4B GYM INJURY WAIVER, RELEASE AND RISK WARNING
For use in New South Wales
4B Movement Pty Ltd ACN 697 493 575
Trading as 4B Gym
4B Sir William McKell Drive
Pambula NSW 2549
Website: www.4b-gym.com.au
Email: hello@4b-gym.com.au
1. Purpose of this Waiver
1.1 This waiver applies to the Member’s use of the gym, equipment, facilities, classes, personal training, programs, events, recovery areas, change rooms, and any other services provided by the Gym.
1.2 By signing this waiver, the Member acknowledges that physical exercise and gym activities involve inherent risks, including the risk of injury, illness, aggravation of an existing condition, permanent disability or death.
1.3 The Member agrees to participate voluntarily and accepts the risks described in this waiver.
2. Risk Warning
2.1 The Gym provides this risk warning for the purposes of the Civil Liability Act 2002 (NSW) and any other applicable law.
2.2 Gym activities, exercise and training are recreational activities which may involve obvious and inherent risks.
2.3 Risks may arise from, including but not limited to:
a. lifting weights or using resistance equipment;
b. cardio training, functional training, boxing, group fitness, stretching or mobility exercises;
c. use or misuse of gym machines, free weights, racks, benches, bands, mats and other equipment;
d. slips, trips or falls;
e. overexertion, dehydration, fatigue, dizziness, fainting or nausea;
f. pre-existing medical conditions, illnesses or injuries;
g. incorrect technique, poor form or failure to follow instructions;
h. contact with other members, trainers, staff or objects;
i. equipment failure or malfunction;
j. emergency events or medical episodes; and
k. the Member’s own acts, omissions, physical condition, fitness level or training choices.
2.4 Injuries may include, but are not limited to, muscle strains, ligament injuries, joint injuries, fractures, spinal injuries, head injuries, cuts, bruising, dislocations, cardiac events, respiratory distress, and other serious injuries.
3. Member’s Health and Fitness Acknowledgement
3.1 The Member warrants that they are physically and medically able to participate in gym activities.
3.2 The Member must disclose to the Gym any illness, injury, medical condition, disability, impairment or health concern that may affect their ability to exercise safely.
3.3 The Member must not participate in exercise if they know, or ought reasonably to know, that it may be unsafe for them to do so.
3.4 The Member must immediately stop exercising and notify Gym staff if they experience chest pain, shortness of breath, dizziness, faintness, unusual pain, sudden weakness, nausea, loss of balance or any other concerning symptom.
3.5 The Gym may refuse, suspend, modify or restrict the Member’s participation where the Gym reasonably considers that participation may pose a health or safety risk.
4. Assumption of Risk
4.1 The Member understands and accepts that participation in gym activities is voluntary.
4.2 The Member knowingly and freely assumes all risks associated with use of the Gym, including risks that are obvious, inherent or incidental to exercise and recreational activities.
4.3 The Member accepts responsibility for:
a. using equipment safely and correctly;
b. following Gym rules, signs and staff directions;
c. training within their own ability, health status and fitness level;
d. seeking assistance before using unfamiliar equipment;
e. avoiding unsafe exercises or loads; and
f. disclosing any relevant health issues or changes in medical condition.
5. Release and Waiver of Liability
5.1 To the maximum extent permitted by law, the Member releases and discharges the Gym and its officers, employees, contractors, trainers, agents, related entities and representatives from all liability for any injury, illness, loss, damage, cost or expense suffered by the Member arising out of or in connection with:
a. the Member’s use of the Gym’s facilities or equipment;
b. the Member’s participation in classes, personal training, programs or events;
c. any exercise or physical activity undertaken at or through the Gym;
d. the Member’s failure to follow instructions, warnings, rules or signage;
e. the Member’s failure to disclose a medical condition, illness or injury;
f. the Member’s own negligence, misuse of equipment, unsafe conduct or overexertion; or
g. any inherent or obvious risk associated with gym activities or recreational exercise.
5.2 This release applies whether the injury, illness, loss or damage occurs before, during or after participation in gym activities, and whether it occurs on the Gym’s premises or at an off-site activity organised by the Gym.
6. Exclusion of Liability for Recreational Services
6.1 To the maximum extent permitted by law, including under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law, the Gym excludes, restricts or modifies any liability arising from the supply of recreational services for:
a. death;
b. physical or mental injury;
c. the aggravation, acceleration or recurrence of a physical or mental injury;
d. the contraction, aggravation or acceleration of a disease; and
e. the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to the Member or community, or that may result in harm or disadvantage to the Member or community.
6.2 This clause is intended to operate as an exclusion, restriction or modification of liability for recreational services to the maximum extent permitted by law.
7. Limits of Waiver
7.1 Nothing in this waiver excludes, restricts or modifies any right, guarantee or liability that cannot lawfully be excluded, restricted or modified.
7.2 Nothing in this waiver excludes liability to the extent that liability arises from conduct that cannot legally be waived, including fraud, intentional misconduct, or any other liability that cannot be excluded under applicable law.
7.3 If any part of this waiver is found to be invalid or unenforceable, the remaining parts continue to operate.
8. Indemnity
8.1 To the maximum extent permitted by law, the Member indemnifies the Gym and its officers, employees, contractors, trainers, agents, related entities and representatives against any claim, loss, damage, liability, cost or expense arising from:
a. the Member’s breach of this waiver;
b. the Member’s failure to follow Gym rules, instructions, warnings or signage;
c. the Member’s misuse of equipment or unsafe conduct;
d. the Member’s failure to disclose a relevant medical condition, illness or injury;
e. any claim made by another person arising from the Member’s act or omission; or
f. damage caused by the Member to Gym property, equipment or facilities.
9. Compliance with Gym Rules
9.1 The Member must comply with all Gym rules, safety directions, staff instructions and signage.
9.2 The Member must not use equipment in a way that is unsafe, unauthorised or beyond their ability.
9.3 The Member must not train while affected by alcohol, illicit drugs, medication or any other substance that may impair their ability to exercise safely.
9.4 The Member must wear appropriate clothing and footwear and use equipment only for its intended purpose.
10. Personal Property
10.1 The Member brings personal property onto the Gym premises at their own risk.
10.2 To the maximum extent permitted by law, the Gym is not responsible for loss, theft or damage to personal property, including phones, bags, wallets, keys, clothing, jewellery, vehicles or other belongings.
11. Emergency Medical Assistance
11.1 If the Member suffers an injury, illness or medical episode, the Member authorises the Gym to seek emergency medical assistance where the Gym considers it reasonably necessary.
11.2 The Member acknowledges that they are responsible for any medical, ambulance or emergency service costs incurred on their behalf, except to the extent prohibited by law.