ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY FOR
POWERHOUSE FITNESS GYM PTY LTD.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious. Powerhouse Fitness Gym has put in place preventative measures to reduce the spread of COVID-19; however, Powerhouse Fitness Gym cannot guarantee that you will not become infected with COVID-19. Further, participation could increase your risk of contracting COVID- 19 or other infectious diseases.
READ CAREFULLY BEFORE SIGNING THE WAIVER
By signing this agreement, I acknowledge the contagious nature of COVID-19 and other infectious diseases and voluntarily assume the risk that I may be exposed to or infected by COVID-19 or other 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 COVID-19 or other 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 a COVID-19 infection or other infectious disease occurs before, during, or after participation at Powerhouse Gym.
I, including anyone that is under the age of 18, acknowledge that my Guardian (person signing for me) gives permission and represent that I have adequate insurance to cover any injury or illness I may suffer or cause while participating in this activity, or else I agree 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.
I acknowledge that we need to respect the Powerhouse Gym’s Culture/rules and the equipment at the business. I acknowledge that if I steal any powerhouse property/equipment, it leads to an immediate ban and possible prosecution.
I acknowledge that upon the second warning about not putting weights away, may result in being asked to leave the premises and refused entrance.
I acknowledge that aggressive, irritating and intimidation behaviour on our behalf towards members/staff/management will not ever be tolerated, This includes behaviour such as making another male/female feeling awkward, uncomfortable or provoking anger.
I acknowledge that I must use a towel at all times when I train on the equipment. I will apply all covid hygiene requirements that the Powerhouse applies during government restrictions too.
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 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.
I agree that I will practice safe social distancing and clean hygiene during my participation at Powerhouse Gym.