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ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY FOR POWERHOUSE FITNESS GYM PTY LTD.

  

READ CAREFULLY BEFORE SIGNING THE WAIVER

By signing this agreement, I acknowledge Powerhouse Gym cannot guarantee that I will not become infected with any infectious diseases and voluntarily assume the risk that I may be exposed to or infected by any infectious diseases by participation; and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by any infectious diseases at Powerhouse Gym may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Powerhouse Gym’s employees, volunteers, and program participants and their families.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my participation at Powerhouse Gym. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Powerhouse Gym, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Powerhouse Gym, its employees, agents, and representatives, whether an infectious disease occurs before, during, or after participation at Powerhouse Gym. 

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UNDER 18 VISITORS/MEMBERS

If I am U18, my Guardian gives permission and acknowledges I have adequate insurance to cover any injury or illness I may suffer or cause while participating in this activity, or else, agrees to bear the costs of such injury or illness myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition. In the event that I file a lawsuit, I agree to do so in the state where Powerhouse Gym is located, and I further agree that the substantive law of that state shall apply. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

The Guardians of the U18's agree to accompany and give guidance to their child(ren) each gym session attended on the premises. A child would be classified as inexperienced with Gym exercises under the age of 16years old. The child(ren) can only train on their own, when Management/Members voice their agreement that the child(ren) has shown them that they can safely train solo. A firm reminder to Parents, Powerhouse Gym is not a creche or a minding service, and if the child(ren) create a mess, they are responsible for cleaning up their mess.

 

MEMBERS/VISITORS

  • I/we acknowledge that we need to respect and comply with Powerhouse Gym’s requirements and culture.  

  • I/we acknowledge upon the second warning about not putting weights away, may result in being asked to leave the premises and refused entrance.

  • I/we acknowledge that a towel must be used on the equipment all times while being on the equipment. We will apply all hygiene requirements needed as stated by Powerhouse Gym. 

  • I/we acknowledge aggressive, irritating and intimidating behaviour towards members/staff/management will not ever be tolerated, This includes behaviour such as making another male/female feeling awkward, uncomfortable or provoking anger. Management reserves the right to refuse entry and refuse service.

  • We acknowledge and give permission to be filmed by the multiple camera's located around the Gym, and are aware that a 24/7 security company monitors these cameras too. Theft or damage of Powerhouse's property will lead to an immediate ban and possible prosecution.

  • We are aware of the unstaffed hours at Powerhouse from Monday to Sunday as stated in on the booking links and understand that non visitors are not permitted in the premisses during unstaffed hours, unless management has given permission. 

  • We are aware of the placement of the duress buttons are in the Gym and how to activate these alarms(s) if in an emergency. 

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MEMBERSHIP ACCESS FEE

  • all members are charged a once off $50 non refundable access fee. 

  • If the member arrives at the Gym and forgets to remember their membership code, the member is responsible for contacting Management or can press the bell.

  • a tailgating fee of $50pp will occur to the member allowing another member or visitor into the premises. (trust me, we will notice) If members allow visitors into the Gym in unstaffed hours, this will be an immediate ban.

  • If your access code is not working it could be a few issues - your membership has expired, you have defaulted in your direct debit contract or Management refuses you entry.

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PENALTY FEES APPLIED AT THE HOUSE

Management reserves the right to apply a $50pp fine with possible immediate termination of membership and permission to enter the premises of Powerhouse Gym if the following occurs:

  • If the client/member does not enter their access membership details upon entering the premises.

  • If a client/member presses the green access button, to allow a non-member access into the Gym without the consent of Management/Staff. 

  • If the client/member allows another non member in to the premises during unstaffed hours.

  • If a client/member does not check to make sure the gate and the wooden door of the Gym is locked securely after entering and exiting the premises. It takes less than 5secs of your time to check the door & gate for the safety of you and the community and our business.

  • If the client/member shows repeatedly that they are not willing to comply with the Powerhouse Gym culture or rules as stated in your introductory email (correctly checking, using a towel on the equipment while training, putting weights away after use, sanitising equipment while training, working in harmony with others)

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MEDIA/PHOTOSHOOTS/FILMING

  • I have asked permission to film/photograph at the business premises.

  • I understand that while filming, members/visitors of Powerhouse Gym may voice that they do not want to be filmed in the video and I will make sure that they are not added in any of the clips. 

  • I agree to work in harmony with all other members and comply with Powerhouse Gym's culture. (sanitising gym equipment after use, putting all equipment away after use)

  • Our casual visitors fee/day fee applies to those who are using/entering our premises (unless waived by management) 

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By signing this document, I agree that if I am exposed or infected by COVID-19 or other infectious disease during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.

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I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain.

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I have read and understood this document/waiver and I agree to be bound by its terms. 

If I have signed a separate general waiver of liability connected to my participation at Powerhouse Gym, I agree that the terms of that waiver are wholly incorporated into this document and that the terms of this document are incorporated into the separate general waiver.

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