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Waiver

Release of liability, waiver of claims, assumption of risk, consents and indemnities.

THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND IMPOSES LEGAL OBLIGATIONS.

TO: CrossFit CQ Pty Ltd (ABN 19 161 053 701) and its shareholders, directors, officers, employees, contractors, agents and volunteers and their respective representatives, successors and assigns (“CQ Fitness Co”).

In this agreement:

“Liability” means any liability (whether actual, contingent or prospective), loss, damage, cost or expense of any nature or description whatsoever irrespective of when the act, omission, event or thing giving rise to it occurred.
“Personal Injury” means all forms of physical, mental and emotional injury including, but not limited to, death, bodily injury (including, but not limited to, breaks, strains, lacerations, dislocations, exercised induced rhabdomyolysis, heart failure and concussion), disability, disease, sickness (including, but not limited to, heat illness and dehydration), trauma, shock, fright, mental anguish, anxiety and fears.
“Recreational Activities or Services” includes, but is not limited to, personal training, group training, fitness classes, individual or team competitions, use of facilities, use of equipment, weight lifting (including Olympic lifting), gymnastics, strength conditioning, metabolic conditioning, plyometrics, interval training, stretching, rowing, outdoor running, swimming and seminars and services organised and/or provided by CQ Fitness Co and/or independent contractors on the premises of CQ Fitness Co and/or elsewhere.

In consideration of CQ Fitness Co allowing me to participate in the Recreational Activities or Services and for other good and valuable consideration (the receipt and sufficiency of which is acknowledged), I hereby acknowledge and agree as follows:

Training programs / activities:

I hereby acknowledge that the Recreational Activities or Services are being undertaken and provided for the purposes of recreation, enjoyment and/or leisure.

I am aware that the Recreational Activities or Services are dangerous and that there are risks involved.

THE RECREATIONAL ACTIVITIES/SERVICES ARE DANGEROUS. THE RISKS ASSOCIATED WITH THE RECREATIONAL ACTIVITIES/ SERVICES ARE OBVIOUS. YOU MUST ACCEPT THESE RISKS IN ORDER TO PARTICIPATE.

The Recreational Activities or Services are inherently dangerous (e.g. lifting heavy objects overhead, running outside the facility and hanging from bars/rings) and it is not possible for CQ Fitness Co to make the Recreational Activities or Services completely safe. Injuries may occur as a result of your actions, those of other participants or otherwise.

I hereby acknowledge and agree that, while I attending the premises of CQ Fitness Co, or otherwise participating in Recreational Activities or Services (whether or not on the premises of CQ Fitness Co), I do so at my own risk and will not hold CQ Fitness Co liable for any loss, damage, cost, expense or Personal Injury I may suffer as a consequence (whether caused by any negligent act, breach of duty, default and/or omission on the part of CQ Fitness Co or otherwise).

To the fullest extent permitted by law, I hereby agree to waive any and all legal rights of action and/or claims that I have or may have in the future against CQ Fitness Co and agree to release CQ Fitness Co from any and all Liability for any loss, damage, cost, expense or Personal Injury that I may suffer as a consequence of my attendance at the premises of CQ Fitness Co. and/or participation in the Recreational Activities or Services due to any cause whatsoever (including negligence, breach of contract or breach of any statutory or other duty of care on the part of CQ Fitness Co).

YOU ARE RESPONSIBLE FOR YOUR ACTIONS

You are responsible for your concentration and attention during the Recreational Activities or Services (and for your preparation and recovery) and, while we will provide advice, you are ultimately responsible for the decision to scale workouts. You are not obligated to perform or participate in any activity.

I understand that should I feel faint, lightheaded, dizzy, or nauseated, or experience pain or discomfort, I should stop the activity and inform a trainer immediately.

I hereby acknowledge that at all times while participating in the Recreational Activities or Services I am responsible for my own actions and I have undertaken the Recreational Activities or Services freely, voluntarily and absolutely at my own risk and with a full appreciation of the nature and extent of the risks involved in the activity.

Personal Property:

I hereby agree to hold harmless and indemnify CQ Fitness Co from any and all Liability for any loss, damage or theft of any property belonging to, or brought onto the CQ Fitness Co premises by, me; or

Third Parties:

I hereby agree to hold harmless and indemnify CQ Fitness Co from any and all Liability arising as a consequence of damage to the property of, or Personal Injury to, any third party resulting from my participation in the Recreational Activities or Services.

Emergencies:

I hereby agree to hold harmless and indemnify CQ Fitness Co from any and all Liability arising as a consequence of CQ Fitness Co providing first aid and/or seeking emergency medical services for me.

I hereby consent to receive first aid from the nominated First Aid officer in the event of an accident, injury or illness during the Recreational Activities or Services and give permission to seek emergency medical services for me in those circumstances and agree that I am responsible for any expenses incurred.

Use of picture(s)/ film/ Likeness/ Emails:

I hereby agree to allow CQ Fitness Co to use picture(s), film and/or likeness of me for instructional and/or promotional purposes without payment of any kind and without any further notice or permission.

I hereby consent to receiving emails from CQ Fitness Co (including marketing emails and newsletters).

Miscellanious:

I hereby agree that this agreement shall be effective and binding on my heirs, next of kin, executors, administrators, successors, representatives, assigns and/or transferees in the event of my death or incapacity.

This agreement is governed by and must be construed in accordance with the law applying in the State of Queensland.

This agreement contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect. Any provision of this agreement which is unenforceable or partly enforceable is, where possible, to be severed to the extent necessary to make this document enforceable.

Some sections of this agreement are covered as green highlighted text (“highlighted Text”). The Highlighted Text is intended to provide some background to the section which follows and is not part of the agreement. If any Highlighted Text conflicts with the section which follows, the section of the agreement, and not the Highlighted Text, prevails.

WARNING: RHABDOMYOLYSIS

CrossFit is designed to be performed at high intensity. However, it is important that the level of intensity is increased gradually in order to allow muscle cells to adapt to the demands being placed on them. Failure to increase intensity gradually can result in a life threatening condition known as ‘Rhabdomyolysis’. Rhabdomyolysis is the rapid breakdown of muscle and the release of damaged muscle cells into the bloodstream. Some of these muscle cells are harmful to the kidney and may lead to acute kidney failure.

It is important that you work at a level of intensity that is appropriate for you.

If you suffer from brown urine, complete muscle weakness and/or swelling of the joints (symptoms of Rhabdomyolysis), you should seek medical assistance immediately.

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