RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISK, INDEMNITY AGREEMENT AND JURISDICTION AGREEMENT.
FOR INSURANCE PURPOSES THIS FORM MUST BE COMPLETED BEFORE ANY USE OF FACLITY IS PERMITTED.
TO: The Athletic Buddha and their owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (hereinafter referred to as “The Athletic Buddha”).
You are advised that athletic activity and training are DANGEROUS RECREATIONAL ACTIVITIES with OBVIOUS RISKS as defined by the Civil Liability Amendment (Personal Responsibility) Act. You are participating at your own risk. By signing this document or attending a online Zoom session, you will waive certain legal rights, including the right to sue.
In this agreement;
- a) The term “ATHLETIC ACTIVITY” OR “ATHLETIC ACTIVITIES” OR “TRAINING” includes but is not limited to
personal training, fitness classes including Strength & Conditioning, Bootcamp, Functional-Fit, Boxing, Yoga, Meditation, After School Fitness Kids Programs, Birthday Parties, Family-Fit, School Holiday Programs, Online Zoom Sessions, Zoom Birthday Parties, In-school related sessions and activities, team or individual competitions, fitness assessments, use of facilities, observation of athletic activities, Olympic lifting, power lifting, competitions, gymnastics, metabolic conditioning, plyometric movements, mobility, interval training, bodyweight conditioning, rope climbing, skipping, stretching, outdoor running and training in parks, recreational areas, playgrounds, car parks, trails and sidewalks, sports programs, clinics, seminars, and services provided to the participant by The Athletic Buddha.
- b) The term “INJURY” shall refer to all forms of physical, mental and emotional injury in any way related to athletic activity and training activities including, but not limited to: death, breaks, strains, lacerations, dislocations, exercise induced rhabdomyolysis, heart failure, concussion, heat illness, dehydration, trauma, anxiety, and fears.
The Athletic Buddha and their owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (hereinafter referred to as The Athletic Buddha) are not responsible for any death, injury, loss or damage of any kind suffered by any person while using The Athletic Buddha facilities, participating in or watching The Athletic Buddha activities, participating in a Zoom session or Zoom birthday party caused in any matter whatsoever including but not limited to the negligence of The Athletic Buddha. 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 of The Athletic Buddha’s athletic activities or any condition of the facilities or equipment of The Athletic Buddha, some of which include:
- Transient light-headedness, fainting, abdominal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain, discomfort, fatigue, nausea, heart failure, exercise induced rhabdomyolysis, and so forth;
- All manner of injury resulting from slipping or falling, either roped or unroped, while jumping, skipping, running, walking, lifting, climbing, and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment;
- Abrasion, entanglement, lacerations, bruising, dislocation, and other injuries resulting from activates on or near stands, racks, weight bars, pull up bars, walls, ropes, medicine balls, and plyo boxes;
- Injuries resulting from falling athletes or objects such as weights, dumbbells, bars, medicine balls, kettlebells, ropes and so forth or by any objects dropped by the other persons conducting athletic activities or assisting others;
- Failure of the equipment, racks, stands, bars, attachments, anchors, ropes, harnesses: and, I do hereby further acknowledge and agree:
- That the athletic activities that I am participating in require a moderate to high degree of effort, and are designed to be high intensity, and are intended to maximally challenge my cardiovascular endurance, stamina, strength, flexibility, speed, power, coordination, agility, balance, and accuracy.
- That I will honestly represent my level of fitness, health, nutrition, use of medicine, medical history, and current physical, mental and medical condition to The Athletic Buddha.
- That although The Athletic Buddha takes steps to reduce the risks and increase the safety of all the athletic activities, it is not possible for The Athletic Buddha to make these athletic activities completely safe.
- That I am personally responsible for my preparation prior to the athletic activities, my concentration and attention during these activities and for my post activity rest and recovery.
- That I will learn and obey the terms and conditions of The Athletic Buddha and that I will follow the instruction and directions of The Athletic Buddha during the athletic activities.
- I acknowledge that participants involved in any activities offered by The Athletic Buddha may be photographed or videotaped during training. I, the undersigned hereby consents to the use of these photographs and/or videos without compensation, on The Athletic Buddha website or in any editorial, promotional, or advertising material produced and/or published by The Athletic Buddha.
