Participant Risk Warning and Waiver
Personal fitness training including, strength and conditioning, fitness classes, programs and workshops, yoga, stretching, running coaching, remedial, Thai and relaxation massage and any future activities conducted by the Organiser.
Tonic P.T. Pty. Ltd. (ACN 122 302 532) as trustee for the Tonic P.T Trust and its employees, agents, volunteers and contractors, together with local government and all public bodies, landholders, sponsors and suppliers in any way involved in the organisation or conduct of the Activities.
47 Elgin Street, Carlton VIC 3053 and any other location that the Organiser may conduct the Activities in from time to time.
GENERAL RISK WARNING
Taking part in the Activities is subject to risks. These include death, serious injury or illness due to overexertion and strenuous activity.
WAIVER OF LIABILITY
I have read the general risk warning and am aware that the Activities are recreational activities that can be dangerous, accept that there is a degree of risk and acknowledge and agree that I participate in the Activities at my own risk and subject to the terms of this Waiver and Risk Warning (Waiver). I declare that:
- I am aware that the Activities may involve risk and the safety of the Activity or location is not guaranteed;
- I am mentally and physically able to participate in the Activities;
- I understand that I should not participate in the Activities unless I am in good physical condition;
- I will participate within my skill level and capability during the Activities;
- I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as medical professionals may deem appropriate.
For the purpose of the Civil Liability Act 2002 (NSW), Civil Liability Act 2002 (WA), Civil Liability Act 2003 (QLD), Civil Procedure Act 2010 (VIC), Personal Injuries (Liabilities and Damages) Act 2003 (NT), Civil Law (Wrongs) Act 2002 (ACT), section 139 of the Competition and Consumer Act 2010 (Cth) and any other applicable civil liability legislation, I acknowledge that the Activities are ‘recreational services’ and/or are dangerous and that there is a significant and obvious risk to my health and safety in participating in the Activities. The potential risks include, but are not limited to:
- physical or mental injury (e.g. twists, sprains, broken bones, spinal injury, paralysis);
- contraction, aggravation or acceleration of a disease;
- the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
- that is or may be harmful or disadvantageous to me or the community;
- that may result in harm or disadvantage to me or the community.
I acknowledge, agree, and understand that the risk warning in the preceding paragraph constitutes a ‘risk warning’ for the purposes of relevant legislation including for the purpose of section 5M of the Civil Liability Act 2002 (NSW). I acknowledge that the Organiser’s liability arising from the Activities is excluded or reduced in so far as is possible as a result of the risk warning.
By signing this Waiver, I acknowledge, agree and understand that, to the full extent permitted by law (including by section 139A of the Competition and Consumer Act 2010 (Cth), division 4 of the Civil Liability Act 2003 (QLD), section 5J of the Civil Liability Act 2002 (WA) and section 5N of the Civil Liability Act 2002 (NSW)):
- my rights to sue the Organiser in relation to the Activities, if the Activities or associated services were not provided in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded or alternatively limited to a refund of the cost of the Activities; and
- I release the Organiser from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill,
in so far as the Activities result in my death or injury, but not including significant personal injury caused by the Organiser’s reckless conduct.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VICTORIA)
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 suppliers 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 supplier; and
- 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 addition to any other releases, exclusions and warranties in this Waiver, to the full extent permitted by law, I (including my heirs, successors, executors, administrators, agents and assigns) agree to waive, release and indemnify the Organiser in respect of any losses, damages, claims, injuries, liabilities, costs, charges or expenses whatsoever in connection, directly or indirectly, with my participation in the Activities, including without limitation those arising under statute, tort, contract, common law or equity (including for the Organiser’s negligence).
I acknowledge that I do not have to agree to exclude, restrict or modify or waive my rights against, or release, the Organiser, however the Organiser may refuse to allow me to participate in the Activities.
ACKNOWLEDGEMENT BY PARENT, GUARDIAN AND SUPERVISOR (Note: Not applicable in South Australia)
Where this Waiver is signed by the Parent/ Guardian/ Supervisor of the Participant, the Parent/ Guardian/ Supervisor consents to the minor’s participation in the Activities and provides the acknowledgements and indemnities in this Waiver in its own right and on the Participant’s behalf.
SEVERABILITY OF TERMS
If anything in this Waiver is unenforceable, illegal or void then it is severed and the rest of this Waiver remains in force. The terms of this Waiver are governed by the laws of Victoria.
This Risk Warning and Waiver may be signed physically or electronically pursuant to the Electronic Transactions Act 1999.