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Risk Acknowledgment and Waiver

Risk Acknowledgment and Waiver

1. I wish to participate in the following offered by Emily Weir (ABN 43 179 691 789) trading as ‘Frederick Lane’ (“Frederick Lane”).

2. Sauna and Cold Water Activities

2.1. I hereby acknowledge and agree:

2.1.1. that Frederick Lane as the sauna owner does not make any representations or warranties regarding the sauna’s suitability for my specific needs or fitness level; 

2.1.2. that there are inherent risks, including but not limited to dehydration, drowning and over-heating associated with participating in the activities and there is a possibility of injury or death resulting from such participation;

2.1.3. that whilst Frederick Lane will make every reasonable effort to minimise risk, not all dangers associated with the activities, including the specified risks, can be eliminated;

2.1.4. that these terms and conditions constitute a risk warning;

2.1.5. that sauna use can lead to significant fluid loss through sweating;

2.1.6. proper hydration is essential to prevent dehydration and

potential health risks; 

2.1.7. to consume an adequate amount of water before, during, and after my sauna session and I acknowledge that I should consume an adequate amount of water before entering the sauna and continue to hydrate by drinking water or electrolyte replenishing beverages during and after the session;

2.1.8. that I will listen to my body's signals and exit the sauna if I experience dizziness, nausea, weakness, or any other signs of dehydration;

2.1.9. that all individuals using the sauna assume full responsibility for any associated risks, including bodily harm and potential fatality;

2.1.10. that all persons using the contrast therapy (e.g. cold shower) do so at their own risk and it is my responsibility to ensure that I am able to withstand exposure to cold temperatures;

2.1.11. that the entry space to the sauna can be used to store personal belongings during my sauna session but if I store my personal belongings, I do so at my own risk;

2.1.12. that Frederick Lane accepts no responsibility or liability for missing, lost, damaged or stolen possessions;

1.1.13. that alcohol, smoking and illicit drug use are strictly prohibited in the sauna and on the property;

2.1.14. that I must not consume alcohol before or whilst using the sauna; 

2.1.15. that I am not under the influence of or affected by any alcohol or illicit drugs prior to undertaking the activities;

2.1.16. that I must comply with any directions, policies or requirements of Frederick Lane, its employees, agents and contractors in relation to the activities; 

2.1.17. that by accepting these terms and conditions:

i. I understand and acknowledge that the activities are a recreational activity that involve the specified risks; and 

ii. I understand that agreeing to these terms is deemed a voluntary assumption of the risks;

2.1.18. I agree that, to the extent permitted by law, Frederick Lane excludes all liability for any harm that I suffer (including but not limited to personal injury or death, damage to property and economic loss and whether direct, indirect, special or consequential) resulting from any breach of duty in connection with my participation in the activities, regardless of whether the claim is brought in tort (including in negligence), in contract, under statute or otherwise; and

2.1.19. I have read and understand the terms and conditions and I have legal capacity.

2.2. The terms and conditions are governed by the laws of the State of Tasmania. 

2.3. Frederick Lane will manage all personal information collected through the terms and conditions and through the Sauna in accordance with the Privacy Act 1988 (Cth). 

2.4. By capturing images or videos within our premises, you grant Frederick Lane the right to use such media. You agree that Frederick Lane may use, repost, or share any photographs or videos that you capture and post on social media platforms, provided that you tag us in these posts. Such use by Frederick Lane will be for marketing, promotional, and other business-related purposes, without any compensation to you. Please ensure that any photographs or videos shared or posted respect the privacy of others and adhere to the respective social media platform’s policies.

2.5. Frederick Lane reserves the right to restrict or cease provision of the activities without prior notice for any breach of these terms, at its sole discretion. 

2.6. I hereby acknowledge and agree that the use of the sauna at Frederick Lane involves certain risks, including those set out above. I have read and understood the guidelines regarding sauna usage, and I agree to adhere to them during my use of the facilities provided by Frederick Lane. 

If you have pre-existing medical conditions, underlying health issues (including but not limited to low or high blood pressure, cardiac problems), the use of prescription medications, or if you are pregnant, it is imperative to seek guidance from a medical practitioner before using the sauna and cold-water facilities. If any uncertainty exists, it is strongly advised not to utilise the sauna facilities.

