Fortify Gym Liability Waiver

I, the person identified above as the Releasor, represent that I am at least 18 years of age and that I am voluntarily seeking to use the facilities and the equipment of Fortify Gym located at 16 Beach Street, Forster, NSW, 2428 Australia (the Gym). I acknowledge and understand that the use of the Gym may be dangerous and may expose me to a variety of known and unanticipated risks. Released Parties: Fortify Gym Pty Ltd (ACN 641 185 284), and the Rinaldi Family Trust, subsidiaries, successors in interest, assigns, or any related or affiliated entities, and the employees, officers, directors, agents, personal trainers engaged by me, trainers using the Gym or conducting classes at the Gym and representatives of the parties named above are collectively the “Released Parties” for the purposes of this document. My Warranty: I warrant to the Released Parties on a continuing basis that: (a) I have made an assessment about the suitability of the Gym for the purposes for which I wish to use it, and have: i. consulted a suitably qualified medical practitioner before undertaking any activity in connection with the Gym; or ii. chosen not to consult a medical practitioner, before undertaking that activity despite this express recommendation by the Released Parties that all users of the Gym should obtain medical advice relevant to that use. (b) I am physically able to participate in any classes/fitness program or use any of the Gym facilities in, and have not been advised otherwise by my medical practitioner; and (c) I have no pre-existing medical condition that would otherwise prevent me from using the Gym, its facilities and/or participating in any classes/fitness program. Abilities to use the Gym: I agree that I must not be under the influence of alcohol, drugs, or anything that could impair my faculties and/or judgment while using the Gym. I will not use the Gym if I have a physical or mental condition that may be aggravated by that use. Acknowledgement of Risk: I acknowledge and agree that my use of the Gym, its facilities and my participation in classes, activities and programs conducted at the Gym by personal trainers may involve: (a) strenuous activity and special risks; (b) risk of personal injury or illness; (c) risk of economic/property loss and damage; (d) risks that are not known to me, the Released Parties or to the Gym, or may not be foreseen or reasonably foreseeable at this time or at the time of using the Gym, its facilities or participating in the class/fitness program. Assumption of Risk: In consideration of being given access to the Gym, its equipment and facilities, I assume the foregoing risks including the risk of: (a) any and all damages, accidents and personal injury that I may suffer while using the Gym, its equipment and its facilities, whether identified in this waiver or not, even if caused, in whole or in part by the negligence or misconduct of the Released Parties; and (b) any negligence by the Released Parties, the Gym and its respective owners, directors, officers, employees or agents, and accept personal responsibility for any injury (including but not limited to personal injury and disability), illness, damage, loss, claim, liability or expense of any kind or nature, that you may suffer arising out of or in connection with the use of the Gym, its equipment or its facilities or participation in classes/fitness programs by me, or any minor/person under your supervision, care or control. Waiver and release of liability: In further consideration of the use of the Gym, I, on behalf of myself, my spouse, heirs, assigns, successors, beneficiaries, executors and all other legal and/or personal representatives or any other person claiming through me, agree to waive, release and hold harmless the Released Parties from all actions, claims, demands, damages, losses, costs, expenses, compensation and payments of every kind arising from or in connection with the use of the Gym, its equipment, its facilities or the conduct of the Released Parties, or my own conduct, whether or not due to my own negligence, acts, or omissions, or the negligence, acts or omissions of other third parties, or the Released Parties, for any and all personal injuries, death, disabilities, damages, or intangible or consequential damages. Indemnification: I further agree to indemnify, defend and hold harmless the Released Parties against any and all claims, demands, actions, causes of action, liability, losses, damages, costs, expenses and reasonable legal fees, that the Released Parties may incur or suffer, directly or indirectly, arising out of or in any way related to my conduct and/or my use of the Gym. No Representations or Warranties by Released Parties: I acknowledge that no representation or warranty of any kind has been made to me about the condition of any Gym facilities or equipment. I agree that the Released Parties will not be liable for any negligence pertaining to the condition of the Gym facilities and/or equipment. I, the Releasor, by my signature at the beginning of this document, declare that I have read and understood this Agreement to indemnify - Waiver and Release of Liability. I declare that I have not been influenced to any extent whatever in making this release by any representations or statements about the Gym or any other matters made by the Released Parties and understand that I am giving up substantial rights by signing it and do so voluntarily.