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 online coaching, personal training, small group classes, competitions, fitness assessments, use of facilities supervised or unsupervised, observation of athletic activities, Olympic lifting, power-lifting, running, gymnastics, strength conditioning, metabolic conditioning, plyometric, stretching, sports, and programs, seminars/ workshops and services provided to the client by Bread & Butter Athletic. 

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:

Bread & Butter Athletic and representatives are not responsible for any death, injury, loss, or damage of any kind suffered by any person while using Bread & Butter Athletic facilities or following the Bread & Butter Athletic program. 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, equipment or online program of Bread & Butter Athletic 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, while jumping, hopping, skipping, running, walking, lifting, climbing, and impacting against the floor, walls, equipment, other clients, or any permanent or temporary fixtures or equipment;
c. Abrasion, entanglement, lacerations, bruising, dislocation, and other injuries resulting from activities on or near racks, weight bars, pull up bars, walls, medicine balls, plyo boxes, outdoor facilities or other fitness facilities. 
d. Injuries resulting from falling athletes or objects such as weights, dumbbells, bars, medicine balls 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, anchor. 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;
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 Bread & Butter Athletic;
h. That although Bread & Butter Athletic takes steps to reduce the risks and increase the safety of all athletic activities, it is not possible for Bread & Butter Athletic to make these athletic activities completely safe, particularly if following the program online;
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 Bread & Butter Athletic while supervised or unsupervised, and that I will follow the instructions and directions of Bread & Butter Athletic during athletic activities;
k. That I will inform Bread & Butter Athletic immediately should I feel any pain, discomfort, fatigue, nausea or other symptoms that I may suffer during and immediately after athletic activities or that I will update my medical information and inform Bread & Butter of changes to my health if following the online program;

l. That I may stop participating at any time and that I may be directed to stop by Bread & Butter Athletic should I display noticeable signs of distress;
m. That I consent to receive first aid and medical treatment by Bread & Butter Athletic in the event of an accident, injury or illness during athletic activity;
n. That Bread & Butter Athletic may videotape, audiotape, or photograph or share posts on social media of 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 Bread & Butter Athletic 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, employees or representatives (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 athletic activities, 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 or online program;
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 or online program;
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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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 Bread & Butter Athletic 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 Bread & Butter Athletic.

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