I acknowledge and warrant:

  • that I am above the age of 18 and will undertake the activities at my own risk with full appreciation of the nature and extent of all risks. 
  • that I am above the age of 18 and will be accompanying a person under the age of 18 (“minor”) and I further acknowledge and agree:
  • a) that I will supervise the minor while undertaking the activities with full appreciation of the nature and extent of all risks;
  • b) that it is my responsibility to supervise the minor and ensure that they are engaging in proper sauna behaviour and safety practices; and
  • c) that minors can only withstand shorter sauna sessions compared to adults. We advise limiting sauna rounds to a maximum of two per session, with each round lasting approximately 3 minutes (suggested time). The supervising adult/s must ensure the minors do not to exceed the suggested time for sauna use, as overexposure may lead to dehydration, shock, death or other health risks and consequences. 

2.7. that I have read and agree to the terms above.

3. Gym Equipment and Workout Activities

3.1. I hereby acknowledge and agree:

3.1.1. that Frederick Lane as the equipment owner does not make any representations or warranties regarding the equipment’s suitability for my specific needs or fitness level;

3.1.2. that the workout instructions provided by Frederick Lane are only suggestions and I should use discretion when undertaking the activities as Frederick Lane does not make any representations or warranties regarding the workout instructions suitability for my specific needs or fitness level;

3.1.3. that the risks and dangers associated with the strenuous exercise that forms part of the content and services, which include, but are not limited to serious bodily injury, including broken bones, soft tissue injuries, joint injuries, permanent disability, death or other damage or injury;

3.1.4. that I assume all such risks and responsibility for damages, liabilities, losses or expenses which I may incur as a result of my participation. These injuries may occur from:

i. slipping on wet flooring;  

ii. being struck by weights;

iii. colliding with equipment, or other patrons;

iv. engaging in strenuous exercise and activities; or 

v. incorrect use of equipment; 

3.1.5. that any such injury may result not only from my actions but from the action, omission or negligence of others;

3.1.6. that the above-mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death;

3.1.7. that whilst every attempt is made to ensure that the recreational services and facilities provided by Frederick Lane are safe, there are some significant and inherent risks involved, and I agree that I am participating voluntarily at my own risk and responsibility, thereby exposing myself to certain risks;  

3.1.8. that when I sign this agreement and each time I use the gym equipment provided by Frederick Lane, I must ensure that I am in good physical condition and know of no medical or other reason why I should not exercise;

3.1.9. that I must not use the equipment if I am suffering from any illness, disease, injury, or other condition that could be a risk to my health or safety, or that of other patrons;

3.1.10. that I must not use the gym whilst under the influence of alcohol, narcotics, tranquilizers or any medication or other substance which may affect my ability to exercise safely. Smoking, eating and drinking (except water or energy drink) is prohibited in the Gym at all times;

3.1.11. that these terms and conditions constitute a risk warning;

3.1.12. that the entry space to the gym can be used to store personal belongings while I use the gym but if I store my personal belongings, I do so at my own risk;

3.1.13. that Frederick Lane accepts no responsibility or liability for missing, lost, damaged or stolen possessions;

3.1.14. that alcohol, smoking and illicit drug use are strictly prohibited in the gym and on the property;

3.1.15. that I must not consume alcohol before or whilst using the gym; 

3.1.16. that I am not under the influence of or affected by any alcohol or illicit drugs prior to undertaking the activities;

3.1.17. that I will wash or sanitise my hands thoroughly on entering the gym and regularly while in the gym. I will wipe down kit once I have used it with the cleaning products provided. Cleaning stations and wipes are available in the gym for me to use;

3.1.18. I will handle the equipment in the Gym with care. I understand that I am responsible for any damages to the facilities or equipment outside of ‘fair wear & tear’;

3.1.19. that I must comply with any directions, policies or requirements of Frederick Lane, its employees, agents and contractors in

relation to the activities; 

3.1.20. that by accepting these terms and conditions:

i. I understand and acknowledge that the activities are a recreational activity that involve the specified risks; and

ii. I understand that agreeing to these terms is deemed a voluntary assumption of the risks;

