Liability Waiver, Release, Indemnity and Informed Consent
This is an important document which affects your legal rights and obligations. Please read this document carefully You should consult your physician or other health professional before engaging in any exercise or weight loss program.
I wish to participate in different physical activities and work-outs, including, but not limited to, walking, jogging, running, hiking, jumping, climbing, calisthenics and stretching with the Club (together known as the "Activities".
2. Risk Warning
I understand that there is an inherent risk associated with any exercise program. The Activities will challenge my body, including my cardiovascular system, strength, power, flexibility and general fitness. I understand and am aware that these Activities are potentially hazardous and may cause injury or illness. Some of the injuries or illnesses that may occur due to my participation include (but are not limited to): soreness, muscle sprains, broken bones, scrapes, bruises, heart attacks, head injuries and death. Further, I understand that the Activities may involve other risks not noted in this Deed.
I acknowledge that I am aware that the risks mentioned above may be caused by my own acts or omissions, the acts or omissions of others participating in the Activities, the condition and/or layout of the location where the Activities are to take place or other risks not known to me or that are readily foreseeable at the time of signing this Deed.
I understand that the Club is independently owned and operated and that Herbalife International of America, Inc. and Herbalife Australasia Pty Limited ABN 42 008 003 030 (collectively “Herbalife”) and its affiliates do not own or operate the Club. I warrant that I am over the age of 18 at the time when I sign this Deed. I agree that my participation in the Activities is voluntary
I acknowledge that I am in good physical shape and do not suffer from any known medical problem, disability or condition that would limit my participation or increase my risk of injury or illness as a result of engaging in these activities/exercises. I acknowledge that I have sole responsibility for my personal possessions and warrant that any loss or damage to any possessions which I bring is my responsibility.
I agree to participate in the Activities in a manner that is not reckless or dangerous to myself or other people. Further, I agree to participate in activities at my own pace, listen to my body, stay hydrated, and rest when needed.
4. Assumption of Risk
Notwithstanding the risks of physical harm and injury inherent in the Activities, some of which are noted above, I agree to participate in the Activities at my own risk.
5. Waiver, Release and Indemnity
I agree that the provisions of the Competition and Consumer Act 2010 (Cth) and any similar State/Territory legislative provisions (which provide for an implied warranty that services be rendered with due care and skill and that any materials supplied in connection with those services will be reasonably fit for purpose) are excluded and do not apply to this Deed in so far as they relate to liability for death or personal injury from the Activities.
In consideration for my participation and to the full extent permitted by law, I hereby agree to release, waive, discharge and forever hold harmless, and to indemnify the Club and Herbalife (including their affiliated entities, officers, directors, employees) from and against any and all claims, rights, demands, lawsuits or causes of action (known or unknown) resulting from my voluntary participation of the Activities or any event incidental to the Activities, whether direct, consequential or foreseeable, and whether caused by accident or negligence or willful omission, breach of law, breach of statutory duty or otherwise in connection with the Activities.
I agree that the above waiver, release, discharge and indemnity shall operate in favour of the Club and Herbalife (including their affiliated entities, officers, directors, employees) and shall so operate whether or not the loss, injury or damage is due to or attributable to any act, negligence or omissions of any one or more of them.
I acknowledge and agree this Deed may be pleaded as a bar to any action, suit or proceedings taken at any time by me against the Club and Herbalife (including their affiliated entities, officers, directors, employees) arising out of or as a consequence of my participation in the Activities.
If any part of this Deed is deemed to be void or unenforceable, such determination will not affect the enforceability of the remainder of the Deed.
Executed as a Deed