TO: CrossFit CQ Pty Ltd (ABN 56 155 314 202) and its shareholders, directors, officers, employees, contractors,
agents and volunteers and their respective representatives, successors and assigns (“CrossFit CQ”).
In this agreement:
“Liability” means any liability (whether actual, contingent or prospective), loss, damage, cost or expense of any nature or description whatsoever irrespective of when the act, omission, event or thing giving rise to it occurred.
“Personal Injury” means all forms of physical, mental and emotional injury including, but not limited to, death, bodily injury (including, but not limited to, breaks, strains, lacerations, dislocations, exercised induced rhabdomyolysis, heart failure and concussion), disability, disease, sickness (including, but not limited to, heat illness and dehydration), trauma, shock, fright, mental anguish, anxiety and fears.
“Recreational Activities/Services” includes, but is not limited to, personal training, group training, fitness classes, individual or team competitions, use of facilities, use of equipment, weight lifting (including Olympic lifting), gymnastics, strength conditioning, metabolic conditioning, plyometrics, interval training, stretching, rowing, outdoor running, swimming and seminars and services organised and/or provided by CrossFit CQ and/or independent contractors on the premises of CrossFit CQ and/or elsewhere.
In consideration of CrossFit CQ allowing me to participate in the Recreational Activities/Services and for other good and valuable consideration (the receipt and sufficiency of which is acknowledged), I hereby acknowledge and agree as follows:
The Recreational Activities/Services are inherently dangerous (eg lifting heavy objects overhead, running outside the facility and hanging from bars/rings) and it is not possible for CrossFit CQ to make the Recreational Activities/Services completely safe. Injuries may occur as a result of your actions, those of other participants or otherwise.
I hereby acknowledge that the Recreational Activities/Services are being undertaken/provided for the purposes of recreation, enjoyment and/or leisure.
I am aware that the Recreational Activities/Services are dangerous and that there are risks involved.
I hereby acknowledge and agree that, while I attending the premises of CrossFit CQ or otherwise participating in Recreational Activities/Services (whether or not on the premises of CrossFit CQ), I do so at my own risk and will not hold CrossFit CQ liable for any loss, damage, cost, expense or Personal Injury I may suffer as a consequence (whether caused by any negligent act, breach of duty, default and/or omission on the part of CrossFit CQ or otherwise).
To the fullest extent permitted by law, I hereby agree to waive any and all legal rights of action and/or claims that I have or may have in the future against CrossFit CQ and agree to release CrossFit CQ from any and all Liability for any loss, damage, cost, expense or Personal Injury that I may suffer as a consequence of my attendance at the premises of CrossFit CQ and/or participation in the Recreational Activities/Services due to any cause whatsoever (including negligence, breach of contract or breach of any statutory or other duty of care on the part of CrossFit CQ).
YOU ARE RESPONSIBLE FOR YOUR ACTIONS
You are responsible for your concentration and attention during the Recreational Activities/Services (and for your preparation and recovery) and, while we will provide advice, you are ultimately responsible for the decision to scale workouts. You are not obligated to perform or participate in any activity if you do not wish to do so.
I hereby acknowledge that at all times while participating in the Recreational Activities/Services I am responsible for my own actions and I have undertaken the Recreational Activities/Services freely, voluntarily and absolutely at my own risk and with a full appreciation of the nature and extent of the risks involved in the activity.
I understand that should I feel faint, lightheaded, dizzy, nauseated or experience pain or discomfort, I should stop the activity and inform a trainer immediately.
I hereby agree to hold harmless and indemnify CrossFit CQ from:
(a) any and all Liability for any loss, damage or theft of any property belonging to, or brought onto the CrossFit CQ premises by, me; or
(b) any and all Liability arising as a consequence of damage to the property of, or Personal Injury to, any third party resulting from my participation in the Recreational Activities/Services.
Please let us assist and/or seek assistance.
I hereby consent to receive first aid from CrossFit CQ in the event of an accident, injury or illness during the
Recreational Activities/Services and give CrossFit CQ permission to seek emergency medical services for me in those circumstances and agree that I am responsible for any expenses incurred.
I hereby agree to hold harmless and indemnify CrossFit CQ from any and all Liability arising as a consequence of CrossFit CQ providing first aid and/or seeking emergency medical services for me.
WE MAY PHOTOGRAPH AND/OR FILM YOU AND SEND YOU EMAILS
I hereby agree to allow CrossFit CQ to use picture(s), film and/or likeness of me for instructional and/or promotional purposes without payment of any kind and without any further notice or permission. I hereby consent to receiving emails from CrossFit CQ (including marketing emails and newsletters).
I hereby agree that this agreement shall be effective and binding on my heirs, next of kin, executors, administrators, successors, representatives, assigns and/or transferees in the event of my death or incapacity.
This agreement is governed by and must be construed in accordance with the law applying in the State of Queensland.
This agreement contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, CONSENTS AND
Any provision of this agreement which is unenforceable or partly enforceable is, where possible, to be severed to
the extent necessary to make this document enforceable.
Some sections of this agreement are surrounded by a border (“Bordered Text”). The Bordered Text is intended
to provide some background to the section which follows and is not part of the agreement. If any Bordered Text
conflicts with the section which follows, the section of the agreement, and not the Bordered Text, prevails.
CrossFit CQ Pty Ltd
5/49 Archer Street, Rockhampton QLD 4700
ACN 161 053 701