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Mobile & In-Home Personal Training Participation Waiver & Release of Liability

Personal Trainer: Kimberly Leerentveld, ABN: 41551810074 (“the

Trainer”) Business Name: FlexiForce Fitness

This agreement is between the participant named below (or the participant’s parent/guardian on their behalf) and the Trainer. By signing this document, you agree to waive certain legal rights, including the right to sue. Please read it carefully.

1. Definitions

• “The Trainer” means the personal trainer named above.
• “The Released Parties” collectively refers to the Trainer and any business entity associated with the Trainer.
• “Training Location” means the premises designated by the client for the personal training session, typically the client’s home, a public park, or another mutually agreed-upon location that is not the Trainer's primary business premises.
• “Client’s Equipment” means any fitness or exercise equipment owned, provided, or controlled by the client.
• “Activity” or “Activities” means personal training, fitness instruction, exercise, and use of equipment provided by either the Trainer or the Client.

2. Participant Details

Full Name

Date of Birth

Over 18

Over 18

Address

Phone

Email

3. Health and Fitness Declaration

I declare that I am in good physical and mental health. I have fully disclosed to the Trainer in writing any and all pre-existing injuries, medical conditions, illnesses, or physical limitations that may affect my ability to safely participate in the Activities. I agree that it is my responsibility to:

• Obtain medical clearance from a doctor before beginning any exercise program.

• Continuously update the Trainer on any changes to my health or medical condition.

• Immediately stop the Activity and inform the Trainer if I feel unwell, experience pain, or have any safety concerns.

4. Client’s Responsibilities for the Training Location and Equipment

I acknowledge that the Trainer will be conducting sessions at a Training Location of my choosing. I therefore agree and warrant the following:

• Safe Environment: I am solely responsible for ensuring the Training Location is safe, clear of hazards, and suitable for physical activity. I agree to remove any potential dangers, including but not limited to trip hazards, unsecured objects, and interference from pets or other individuals, before each session begins.
• Client’s Equipment: If I choose to use my own equipment (“Client’s Equipment”), I warrant that it is in good working order and has been maintained appropriately. I voluntarily assume all risk of injury, illness, or death resulting from the use of Client’s Equipment and release the Trainer from any liability connected to its failure or malfunction.
• Assumption of Risk for Location: I voluntarily assume all risks associated with the condition of the Training Location. I acknowledge that the Trainer is not responsible for inspecting the Training Location for safety and is relying on my assurances that the location is safe.

5. Acknowledgement of Inherent Risks

I acknowledge and understand that participation in the Activities, regardless of location, involves inherent and significant risks of injury, illness, property damage, or death. These risks include, but are not limited to: muscle strains and sprains, falls, fractures, heart attack, and equipment failure

6. WARNING UNDER THE AUSTRALIAN CONSUMER LAW

Under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form, the Trainer, is required to ensure that the recreational services they supply to you are:
• rendered with due care and skill; and
• 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 139A of the Competition and Consumer Act 2010, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. By signing this form, you will be agreeing that your rights to sue the supplier under the Competition and Consumer Act 2010 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose.
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 section 139A of the Competition and Consumer Act 2010 and regulation 6 of the Competition and Consumer Regulations 2010.

7. Release, Waiver, and Indemnity

In consideration of being permitted to participate in the Activities, I voluntarily agree to the following:
• Release and Waiver: To the fullest extent permitted by law, I release, waive, and discharge the Released Parties from any and all claims, demands, liabilities, or causes of action arising from my death or personal injury in connection with my participation in the Activities, except where caused by the gross negligence of the Trainer.
• Indemnity: I agree to indemnify and hold harmless the Released Parties from any and all claims, liabilities, costs, and expenses (including legal fees) arising from:
o my actions, my breach of this agreement, or any damage to property caused by my negligence;
o the condition of the Training Location or the failure of any Client's Equipment; or
o any claim brought by a third party (such as a family member or visitor) who is injured at the Training Location during or as a result of the Activity.

8. General Provisions

• Governing Law: This agreement is governed by the laws of Queensland, Australia, and the parties submit to the exclusive jurisdiction of the courts of Queensland.
• Entire Agreement: This document constitutes the entire agreement between the parties and supersedes any prior discussions or agreements.

9. Acknowledgement and Voluntary Acceptance

By signing below, I confirm that:
• I am over 18 years of age.
• I have read this entire document carefully and I fully understand its terms.
• I have been given the opportunity to ask questions about this agreement and have had them answered to my satisfaction.
• I understand that I am waiving significant legal rights by signing this document.
• I am signing this document voluntarily and of my own free will.

By ticking this box, I confirm I have read, understood, and agree to all the terms in this waiver,

By ticking this box, I confirm I have read, understood, and agree to all the terms in this waiver,

Print Name

Participants Signature

Signature