Waiver

 

Waive of Liability, Indemnity Agreement, and Assumption of Risk Waiver: In consideration of permission to use, today and on all future dates the property, facilities, and services of ZeroSix Training PTY LTD. I, on behalf of myself, my heirs, personal representatives, or assigns, do hereby release, waive, discharge, and covenant not to sue, ZeroSix Training PTY LTD, and any location in which training is being held, from liability of any and all claims arising from the ordinary negligence of ZeroSix Training PTY LTD or any of the aforementioned parties. This agreement applies to 1) personal injury (including death) from accidents or illnesses arising from the participation in fitness activities including, but not limited to, organised activities, classes, observation, and individual use of facilities, premises, or equipment; and to 2) any and all claims resulting from the damage to, loss of, or theft of property.

Indemnification and Hold Harmless: I agree to HOLD HARMLESS AND INDEMNIFY ZeroSix Training PTY LTD from all claims resulting from negligence and to reimburse them for any expenses incurred by ZeroSix Training PTY LTD in investigating and defending a claim or suit if my claim is withdrawn, or to the extent a court or arbitration determines that ZeroSix Training PTY LTD is not responsible for the injury or loss.

Severability and Venue: The undersigned further expressly agrees that the foregoing waiver and assumption or risks agreement is intended to be as broad and inclusive as is permitted by law of Victoria and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Acknowledgment of Understanding: I have read this waiver of liability and indemnification agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement feely and voluntarily, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law in the State of Victoria.

Assumption of Risks: Physical activity, by its nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. CrossFit 1010 at 8 Progress Drive and ZeroSix Training PTY LTD have facilities for and provides for activities such as weight lifting, walking, jogging and running and aerobic activities. Some of these involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, and others involve sustained physical activity, which places stress on the cardiovascular system.

The specific risks vary from one activity to another, but in each activity the risks range from 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as loss of sight, joint or back injuries, concussions, and heart attacks to 3) catastrophic injuries including paralysis and death.

I have read the previous paragraphs and I know the nature of the activities with ZeroSix Training PTY LTD; I understand the demands of those activities relative to my physical condition and skill level, and I appreciate the types of injuries, which may occur as a result of activities made possible with CrossFit 1010 at 8 Progress Drive and ZeroSix Training PTY LTD. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.

Acknowledgment of Understanding: I have read this assumption of risk and fully understand its terms. I acknowledge that I am signing freely and voluntarily and intend my signature to signify a complete assumption of the inherent risks of participating or observing recreational activities at CrossFit 1010 at 8 Progress Drive and with ZeroSix Training PTY LTD to the greatest extent allowed by law in the State of Victoria.

 
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