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Personal Training & Gym Participation Waiver & Release of Liability

Location: 25 Weyba St, Sunshine Beach QLD 4567 (“the Premises”) 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 Premises” means the private residential gym facility located at the address above, including any surrounding property or area used in connection with training activities.

• “The Trainer” means the personal trainer named above.

• “The Released Parties” collectively refers to the Trainer, the owner/s of the Premises, and any business entity associated with the Trainer.

• “Activity” or “Activities” means personal training, fitness instruction, exercise, use of equipment, and presence on the Premises.

2. Participant Details

Full Name

Date of Birth

Over 18

I am over 18yo

I am under 18yo

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. Acknowledgement of Inherent Risks

I acknowledge and understand that participation in the Activities 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, equipment failure, and other accidents. I understand that the Premises is a private residential facility and may not have the same features as a commercial gym.

5. 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.

6. Release, Waiver, and Indemnity

In consideration of being permitted to participate in the Activities, I voluntarily agree to the following:

• Assumption of Risk: I knowingly and voluntarily assume full responsibility for all risks associated with my participation in the Activities and my presence at the Premises.

• 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 my actions, my breach of this agreement, or any damage to property or equipment caused by my negligence or wilful misconduct.

7. Conduct and Safety

• I agree to use the Premises and all equipment only under the direct supervision of the Trainer.

• I agree to follow all instructions and safety guidance from the Trainer at all times.

• I accept full financial responsibility for any damage to property or equipment caused by my failure to follow instructions, my negligence, or my intentional acts.

8. General Provisions

• Personal Property: The Released Parties are not responsible for any loss, theft, or damage to my personal property on the Premises.

• Surveillance: I consent to the use of video surveillance on the Premises for safety and security purposes.

• 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,

I Agree

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Participants Signature

Signature