George St Gym Waiver of Liability
The waiver of liability (Waiver) is entered into between George St Gym Operations Pty Ltd (ACN 659 026 918) its successors and assignees (we, us or our) and you, the Member (as outlined in Member Terms and Conditions) and the Member’s legal guardian (where the individual is under 16 years old or a dependent) (you or your), together the Parties and each a Party.
1 Acceptance
1.1 By ticking the boxes below, you accept this Waiver, and indicate that you have had sufficient opportunity to read this Waiver and contact us if needed, that you have read, accepted and will comply with this Waiver, and that you are 16 years or older. If you are accepting this waiver as a parent or legal guardian of a dependent, you are consenting to this Waiver on behalf of your dependent.
1.2 You must not accept this Waiver if you are under 16 years of age and do not have the consent of a legal guardian. If you do not agree to this Waiver, you must notify us immediately using the contact information below and refrain from accepting this Waiver.
1.3 By accepting this Waiver, you agree that this Waiver will continue to apply until the George Street Gym Terms and Conditions that you agree to terminate or expire in accordance with their terms.
2 Risk
2.1 You or your dependent will be participating in gym, fitness and exercise activities and other related activities (Activities).
2.2 Participating in our Activities may expose you or your dependent to the risk of death, physical harm, personal injury, psychological and emotional harm, physical exertion, serious injury, disease, illness and/or loss or damage to your property. The risk of death, physical harm, personal injury, psychological and emotional harm, physical exertion or serious injury, disease, illness and/or loss or damage to your property may arise from, but is not limited to:
(a) third party participants including fellow members;
(b) your or your dependent’s physical fitness level, tiredness or overexertion;
(c) strenuous exercises;
(d) your training technique;
(e) pre-existing health conditions;
(f) equipment supplied by us to carry out the Activities; or
(g) any failure to comply with our instructions or directions.
2.3 You understand the demanding physical nature of a fitness class or any related exercises and activities. You are not aware of any medical conditions, injuries or impairments that will be detrimental to your health if you participate in fitness or exerciserelated activities.
2.4. You acknowledge and agree that death, physical harm, personal injury, psychological and emotional harm, physical exertion, serious injury, disease, illness or loss of or damage to your or your dependent’s personal property may arise from you, your dependent’s or another party’s acts, omissions or negligence. You have read this risk warning and you are aware of and voluntarily accept any risk that may arise from your or your dependent’s participation in the activities.
3 Your Condition
3.1 In the event that you become aware of any medical, physical or psychological condition, injury or impairment that may be detrimental to your health, a risk to your health or safety or affect your proper and safe participation in the classes and personal training sessions, you must stop participating and contact your medical provider. You agree to notify us of any preexisting conditions that may affect your participation in the classes at the start of the class and to immediately notify us of any injuries or pain that you experience during a class. You warrant to us that:
(1) you have the required physical health and fitness needed to participate in classes; and
(2) you know of no medical or other reason why you cannot or should not participate in classes.
No guaranteed results: Our classes may help you improve your strength, fitness, health and wellbeing, but we make no guarantees of any specific result you may achieve from attendance at our classes.
4 COVID-19
4.1 You acknowledge that there may be health and safety measures in place due to the potential spread of COVID-19 (and any variation or mutation to this disease or illness) including laws, regulations or guidance. You agree to observe and comply with all applicable laws, regulations and guidance in place during participation in the Activities including those in relation to COVID- Confidential Page 2 of 4 19 (and any variation or mutation to this disease or illness). There is an inherent risk of exposure to COVID-19 (and any variation or mutation to this disease or illness) in any location where the public are, or have been, present. COVID-19 (and any variation or mutation to this disease or illness) is an extremely contagious disease which can lead to severe illness, disability and death. By participating in the Activity, you assume all risks related to the potential exposure to COVID-19 (and any variation or mutation to this disease or illness).