3.1.21. I agree that, to the extent permitted by law, Frederick Lane excludes all liability for any harm that I suffer (including but not limited to personal injury or death, damage to property and economic loss and whether direct, indirect, special or consequential) resulting from any breach of duty in connection with my participation in the activities, regardless of whether the claim is brought in tort (including in negligence), in contract, under statute or otherwise; and

3.1.22. I have read and understand the terms and conditions and I have legal capacity.

3.2. The terms and conditions are governed by the laws of the State of Tasmania. 

3.3. Frederick Lane will manage all personal information collected through the terms and conditions and through the booking systems and data collection (i.e. this waiver) in accordance with the Privacy Act 1988 (Cth). 

3.4. By capturing images or videos within our premises, you grant Frederick Lane the right to use such media. You agree that Frederick Lane may use, repost, or share any photographs or videos that you capture and post on social media platforms, provided that you tag us in these posts. Such use by Frederick Lane will be for marketing, promotional, and other business-related purposes, without any compensation to you. Please ensure that any photographs or videos shared or posted respect the privacy of others and adhere to the respective social media platform’s policies.

3.5. Frederick Lane reserves the right to restrict or cease provision of the activities without prior notice for any breach of these terms, at its sole discretion. 

3.6. I hereby acknowledge and agree that the use of the gym at Frederick Lane involves certain risks, including those set out above. I have read and understood the guidelines regarding gym usage, and I agree to adhere to them during my use of the facilities provided by Frederick Lane. 

If you have pre-existing medical conditions, underlying health issues (including but not limited to low or high blood pressure, cardiac problems), the use of prescription medications, or if you are pregnant, it is imperative to seek guidance from a medical practitioner before using the gym equipment. If any uncertainty exists, it is strongly advised not to utilise the gym equipment.

3.7. I acknowledge and warrant:

  • that I am above the age of 18 and will undertake the activities at my own risk with full appreciation of the nature and extent of all risks.
  • that I am above the age of 18 and will be accompanying a person under the age of 18 (“minor”) and I further acknowledge and agree:
  • a) that I will supervise the minor while undertaking the activities with full appreciation of the nature and extent of all risks;
  • b) that it is my responsibility to supervise the minor and ensure that they are engaging in proper gym behaviour and safety practices; and
  • that I have read and agree to the terms above.

4. Push Bikes

4.1. I hereby acknowledge and agree that:

4.1.1. the hire and use of a bicycle from Frederick Lane is a recreational service for the purpose of section 139A of the Australian Competition and Consumer Act (Cth) 2010 and also a recreational activity for the purposes of Section 19 of the Civil Liability Act (2002) TAS;

4.1.2. Frederick Lane as the equipment owner does not make any

representations or warranties regarding the equipment’s suitability for my specific needs or fitness level;

4.1.3. I am competent to perform a safety check and will personally perform a safety check of the hire bicycle prior to my ride. This safety check includes (but is not limited to):

i. check brake pads are not worn or rubbing on wheel or tyre;

ii. check brake release is in down position;

iii. check shifting and brake levers are sound;

iv. check air and condition of tyres;

v. check wheels are sound;

vi. check wheel quick-release is locked;

vii. check chain and gear movement is sound;

viii. check seat and seat post are secure;

ix. check cables are not frayed;

x. check front and rear lights are on before riding; and

xi. check helmet sound and adjusted for correct fit;

4.1.4. I am competent to safely ride the hire bicycle on Australian roads and in an urban environment. I will operate the bicycle and equipment safely, only for its intended use, and strictly in accordance with the road code any other applicable laws and in accordance with any instructions whether advised by Frederick Lane or supplied with the bicycle or equipment;

4.1.5. I will wear all appropriate safety equipment at all times, including a bicycle helmet. I will not use cameras, portable music devices, phones or pagers while riding my hire bike. I will use the supplied front and rear light during my ride;

4.1.6. I take full responsibility for the maintenance and safekeeping of the hire bike and equipment during my bike hire, including during the collection period proceeding and after my hire;

4.1.7. I understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during any cycling activity. I am not under the effect of alcohol or drugs. I am in good health and do not suffer from any cardiovascular, respiratory, musculoskeletal or other medical conditions which may be affected by riding a bicycle;

4.1.8. I am over the age of 18 years old and I will take responsibility for any minors using the bicycles during my hire;

4.1.9. these terms and conditions serve as a warning that cycling is an inherently dangerous recreational activity, presenting a   great number of risks, such as the risk of falling, colliding with other riders or vehicles, encountering hidden obstacles or varying terrain, or the risk of injury or death from any failure of the bicycle or any of its components; and

4.1.10. I agree that I voluntarily and expressly assume all the risks associated with hire and use of the bicycle and associated equipment and services supplied by Frederick Lane, including the risk of serious injury or death.

