on dates predetermined by me (member)
• I acknowledge that if my membership is more than 2 weeks in arrears, my access to the facility will be temporarily disabled until I pay my account or contact a member of staff to discuss.
AGREEMENT & RELEASE OF LIABILITY
• BY AGREEING TO THESE TERMS AND CONDITIONS YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE TO: CrossFit 168 Pty Ltd, CrossFit168 Alexandria Pty Ltd, owners, volunteers, employees, independent contractors and representatives (hereinafter referred to as CrossFit 168)
DEFINITIONS:
In this agreement:
a) The term “ATHLETIC ACTIVITY OR “ATHLETIC ACTIVITIES” includes but is not limited to personal training, fitness classes, team or individual competitions, fitness assessments, use of facilities, observation of athletic activities, Olympic Lifting, Powerlifting, strongman training or competitions, gymnastics, strength conditioning, metabolic conditioning, Plyometrics, interval training, bodyweight conditioning, rope climbing, stretching, outdoor running on trails or sidewalks or running tracks, sports, and programs, clinics, seminars and services provided by CrossFit 168.
b) The term “INJURY” shall refer to all forms of physical, mental and emotional injury in anyway related to athletic activity and transportation activities including but not limited to: death, breaks, strains, lacerations, dislocations, exercise induced rhabdomyolysis, heart failure, concussion, frostbite, hypothermia, heat illness, dehydration, trauma, anxiety, and fears.
• Disclaimer: CrossFit 168 owners, volunteers, employees, independent contractors and representatives are not responsible for any death, injury, loss, or damage of any kind suffered by any person while using CrossFit 168 facilities, participating or watching CrossFit 168 activities, caused in any manner whatsoever including but not limited to, the negligence of CrossFit 168. I am aware that athletic activities have inherent dangers and risks including but not limited to the potential for serious personal injury or death caused by any CrossFit 168 activities or any condition of the facilities or equipment of CrossFit 168, some of which may include:
a) Transient light-headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain, discomfort, fatigue, nausea, heart failure, exercise induced rhabdomyolysis, and so forth;
b) All manner of injury resulting from slipping or falling, either roped or unroped, while skipping, running, walking, lifting, climbing, and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment;
c) Abrasion, entanglement, lacerations, bruising, dislocations, and any other injuries resulting from activities near stands, racks, weight bars, pull up bars, walls, ropes, cargo nets, medicine balls and plyo boxes;
d) Injuries resulting from falling athletes or objects such as weights dumbbells, bars, medicine balls, ropes, kettlebells, and so forth or by any objects dropped by other persons conducting athletic activities or assisting others;
e) Failure of equipment, racks, stands, bars, attachments, anchors, ropes, harnesses, And, I do hereby further acknowledge and agree;
f) That the athletic activities I am participating in require a high degree of effort, are designed to be high intensity, and are intended to challenge my cardiovascular endurance, stamina, strength, flexibility, power, speed, agility, accuracy, balance and coordination;
g) That I will honestly represent my level of fitness, health, nutrition, use of medication, medical history, and current physical, mental, and medical condition to CrossFit 168.
In consideration of CrossFit 168, allowing me to participate in CrossFit 168 activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against CrossFit 168 and their owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (all of whom are hereinafter referred to as the “RELEASEES”) and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense, or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in climbing and transportation activity, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM RISKS, DANGERS AND HAZARDS OF ATHLETIC ACTIVITIES;
2. TO HOLD HARMLESS AND INDEMNIFY RELEASEES from any and all liability for any property damage or personal injury to any third party resulting in my participation in athletic activities;
3. TO HOLD HARMLESS AND INDEMNIFY RELEASEES from any and all liability for any costs they may occur for medical costs, emergency transportation, and litigation resulting in my participation in athletic activities;
4. That this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
5. This agreement and any rights, duties and obligation as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of NSW Australia and no other jurisdiction; and
6. Any litigation involving the parties to this agreement shall be brought solely within NSW and shall be within the exclusive jurisdiction of the courts of NSW. By entering into this agreement I am not relying on any oral or written representations or statements made by CrossFit 168 with respect to the safety of athletic activities other than what’s set out in this agreement.
I CONFIRM THAT I AM OVER THE FULL AGE OF EIGHTEEN (18) YEARS AND I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY AGREEING TO THESE TERMS I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST CROSSFIT 168.
I agree that any information emailed, handed, delivered or sent to me in any form will not be given to anyone other than me. This is information which includes nutritional guidelines, membership terms, information packs and any information handouts I receive from CrossFit 168. I agree that I will be held solely responsible if material is passed onto anyone or any other organisation which is CrossFit 168. This includes content as well as display. Your information is also privacy protected; we will not sell your information
7. I acknowledge that I will undertake the following personal obligations as a participant in CrossFit 168 sessions: (a) To engage in appropriate pre-exercise warm-up and post-exercise cool-down stretching and exercises.
(b) To carefully inspect exercise equipment before use to ensure it is in proper working order.
(c) To use exercise equipment and perform exercises, strength and endurance exercises, and aerobic activities only in the manner directed.
(d) To perform activities and exercises at the intensity level appropriate for my general health and physical condition.
(e) To purchase appropriate personal exercise attire as required by the activities I am participating in, including, but not limited to, athletic shoes.
(f) To immediately stop all activity if I feel dizzy, nauseous, or faint, or rapid heartbeat, extreme shortness of breath, headache, or any other physical symptoms that are unusual for me, and advise my trainer / instructor of said symptoms.
(g) To discuss with my trainer / instructor and my registered medical practitioner any changes in my medical condition that might affect my participation.
(h) To discuss with my registered medical practitioner in advance any concern he/she may have about my participation in any fitness testing activities such as but not limited to cardiovascular test, stretching tests.
(i) I agree not to participate in any activities with CrossFit 168 during any period that I am under the influence of alcohol or drugs or taking any prescription medication unless specifically approved by my registered medical practitioner.
8. I declare myself to be physically sound and suffering from no medical condition, impairment, disease, infirmity or any other illness that would prevent my participation in these activities or use of equipment or machinery.
9. In the event that no permission to participate in physical activity is required from my registered practitioner and that I have decided to participate in the exercise activities, programs and use of equipment without the approval of my general practitioner and hereby assume all responsibility for my participation in said activities, programs and use of equipment.
10. I understand that by CrossFit 168 providing and maintaining an exercise/fitness program for me does not represent an acknowledgement or indication of my physiological well-being or a medical opinion relating thereto.
PHOTO & VIDEO PERMISSION
CrossFit 168 will occasionally use photography and video from sessions for publicity purposes. These photographs or videos may be used in a wide range of advertising material including on our website, social media including, but not limited to Facebook, Instagram, TikTok etc, inside the gym premise and other publicity material. The image(s) will remain the property of CrossFit 168 and will be used only for the sole purpose of promoting CrossFit 168. Your personal details will remain strictly private and confidential. By registering with CrossFit 168, you agree to allow CrossFit 168 to use photographs and/or videos of you in CrossFit 168 publications and publicity material. CrossFit 168 will use your photos and/or videos in good judgement, and you have the right to revoke permission for use at any time. This revocation does not apply to printed/video media that has already been produced and released. I acknowledge that any photos or videos can be used without acknowledgement and without being entitled to remuneration or compensation.
MEDICAL CONDITIONS
I hereby agree that I have informed CrossFit 168 of any previous and ongoing medical conditions (if any) and hold no claim against CrossFit 168 in the event of injury or death.
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