5 Warning Under The Australian Consumer Law (Cth) and Fair Trading Act 1987 (SA)
5.1 In this clause 5, “Supplier” means George St Gym Operations Pty Ltd (ACN 659 026 918), and “this form” means this Waiver. Australian Consumer Law.
5.2 Under the Australian Consumer Law (Cth), several statutory guarantees apply to the supply of certain goods and services.These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
(1) are rendered with due care and skill; and
(2) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
(3) might reasonably be expected to achieve any result you have made known to the supplier.
5.3 Under the Australian Consumer Law (Cth), the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law (Cth) if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
5.4 NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to reckless conduct on the supplier's part. A person’s conduct is reckless if the person is aware, or should have reasonably been so, that there was a significant risk that their conduct could result in personal injury and, despite this, engages in the conduct without adequate justification.
Fair Trading Act 1987 (SA)
5.5 Under section 42 of the Fair Trading Act 1987 (SA), the supplier of recreational services is entitled to ask you to agree to exclude their liability for any personal injury suffered by you or a third party you are acquiring the services for. If you sign the form in Schedule 1, you will be agreeing to exclude your rights to sue the supplier if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
5.6 NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to reckless conduct on the supplier's part. A person’s conduct is reckless if the person is aware, or should have reasonably been so, that there was a significant risk that their conduct could result in personal injury and, despite this, engages in the conduct without adequate justification.
5.7 This clause 5 will survive the termination or expiry of these Terms.
6 Rules
You agree to comply with the following rules (Rules) at all times, and any failure to comply with our rules will allow us to refuse your participation in our Activities. You agree to:
(a) prior to participation in our Activities, disclose any medical or health conditions that may impact or impair your or your dependent’s ability to participate in the Activities, to us;
(b) not be or allow you or your dependent to be under the influence of alcohol or prohibited drugs while participating in the Activities;
(c) not engage in or allow your dependent to engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you, your dependent or any third party;
(d) comply and ensure your dependent complies with any of our safety advice and processes;
(e) immediately notify us if you or your dependent is harmed or injured, or observe any third party to be harmed or injured; and
(f) comply and ensure you or your dependent complies with all of our reasonable instructions and directions.
7 Warranties
You represent and warrant that:
(a) there are no legal restrictions preventing you from agreeing to this Waiver;
(b) that you have not relied upon any warranty, representation, statement, offer or documentation made or provided by or on behalf of us;
(c) any information you provide to us is true, correct and complete;
(d) you have no medical, physical or psychological conditions that prevent you from participating in the Activities or if you have any medical, physical or psychological conditions, you have received consent from a medical professional to participate in the Activities or you will refrain from participating in the Activities;
(e) you have the required physical health and fitness needed to participate in the Activities;
(f) you are 16 years of age or over, or if you are under the age of 16, you have the permission of a parent or guardian to participate in the Activities and you are at least 14 years old; and
(g) if you are a third party providing consent on behalf of an individual taking part in the Activities, you are the individual’s parent or legal guardian.
8 General
8.1 Assignment: We may assign or transfer our rights or obligations under this Waiver without your consent.
8.2. Governing law: This Waiver will be governed by and construed in accordance with the laws for the time being in force in the State of South Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of South Australia.
8.3 Severability: Any term of this Waiver which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of this Waiver is not affected.
8.4 Waiver: No waiver by either Party of any provision of this Waiver will amount to a waiver of any other provision of this Waiver unless made in writing and signed by the Party against whom the waiver would have been enforced.
8.5 Joint and Several: An obligation or liability on two or more Parties to this Waiver will bind them jointly and severally.
8.6 Entire agreement: This Waiver contains the entire understanding and agreement between the parties in respect of its subject matter.
For any questions or notices, please contact us at:
George St Gym Operations Pty Ltd (ACN 659 026 918)
Address: 11 George St, Hindmarsh 5007 SA
Email: info@georgestgym.com
Phone: 0478220369
Last update: 25 May 2022