Definitions and Interpretation:
“Facility” means the training facility premises occupied by Emergency Fit (Efit) Western Australia and such other place as Efit shall otherwise decide from time to time.
“Client” means the person described in the client details set out above and the personal representatives of that person. Where the person whose details are set out above is under the age of 18 years then it also includes the lawful guardian of that person whose name appears above and the personal representative of that guardian.
“Personal Coach” means any person who is employed by or contracted directly or indirectly to Emergency Fit to provide Physical Training Sessions to individuals.
“I” and “me” mean the Client.
“Physical Training Sessions” mean and include, without limitation, cardiovascular training, gymnastic training, Olympic weightlifting, power lifting, Exercise Rehabilitation and all other forms of bodyweight and other exercise movements designed to increase the long and short term health of the Client which sessions are provided by Efit to me.
“Emergency Fit Pty Ltd” means the corporation trading under the business name Emergency Fit.
“Rhabdomyolysis” means the illness caused when the muscle cells of a person are so damaged by exercise that they flood into the blood stream of that person with the result that the kidneys are partially or irreparably damaged. Symptoms of Rhabdomyolysis include but are not limited to brown urine, swelling of joints and weakening muscles.
“Efit” means and includes Emergency Fit, Brooke & Raymond Hodgkinson and each and every Personal Coach who provides Physical Training Sessions to me.
“Training” means any cardiovascular training, gymnastic training, Olympic weightlifting, power lifting, Exercise Rehabilitation and all other forms of bodyweight and other exercise movements designed to increase my long and short term health which I am carrying out at the Facility whether under the guidance of a Coach or on my own and “Train” has a corresponding meaning.
The singular includes the plural and vice versa.
I have read and understood the whole of this Disclaimer and Release and after doing so I request Efit:
1) To provide Physical Training Sessions to me; and
2) To allow me to Train at the Facility.
I agree to be bound by the terms and conditions of this Disclaimer and Release.
I acknowledge that by requesting Efit to provide Physical Training Sessions and programs to me. I will be carrying out exercise with a view to improving health. To achieve that, I am aware that I may be exercising to the limits of my physical and mental ability. I understand that there are inherent risks associated with such Physical Training Sessions including but not limited to the risk of injury, soreness, illness (including but not limited to Rhabdomyolysis), cardiac events and in extreme cases death.
I confirm that if at any time I feel pain or discomfort in any part of my body, or if I feel nauseous, light headed, or dizzy or if I feel I am likely to faint then I will immediately stop and inform Efit and act on the advice given to me by Efit.
I WAIVE any and all claims I have or might, at any time in the future, have against Efit which arise out of or are in any way related to my undertaking Physical Training Sessions from the programs that are provided or otherwise Training at the Facility.
I RELEASE Efit from any and all actions, costs, claims, demands or other liabilities of whatsoever nature owed to me by Efit whether arising out of my own actions or inactions at the Facility or any wilful or negligent act or omission of Efit and whether such claim arises in negligence or breach of contract or on any other legal basis. I give permission for all and any media materials including my identity to be used to market and promote Emergency Fit to the wider community both during my time as a client of Efit and should this relationship cease.
This Release and Disclaimer may be pleaded by Efit as an absolute bar to any proceedings issued by me against Efit in respect of any matter arising out of or in any way related to Physical Training Sessions, programs or Training at the Facility.
If any term of this Disclaimer and Release is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the remaining terms and conditions shall remain in full force and effect.
I confirm that I have been advised to obtain independent legal advice on the meaning and effect of this Disclaimer and Release before I submit it to Efit.
Information to be provided by Client:
I undertake to inform Efit of any injury, illness, invalidity or other problem with my physical and mental health immediately I become aware of it. Efit has informed me that if I fail to comply with this undertaking there is an increased risk of injury, illness or even death by continuing to undertake the Physical Training Sessions. I understand and agree that if I fail to inform Efit of any such any injury, illness, invalidity or other problem with my physical or mental health immediately I become aware of it there is an increased risk that I will aggravate such injury, illness, invalidity or other problem and I understand and agree that any such aggravation will have been caused solely by me.