WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
Under the Australian Consumer Law (Victoria), 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-
are rendered with due care and skill; and
are reasonably fit for any purpose which you, either expressly or by implication, make known to the
might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, 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 and Fair Trading Act 2012 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.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
In consideration for and as a condition of acceptance of your entry and continued participation in the Activities, you acknowledge and agree as follows.
You acknowledge and agree that:
(a) You have relied upon your own medical advice and knowledge in:
(i) electing to undertake the Activities;
(ii) deciding that you don't have any physical limitations that:
the Activities; and
a. prevent you safely undertaking; or
b. could be aggravated by
(iii) deciding that you have sufficient skill, ability and fitness to safely undertake the Activities.
(b) You continually represent and warrant that, as long as you participate in the Activities:
(i) you are in general good physical health; and
(ii) do not suffer from any medical condition which would prevent you safely undertaking or fully participating in the Activities.
(c) It is your responsibility to consult with an appropriate medical professional with respect to commencing and continuing your participation in the Activities.
(d) There are inherent dangers and risks in undertaking the Activities, including risk of injury or death through exertion, accident or misadventure.
(e) You understand that FCC will not provide or pay for medical care or insurance for your benefit in the event of any injury to you occurring as a result of the Activities.
(f) You are undertaking the Activities freely, voluntarily and at your own risk with full appreciation of the nature and extent of all risks involved.
(g) In participating in the Activities, you must not engage in conduct that is:
(iii) dangerously; or
(iv) contrary to any FFC policy from time to time; or
(v) contrary to any direction given by an FFC instructor from time to time.
(h) You have read and understood this waiver.
(i) You are legally competent to sign and voluntarily agree to this waiver.
(j) In the circumstances of the Activities, it would be unreasonable for FFC to be in any way responsible for any injury to you.
You, for yourself and your personal representatives, heirs, successors and assigns, unconditionally and perpetually:
(a) waive (with respect to FCC);
(b) exclude FFC from; and
(c) indemnify and holder harmless FCC,
with respect to all claims, demands, legal rights or causes of action (including but not limited to breach of contract (including serious breach of contract), negligence, breach of duty) which, if not for this waiver, you would otherwise have against FCC for injury or death arising out of or in relation to the Activities.
(i) is hereby deemed incorporated into the services agreement between FCC and you ("Services Agreement") including as a variation where necessary; and
(ii) operates separately from the Services Agreement;
(b) is in favour of and for the benefit of each of the persons within the definition of "FCC".
In this waiver:
"Activities" means any services (including but not limited to online and in-person services) provided by FFC (including but not limited to fitness training and use of fitness equipment).
"FFC" means FITZROY FITNESS CLUB PTY LTD [ACN 655602467] and FITZROY FITNESS CLUB PTY LTD 's:
● heirs, successors and assigns
● Related Body Corporates within the meaning of the Section 50 of the Corporations Act 2001 (Cth)
● the heirs, successors and assigns of any of the above
Nothing in this waiver excludes, restricts or modifies any condition, warranty, right or liability implied in by law (including statute) to the extent that such exclusion, restriction or modification would render this waiver or any provision of this waiver void, illegal or unenforceable.