                               4.2. acknowledge and warrant:

  • that I am above the age of 18 and will undertake the activities at my own risk with full appreciation of the nature and extent of all risks. 
  • that I am above the age of 18 and will be accompanying a person under the age of 18 (“minor”) and I further acknowledge and agree:
  • a) that I will supervise the minor while undertaking the activities with full appreciation of the nature and extent of all risks;
  • b) that it is my responsibility to supervise the minor and ensure that they are engaging in proper cycling behaviour and safety practices; and
  • that I have read and agree to the terms above.

5. Freddy the Teddy Photo Challenge

5.1. I hereby acknowledge and agree:

5.1.1. that by undertaking the Freddy the Teddy hunt, I am responsible for my own actions and that I assume all such risks and responsibility for damages, liabilities, losses or expenses which I may incur as a result of my participation in the Freddy the Teddy hunt; and

5.1.2. that I, and those accompanying me on the Freddy the Teddy hunt, must not do anything that puts the myself and/or other people in dangerous situations to secure an image of Freddy the Teddy. This includes jumping safety fences and standing close to cliffs. Except for any liability that cannot be excluded by law, Frederick Lane excludes all liability (including negligence), for any personal or permanent injury or loss of life; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the competition.

 

Today's Date: April 25, 2025

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information
Activity *
sauna and cold water activities;
use of gym equipment and facilities;
use of push bikes; and/or
'Freddy the Teddy’ Photo Challenge (collectively “the activities”) on the terms and conditions set out below.
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
Activity *
sauna and cold water activities;
use of gym equipment and facilities;
use of push bikes; and/or
'Freddy the Teddy’ Photo Challenge (collectively “the activities”) on the terms and conditions set out below.
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
Activity *
sauna and cold water activities;
use of gym equipment and facilities;
use of push bikes; and/or
'Freddy the Teddy’ Photo Challenge (collectively “the activities”) on the terms and conditions set out below.
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
Activity *
sauna and cold water activities;
use of gym equipment and facilities;
use of push bikes; and/or
'Freddy the Teddy’ Photo Challenge (collectively “the activities”) on the terms and conditions set out below.
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
Activity *
sauna and cold water activities;
use of gym equipment and facilities;
use of push bikes; and/or
'Freddy the Teddy’ Photo Challenge (collectively “the activities”) on the terms and conditions set out below.
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
Activity *
sauna and cold water activities;
use of gym equipment and facilities;
use of push bikes; and/or
'Freddy the Teddy’ Photo Challenge (collectively “the activities”) on the terms and conditions set out below.
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
Activity *
sauna and cold water activities;
use of gym equipment and facilities;
use of push bikes; and/or
'Freddy the Teddy’ Photo Challenge (collectively “the activities”) on the terms and conditions set out below.
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
Activity *
sauna and cold water activities;
use of gym equipment and facilities;
use of push bikes; and/or
'Freddy the Teddy’ Photo Challenge (collectively “the activities”) on the terms and conditions set out below.
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
Activity *
sauna and cold water activities;
use of gym equipment and facilities;
use of push bikes; and/or
'Freddy the Teddy’ Photo Challenge (collectively “the activities”) on the terms and conditions set out below.
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
Activity *
sauna and cold water activities;
use of gym equipment and facilities;
use of push bikes; and/or
'Freddy the Teddy’ Photo Challenge (collectively “the activities”) on the terms and conditions set out below.
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information
Activity *
sauna and cold water activities;
use of gym equipment and facilities;
use of push bikes; and/or
'Freddy the Teddy’ Photo Challenge (collectively “the activities”) on the terms and conditions set out below.
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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