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.
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.
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 on the signs placed around the Gym.
We are aware of all area's in the Gym where the panic buttons are installed, and how to activate these alarms(s) if we are in an emergency.
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 scan their access membership fob 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 a client/member does not check to make sure the gate and the wooden door of the Gym is locked securely after entry and exiting. This will take 5secs of your time to check the door & gate for the safety of you and the community.
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 scanning in, using a towel on the equipment while training, putting weights away after use, sanitising equipment while training, working in harmony with others)
MEMBERSHIP ACCESS FOB
all members are required to purchase their access membership fob for us to continue to be inline with the requirements from our insurance company. This is a non refundable deposit of $50. We have chosen to opt for a lower cost to your fob fee rather than the standard $89 per fob, which all commercial gyms charge.
if the fob is becomes lost/damaged, the cost of a replacement fob is $50.
if the member arrives at the Gym and forgets to bring their membership fob, Staff reserve the right to charge the member the cost of a replacement fob to enter the premises. If you do not want to be charged this fee, we highly suggest that you do not forget your access fob.
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 membership key fob is not working it could be a few issues - your membership has expired or you've been locked out for being a dickhead.
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.
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.
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.