Melbourne Fitness & Performance Participation Waiver

Waiver and Release of Liability

The Parties agree that:

1. Acknowledgement of risks, injury and obligations

In consideration of Melbourne Fitness & Performance allowing me to participate, I acknowledge, understand and I am aware that:

I have voluntarily chosen to participate in training activities provided by Melbourne Fitness & Performance. I understand there are inherent risks in all aspects of physical training and I acknowledge that I have been informed of the possible strenuous nature of the training and the potential for undesirable physiological results including, but not limited to, abnormal blood pressure, muscle soreness, fainting, heart attack and/or death. I also acknowledge that I have been specifically warned about the medical condition "Rhabdomyolysis" and accordingly I have been advised to limit my effort in order to minimise the risks associated with this condition.

I understand that the training may involve weightlifting, gymnastic 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 sessions.

I understand that should I feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my coach. I give Melbourne Fitness & Performance and the staff of the facilities I train in permission to seek emergency medical services for me should I become injured or ill with the understanding that I am responsible for any expenses incurred.

I acknowledge and understand that while participating in activities:

(a) I may be injured, physically, emotionally or mentally, or may die;

(b) My personal property may be lost or damage;

(c) Other persons participating in such activity may cause me injury or may damage my property;

(d) I may cause injury to other persons or damage their property;

(e) The conditions the activity is performed in may vary without warning;

(f) I may be injured or die or suffer damage to my property as a result of negligence or breach of contract by Melbourne Fitness & Performance;

(g) There may be no or inadequate facilities for treatment or transport if I am injured;

(h) I assume the risk and responsibility for any injury, death or property damage resulting from my participation in the activity.

2. Release of Liability and Indemnity to Melbourne Fitness & Performance

I agree to WAIVE ANY AND ALL CLAIMS that I have or may have in the future against Melbourne Fitness & Performance, and its directors, officers, employees, agents, coaches, volunteers and independent contractors (all of whom are hereinafter collectively referred to as "the Releasees"). By accepting this Agreement you agree that we will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto the gym premises by you, or for any death, personal injury or illness suffered by you or any other person on gym premises, or from using our facilities or equipment. I acknowledge and agree that I participate in the activity at my sole risk and responsibility and that the use of the gym may involve risk of injury, whether caused by me or another party.

I agree that in the event that I am injured or my personal property is damaged, I will bring no claim, legal or otherwise against Melbourne Fitness & Performance in respect of that injury or damage and I hold them harmless.

I agree to RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of my participation in the programs, activities and services provided by Melbourne Fitness & Performance, due to any cause whatsoever including negligence, breach of contract, or breach of any statutory or other duty of care.

I agree to HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of, or personal injury to, any third party, resulting from my participation in any program, activity or service provided by the releasees.

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. If I am signing on behalf of a minor child, I also give full permission for any person connected with Melbourne Fitness & Performance 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.

3. Use of picture(s)/film/likeness

I agree to allow Melbourne Fitness & Performance, its agents, officers, principals, employees, coaches, and volunteers to use picture(s), film and/or likeness of me for advertising purposes. In the event I choose not to allow the use of the same for said purpose, I agree that I must inform Melbourne Fitness & Performance of this in writing.

4. Warranty as to age

By personally executing this Waiver and Release I warrant that I am at least of 18 years of age.

Where this Waiver and Release is executed by a parent or guardian, the person so executing warrants that he or she has authority to do so and that such parent or guardian agrees to indemnify Melbourne Fitness & Performance in the same as set out in this Waiver and Release.

5. Bar to Action

I agree that this Waiver and Release may be pleaded as a bar to any action, suit or proceedings taken at any time by me against Melbourne Fitness & Performance arising out of or as a consequence of any activities associated with Melbourne Fitness & Performance.

6. Binding on successors

I agree that this Waiver and Release binds my heirs, administrators, executors, personal representatives, dependents (if any) and my successors and endures for the benefit of Melbourne Fitness & Performance and its successors and assigns.

7. Governing Law

This Waiver is governed by the laws of Victoria and the Commonwealth of Australia which are in force in Victoria and the parties submit to the jurisdiction of the Court of Victoria, relevant Federal Courts and Courts competent to hear appeals from them.