Acknowledgment of Understanding
I acknowledge that I have read the release of liability, waiver of claims and assumption of risk provisions in this agreement and I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily and intend, by checking this box that this document be a complete and unconditional release of liability to the greatest extent allowed by law. I further certify that I have fully read and understand the terms of this agreement and will comply with the contents herein.
I also acknowledge that I enter into this Agreement by and between #PROJECTATHLETE which will be providing services through its employees (hereinafter referred to as #PROJECTATHLETE. I have requested that #PROJECTATHLETE conduct my personal training sessions and membership at #PROJECTATHLETE located at #PROJECTATHLETE with said training session to be provided in consideration for a fee, and #PROJECTATHLETE agrees to provide said training sessions subject to my agreement to the following additional terms and conditions as follows:
1.1 I am aware that there are significant risks involved in all aspects of athletic activities and physical training. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, #PROJECTATHLETE or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. I am aware that any of these above-mentioned risks may result in serious injury or death to myself and or my partner(s).
1.2 I understand that the training at #PROJECTATHLETE 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 session. I understand that should I feel light-headed, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my trainer and/or #PROJECTATHLETE
1.3 I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while at, or under direction of #PROJECTATHLETE I am aware that this agreement is ongoing and will apply to all future occasions I participate in athletic activities and training of any description at #PROJECTATHLETE
1.4 I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others. I represent that I am not aware of any medical or physical condition that would prevent me from participating in the raining or from using equipment or facilities, which pose a serious health risk to me.
1.5 I understand that this is an unsupervised fitness club and assume all risks with using exercise equipment and exercising alone without the aide and presence of club staff on the premises.
1.6 I as a parent and/or guardian of a minor hereby agree to be fully responsible for any and all actions, damages, injuries, or loss to property or person, performed by the minor with or without supervision in the #PROJECTATHLETE. I further agree that any breach of #PROJECTATHLETE’s policies on the minors part may constitute to loss of minors and or my membership privileges.
2.1 In consideration of my participation in the training provided by #PROJECTATHLETE, I, for myself, my heirs, executors, administrators or assigns, do hereby release, waive, discharge and covenant not to sue #PROJECTATHLETE and/or its members, managers, officers, directors, agents, employees, and affiliated entities (Hereinafter referred to as “Releases”) from liability, from any and all claims, including any negligence of #PROJECTATHLETE resulting in death, personal injury, accident or illnesses and property loss arising from, but not limited to, participation in the training and use of facilities, premises or equipment wherever located and by whomever provided.
2.2 In further consideration for the right to use equipment provided by #PROJECTATHLETE or equipment at another location, I acknowledge and agree that #PROJECTATHLETE has not inspected the equipment at #PROJECTATHLETE or another Location or the suitability of the area for the training. I expressly release, hold harmless, discharge and indemnify (Including costs and solicitor fees including disbursements) #PROJECTATHLETE and Releases for any loss, injury or damage from any cause, including negligence arising out of any location, and/or arising out of the use of my equipment or equipment or facilities provided by #PROJECTATHLETE
3.1 Participants involved in any activities offered by #PROJECTATHLETE may be photographed or videotaped during training. I hereby consents to the use of these photographs and/or videos without compensation, on the #PROJECTATHLETE website, Facebook page or in any editorial, promotional or advertising material produced and/or published by #PROJECTATHLETE both online and/or in print. I acknowledge that such photographs/video may include (but not limited to) “before” and “after” photographs along with any statistics as to my weight loss and weight jour
4.1 I further expressly agree that the foregoing provisions in this Agreement are intended to be as broad and inclusive as permitted by the laws of the #PROJECTATHLETE Australia and if any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I further acknowledge and agree that this Agreement shall be governed by and shall be construed in accordance with the laws of #PROJECTATHLETE Australia.
5.1 I recognize that there are risks involved in the types of activities offered by #PROJECTATHLETE. Therefore, I accept financial responsibility for any injury that may be caused to me or to any other participant due to my negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur solicitors’ fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs.
5.2 I further agree to indemnify and hold not liable #PROJECTATHLETE their principals, agents, employees, trainers, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by #PROJECTATHLETE, at an #PROJECTATHLETE location or at another location in which an #PROJECTATHLETE activity is held. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to an #PROJECTATHLETE Location, and/or any areas selected for training by #PROJECTATHLETE
6.1 I hereby authorise any and all payments due to #PROJECTATHLETE by me. I, further authorise my credit card company or bank to make payment(s) to #PROJECTATHLETE by the method(s) indicated and to deduct such payment from my account. I understand that some payment periods may have less workouts (due to holidays / missed workouts) however the weekly fee will still be deducted. I understand if plan to have extended absence (minimum 1 week, maximum 6 weeks) my account may be frozen for length of absence free of charge. After this 6 week period I acknowledge there will be a $15 per week hold fee. I also understand that I am entitled to a 48 hour cooling off period at the commencement of my membership agreement free of charge if done so in writing.
6.2 If I do not attend my scheduled session and I do not notify by email to Khaysan@khaysankimberlin at least 48 hours prior, I authorise my credit card company or bank to make payment to #PROJECTATHLETE by the credit card indicated and to deduct such fee from my account.
6.3 #PROJECTATHLETE will keep your information about your nominated account at the financial institution private and confidential unless this information is required to investigate a claim made relating to an alleged wrongful debit, or as otherwise required by law.
6.4 I understand that there is a $10.00 late fee if my payment is received past the due date and/or any fee is associated with return payment or non payment of dues. I acknowledge that there will be a $30.00 fee if I do not return my key tag to the gym at the expiry of my contracted terms. I understand I can cancel after the initial term expiry date when I give 30 days notice in writing and deliver it to #PROJECTATHLETE during manned hours. I acknowledge the 30 days starts from my next billing date. I understand if I wish to terminate my membership contract early that there is a 50% payout fee of the remanding payable amount.
6.5 I acknowledge that i may cancel this agreement for medical reasons. I understand I must provide a doctors certificate that certifies that my use of #PROJECTATHLETE facilities and services would impair my health.
FOR BILLING QUESTIONS: please email Khaysan@khaysankimberlin.com
7.1 I understand that I must not bring in guests at any time without prior written consent of #PROJECTATHLETE.I understand that I must not allow anyone else to use my access tag and must alert #PROJECTATHLETE immediately if it is lost or stolen. I understand if these policies are violated #PROJECTATHLETE may charge me for the guest fee and cancel my membership. If my membership is cancelled for these reasons I understand that I will need to pay out 50% of my remaining contract from the date of cancellation.
7.2 I understand that if I do not have my membership tag that I will not enter #PROJECTATHLETE
7.3 I understand that is my responsibility to wipe down equipment and put away any equipment after use