Waiver

Indemnity, Waiver and Release from Liability

CF Alpha Bravo Pty Ltd ACN 629 451 485, trading as “CrossFit Toowoomba”


WARNING:

CrossFit Toowoomba provides high intensity physical fitness and health related training, programs, activities and services, including but not limited to weightlifting, gymnastic movements, strenuous bodyweight exercises and other high exertion activities.

Participation in high intensity physical fitness and health related activities exposes a participant to a number of risks to health and safety, including (but not limited to) abnormal blood pressure, muscle soreness, tendon or ligament damage, fainting, dizziness, heart attack, disability and death.

If you agree to participate in CrossFit Toowoomba’s training, programs, activities or services, you agree to do so at your own risk.

In consideration of CrossFit Toowoomba allowing me to participate in group training sessions, training, programs, activities and services, I acknowledge, understand and I am aware that:

I have voluntarily chosen to participate in group training sessions, training, programs, activities and services provided by CrossFit Toowoomba at my own risk.

I understand such a program can enhance the musculoskeletal and cardio respiratory systems. I also understand there are inherent risks in participating in a program of strenuous exercise. I have been informed of the possible strenuous nature of the activities and the potential for undesirable,
physiological results including, but not limited to, abnormal blood pressure, muscle soreness, tendon or ligament damage, fainting, heart attack, disability and/or death. I also acknowledge I have been specifically warned about the medical condition “Rhabdomyolysis” and accordingly I have been advised to limit my effort in order to minimise the risks associated with this condition.

I understand that participation in CrossFit Toowoomba training, programs, activities and services may involve weightlifting, gymnastic movements, strenuous bodyweight exercises and other high exertion activities, and that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during my training sessions. I understand that should I feel light-headed, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my Trainer. I give CrossFit Toowoomba and its officers, employees and contractors permission to administer first aid to me and/or seek emergency medical services for me should I become injured or ill and I agree that I am solely responsible for any expenses incurred and will pay these costs on demand.

It is an individual’s responsibility to ensure that he/she has adequate insurance cover for his/her needs. CrossFit Toowoomba encourages all participants to take out and maintain Private Health and Income Protection Insurance according to their own individual needs and circumstances.

I further acknowledge and agree that due to the nature of CrossFit Toowoomba’s training, programs, activities and services, it would be unreasonable for CrossFit Toowoomba to be in any way responsible for any injury or illness to me, any damage to me or my property or my disablement or death.

In this agreement:

  • Claim means any claim, cause of action, proceeding, suit or demand against a person however it arises and whether it is present, future, fixed, unascertained, actual or contingent; and;
  • Liability includes any loss, damage, liability, cost or expense (including legal costs on a solicitor and own client basis) however it arises and whether it is present, future, fixed, unascertained, actual or contingent.

I irrevocably indemnify CrossFit Toowoomba and CrossFit Toowoomba’s officers, employees, volunteers, agents and contractors (the Indemnified) against any Claim or Liability arising from or relating to:

  • my participation in training, programs, activities or services conducted or organized by CrossFit Toowoomba; and
  • my use of CrossFit Toowoomba’s facilities or equipment.

I irrevocably waive any and all Claims that I have had, have now or may in the future have against the Indemnified arising from or relating to:

  • my participation in training, programs, activities or services conducted or organized by CrossFit Toowoomba; and
  • my use of CrossFit Toowoomba’s facilities or equipment

I irrevocably release the Indemnified from any Claim or Liability that I may have had, have now or may in the future have against any or each of the Indemnified arising from or relating to:

  • my participation in training, programs, activities or services conducted or organized by CrossFit Toowoomba; and
  • my use of CrossFit Toowoomba’s facilities or equipment.

I agree that the terms of this agreement are ongoing and will apply to all occasions I:

  • participate in CrossFit Toowoomba’s training, programs, activities or services;
  • use CrossFit Toowoomba’s facilities or equipment.

This agreement shall be binding upon me, my successors, personal representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid or unenforceable, I agree that the invalid or unenforceable part may be severed and the remainder of the agreement shall remain in full legal force and effect.

If I am signing on behalf of a minor child or dependent (dependent), I also give CrossFit Toowoomba and its directors, employees and contractors permission to administer first aid to my dependent and/or seek emergency services for my dependent should my dependent become injured or ill and I agree that I am solely responsible for any expenses incurred and will pay these costs on demand.

Use of picture(s)/Film/Likenesses: I agree to allow CrossFit Toowoomba, their agents, officers, principals, employees and volunteers to use Picture(s), film and/or likeness of me for advertising purposes. In the event I choose not to allow the use of the same for said purpose, I agree that I must inform CrossFit Toowoomba of this in writing.

I consent to CrossFit Toowoomba collecting personal information from me, including contact details so that I (or my next of kin) may be contacted where required, including in an emergency and to share information with me. I consent to giving and receiving information electronically.