THIS IS A LEGALLY BINDING WAIVER, RELEASE AND INDEMNIFICATION. PLEASE READ IT CAREFULLY BEFORE CONFIRMING YOU AGREE IN YOUR BOOKING.
In considering for my use of Fitness Cartel Mackay Wellness facilities, I hereby stipulate and agree as follows: I realise and accept the risks of cardiovascular exercise, weight lifting, weight training and/or body building, and I am fully aware of the possibility of mechanical and/or other malfunctions of cardiovascular equipment, weight machines, and/or apparatus (“equipment”) due to the negligence of Fitness Cartel Mackay Wellness or otherwise, as well as the possibility of injury to me as a result of my or others’ use of such cardiovascular equipment, weight machines, and/or weight machines and apparatus. I fully understand and accept the serious consequences which might result due to my involvement in cardiovascular exercise and weight training and/or body building while at Fitness Cartel Mackay Wellness premises. Based on that understanding, I voluntarily assume any and all risk of, and hereby fully, unconditionally and forever release Fitness Cartel Mackay Wellness, its franchiser/licensor, and all of Fitness Cartel Mackay Wellness employees, owners, shareholders, directors, agents, independent contractors and affiliates from any loss, damage, injury or claims of any kind whatsoever that relate to my or others’ use of any and all of the equipment and facilities of Fitness Cartel Mackay Wellness.
I represent and warrant that I am in physically sound condition and I have no disability or impairment that would prevent me from engaging in active or passive exercise that would be detrimental to my health, safety or physical condition. I am in good health and have no physical conditions that would be aggravated by my involvement in cardiovascular exercise, weight lifting, weight training and/or body building, nor do I have any physical limitations that would procure such involvement. I have medical approval to proceed with a normal routine of exercise, and all exercises shall be undertaken by me at my sole risk. I understand and agree that Fitness Cartel Mackay Wellness is not responsible for evaluating my physical condition and will not undertake to do so.
I understand that Fitness Cartel Mackay Wellness will not provide or pay for medical and/or hospitalisation care or insurance for my benefit in the event of any injury to me occurring as a result of my being on any portion of the premises of Fitness Cartel Mackay Wellness.
I will abide by the Fitness Cartel Mackay Wellness Rules and Regulations, as they may be changed or updated from time to time in Fitness Cartel Mackay Wellness sole discretion. I will comply with all Rules and Regulations regarding my guests, and I will cause my guests to comply with all Rules and Regulations at any time, Fitness Cartel Mackay Wellness shall have the right, in its sole and absolute discretion at any time, to cancel my membership/visit, and in such event I will not be entitled to a refund for any prepaid membership fees that would have been accrued for the rest of the term.
In attending Fitness Cartel Mackay Wellness and using its facilities and equipment, I agree that I am doing so at my own risk. I understand that it is not Fitness Cartel Health Clubs’ responsibility to supervise my or others’ use of the equipment or facilities or conduct within or around the premises, and I understand and agree that Fitness Cartel Mackay Wellness shall not be liable or responsible for any personal injuries (including death) or property loss, theft or damage I sustain on or around the premises of Fitness Cartel Mackay Wellness, whether or not Fitness Cartel Mackay Wellness is alleged to be negligent.
I hereby assume all responsibility for any personal injuries (including death), property loss, or property damage that I may suffer, or that I or any of my guests cause others to suffer, in connection with my, or my guest’s, use of the equipment or facilities of Fitness Cartel Mackay Wellness or my presence within or around the premises of Fitness Cartel Mackay Wellness. With Full knowledge of the consequences, i.e., that I am waiving my right to sue, I voluntarily and expressly waive and agree to unconditionally, fully and forever release Fitness Cartel Mackay Wellness and all of its employees, owners, shareholders, directors, agents, independent contractors, affiliates, successors and assigns, and its franchiser/licensor, from all liability or claims for, or relating to, any personal injury (including death), property loss, theft or property damage, tortious acts or omissions, unlawful acts or omissions, or other claims of whatever nature sustained or asserted by me in connection with my, or others’ use of Fitness Cartel Mackay Wellness equipment or facilities or my or others’ presence or conduct on or around the premises of Fitness Cartel Mackay Wellness, and not withstanding the negligence or alleged negligence of Fitness Cartel Mackay Wellness. This release and waiver will survive my termination of membership.
I also assume full responsibility for, and agree to indemnify, defend and hold harmless Fitness Cartel Mackay Wellness Spa and all of its employees, owners, shareholders, directors, agents, independent contractors, affiliates, successors and assigns, and its franchiser/licensor (collectively, “Fitness Cartel Mackay Wellness”), against any claims, damages, liability or expenses (including reasonable legal fees) for, any personal injury (including death), property loss, theft or damage, tortious acts or omissions, or other claims of whatever nature asserted by any other person or entity against Fitness Cartel Mackay Wellness in connection with my, or my guest’, use of the Fitness Cartel Mackay Wellness equipment or facilities or my, or my guests’, presence or conduct on or around the premises of Fitness Cartel Mackay Wellness, and notwithstanding the negligence or alleged negligence of Fitness Cartel Mackay Wellness. This indemnification will survive the termination of my membership.
I acknowledge and intend that this release and waiver of rights shall be affective not only on the date hereof, but also on all occasions subsequent hereto.
I UNDERSTAND THAT THESE PROVISIONS CONTAIN A COMPLETE AND UNCONDITIONAL WAIVER AND DISCLAIMER IN FAVOUR OF FITNESS CARTEL. I understand that by signing below, I am waiving my right to sue Fitness Cartel Mackay Wellness (as defined above) if I suffer any injury, losses or damages of any nature whatsoever. I also understand that, by signing below, I am agreeing to indemnify Fitness Cartel Mackay Wellness and I am taking full responsibility for any claims or damages that may be made against Fitness Cartel by any other person as the result of my, or my guests’, acts or omissions within or around the premises of Fitness Cartel Mackay Wellness. This waiver, release and indemnification will survive the termination of my membership.
I acknowledge that, at times, the facility Fitness Cartel Mackay Wellness Spa may be unsupervised and I accept full responsibility my own actions during these times.