Waiver and Release of Liability

Release of Liability, Waiver of Claims, Assumption of Risk, Indemnity Agreement, and Jurisdiction Agreement BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

Participants Name: the undersigned

TO:
Owners, coaches, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (herein after referred to as “DDW Fitness”).

DEFINITIONS:
In this agreement:
a) The term “ATHLETIC ACTIVITY” OR “ATHLETIC ACTIVITIES” includes but is not limited to personal training, fitness classes, team or individual competitions, fitness assessments, use of facilities supervised or unsurpervised, observation of athletic activities, Olympic lifting, power-lifting, strongman training or competitions, gymnastics, strength conditioning, metabolic conditioning, swimming in the ocean or pool, plyometric, interval training, bodyweight conditioning, rope climbing, macro climbing, stretching, outdoor running on trails or sidewalks, sports, and programs, clinics, seminars, and services provided to the athlete by DDW Fitness.
b) The term “INJURY” shall refer to all forms of physical, mental, and emotional injury in any way related to athletic activity and transportation activities including, but not limited to: death, breaks, strains, lacerations, dislocations, exercise induced rhabdomyolisis, heart failure, concussion, frostbite, hypothermia, heat illness, dehydration, trauma, anxiety, and fears.

DISCLAIMER:

DDW Fitness, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns are not responsible for any death, injury, loss, or damage of any kind suffered by any person while using DDW Fitness facilities, participating in or watching DDW Fitness activities, caused in any manner whatsoever including, but not limited to, the negligence of DDW Fitness. I am aware that athletic activities have inherent dangers and risks including but not limited to the potential for serious personal injury or death caused by any athletic activities or any condition of the facilities or equipment of DDW Fitness, some of which include:
a. Transient light-headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain, discomfort, fatigue, nausea, heart failure, exercise induced rhabdomyolisis, and so forth;
b. All manner of injury resulting from slipping or falling, either roped or unroped, while jumping, skipping, running, walking, lifting, climbing, and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment;
c. Abrasion, entanglement, lacerations, bruising, dislocation, and other injuries resulting from activities on or near stands, racks, weight bars, pull up bars, walls, ropes, cargo nets, medicine balls, and plyo boxes;
d. Injuries resulting from falling athletes or objects such as weights, dumbbells, bars, medicine balls, ropes, and so forth or by any objects dropped by other persons conducting athletic activities or assisting others;
e. Failure of the equipment, racks, stands, bars, attachments, anchors, ropes, harnesses; And, I do hereby further acknowledge and agree;
f. That the athletic activities I am participating in requires a moderate to high degree of effort, are designed to be high intensity, and are intended to maximally challenge my cardiovascular endurance, stamina, strength, flexibility, speed, power, coordination, agility, balance, and accuracy;
g. That I will honestly represent my level of fitness, health, nutrition, use of medication, medical history, and current physical, mental, and medical condition to DDW Fitness;
h. That although DDW Fitness takes steps to reduce the risks and increase the safety of all athletic activities, it is not possible for DDW Fitness to make these athletic activities completely safe;
i. That I am personally responsible for my preparation prior to athletic activities, my concentration and attention during these athletic activities, and for my post activity rest and recovery;
j. That I will learn and obey the rules and regulations of DDW Fitness while supervised or unsupervised, and that I will follow the instructions and directions of DDW Fitness owners during athletic activities;
k. That I will inform DDW Fitness trainers immediately should I feel any pain, discomfort, fatigue, nausea or other symptoms that I may suffer during and immediately after athletic activities;
l. That I may stop participating at any time and that I may be directed to stop by the gym should I display noticeable signs of distress;
m. That I consent to receive first aid and medical treatment by DDW Fitness in the event of an accident, injury or illness during athletic activity;
n. That DDW Fitness may videotape, audiotape, or photograph you for instructional and promotional purposes without payment of any kind to you and without further notice to you or permission from you.

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RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, INDEMNITY AGREEMENT AND JURISDICTION AGREEMENT

In consideration of DDW Fitness allowing me to participate in Athletic Activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against their owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (all of whom are herein after referred to as the “RELEASEES”) and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in climbing and transportation activity, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ATHLETIC ACTIVITIES;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Athletic Activities;
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any costs they may incur for medical costs, emergency transportation, and litigation resulting from my participation in Athletic Activities;
4. That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
5. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of NSW Australia and no other jurisdiction; and
6. Any litigation involving the parties to this Agreement shall be brought solely within NSW and shall be within the exclusive jurisdiction of the Courts of NSW.

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COVID-19

COVID-19 Release: I understand that when attending DDW Fitness for training, there is a potential risk of contracting Covid-19. COVID-19 affects different people in different ways. Most infected people will develop mild to moderate illness and recover without hospitalisation. Some people will experience more severe symptoms. The most common symptoms are fever, dry cough, and tiredness. Less common symptoms are aches and pains, sore throat, diarrhoea, conjunctivitis, headache, loss of taste or smell, a rash on skin, or discolouration of fingers or toes. More serious symptoms are difficulty breathing or shortness of breath, chest pain or pressure, loss of speech or movement. Seek immediate medical attention if you have serious symptoms.

I, the undersigned, agree to monitor myself for any potential symptoms of Covid-19, in a manner that is proportionate to the potential injury that can be occasioned by this condition. I hereby agree and do willingly assume responsibility for any risks that I expose myself to and accept full responsibility for any injury or death that may result from attending DDW Fitness and being exposed to other people who could potentially have Covid-19; vaccinated or unvaccinated. I for myself and on behalf of my heirs, assigns, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE and/or their officers, directors, representatives, partners, officials, principals, agents or employees, subsidiaries, or assigns, as well as their independent contractors.

I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.

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In entering into this Agreement I am not relying on any oral or written representations or statements made by DDW Fitness with respect to the safety of athletic activities other than what is set forth in this Agreement.

I CONFIRM THAT I AM THE FULL AGE OF EIGHTEEN (18) YEARS AND I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST DDW Fitness.

Privacy and protection of information: WE WILL NOT SELL OR RELEASE YOUR PERSONAL INFORMATION. 

This agreement must be completed in full, initialled where indicated, dated, signed and witnessed prior to participating in any athletic activities.

the undersigned