WAIVER AND RELEASE OF LIABILITY
Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in all aspects of athletic activities and physical training. These risks include but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. I am aware that any of these above-mentioned risks may result in serious injury or death to myself and or my partner(s). I acknowledge the need for a Physician’s approval prior to my participation in the exercise activities, programs and use of exercise equipment/ support structures. I also acknowledge that either I have had a physical examination and have been given my physicians explicit permission to participate or I have decided to participate in the exercise activities, programs, and use of equipment without the explicit approval of my Physician. I have not been advised by a Physician to refrain from or avoid participating in this or any other similar program. I hereby resume responsibility for my participation in said activities, program and use of equipment. I further declare myself to be physically sound and also declare that I am not suffering for any condition, impairment, disease, infirmity, or other illness that should prevent my participation in the activities or my use of equipment, machinery, or accessories.
I understand that the training may involve weightlifting, gymnastics 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 session. 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 willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or
death that may result from participation in any activity or class while at, or under direction of The Athletic Buddha. I am aware that this agreement is ongoing and will apply to all future occasions I participate in athletic activities and training at The Athletic Buddha or online Zoom sessions. I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others.
Release: In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities offered by The Athletic Buddha, I, the undersigned hereby release The Athletic Buddha, their principals, agents, employees, trainers, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. I give permission for The Athletic Buddha staff and trainers to seek emergency medical services for me should I become injured or ill, with the understanding that I am responsible for any expense incurred. If I am signing on behalf of a minor/ child, I also give full permission for any person connected with The Athletic Buddha to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the wellbeing of the child.
Indemnification: The participant recognises that there is risk involved in the types of activities offered by The Athletic Buddha. Therefore, the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless The Athletic Buddha, their principals, agents, employees, trainers, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by The Athletic Buddha, at the main building or abroad. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to main building, online Zoom sessions and/or any area selected for training by The Athletic Buddha. Parents and or Guardians using The Temple Crèche services understand that the child/ren remain at all times the responsibility of the parent or guardian whilst in The Temple. It is the responsibility of the parent or guardian to ensure that the child/ren are equipped with the necessities before checking into The Temple (e.g. clean nappy, dummy provided, water bottle etc). Parents and guardians understand that the child/ren will not be admitted to The Temple if deemed to be sick or contagious. This is at the discretion of The Temple Supervisor. The state of the health must be declared on arrival by parent/guardian. Admission of any child/ren into The Temple is at the discretion of Management. Parents and or Guardians understand that children play at their own risk. The Athletic Buddha assumes no responsibility for loss or injury. The participant indemnifies The Athletic Buddha against any claim relating to personal loss of belongings or damage arising out of personal injury to the child from any cause including negligence.
In consideration of The Athletic Buddha, allowing me to participate in The Athletic Buddha 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 The Athletic Buddha 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 any 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 the risks, dangers and hazards of athletic activities;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Athletic Activities;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any costs they may incur for medical costs, emergency transportation, and litigation resulting from my participation in Athletic Activities;
- 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;
- This Agreement and any rights, duties, and obligations 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
- 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. In entering into this Agreement, I am not relying on any oral or written representations or statements made by The Athletic Buddha with respect to the safety of athletic activities other than what is set forth in this Agreement.
Liability Waiver for Zoom Online Classes
Your agreement to participate in an online class means that you agree to the following:
- I understand that I have enrolled myself or child/ren in a program of potentially strenuous physical activity.
- I hereby absolve The Athletic Buddha from any responsibility for injuries I, my child/ren might sustain while practicing these movements or methods or any actions learned whilst participating in an online Zoom session.
- I hereby release for myself, my heirs and assigns, The Athletic Buddha, from any claims, demands and causes of actions arising from my participation in an online Zoom exercise program or Zoom Birthday Party.
- Agreement to this Liability Waiver will act as your continued agreement to all ensuing sessions, online workshops and/or seminars via Zoom or any other video conferencing tool.
I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it or logging on to or participating in a Zoom online session, obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form or logging on to or participating in a Zoom online session, I am waiving valuable legal rights.