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Waiver

South West Movement Academy
Rear of 32 Kepler St, Warrnambool VIC
ABN 53 967 683 250

Acknowledgement, waiver and release

1. I understand that participating in activities at The South West Movement Academy, carries with it certain dangers including the risk of physical or mental injury (including but not limited to aggravation, acceleration or recurrence of an injury), death and/or property damage and I accept (to the maximum extent permitted by law) all risks associated with my participation. I understand that participation at The South West Movement Academy will involve walking, running, climbing, lifting, jumping, falling, twisting, spinning, and hanging on equipment, ropes, walls that may be out of view from employees of the facility. I am aware of the hazards involved. The hazards include falling from equipment, moving over uneven surfaces, climbing over, around and under obstacles, actions of other participants/ spectators/ organiser’s employees/ supporting agencies, condition or suitability of participant’s clothing, footwear or equipment. In my judgment I have sufficient competence and experience to participate safely at The South West Movement Academy.

2. I certify that I am physically fit, have sufficiently trained for participation at The South West Movement Academy and have not been advised otherwise by a qualified medical person. I understand that I will be provided a briefing prior to use. I confirm that the employees and partners have not provided me with medical advice regarding my participation in the Venue (and are not responsible for providing me with such medical advice).

3. I agree that, to the extent permitted under section 139A of the Competition and Consumer Act 2010(Cth) and/or Wrongs Act Victoria 1958 (as applicable), The South West Movement Academy, its respective officers, directors, employees, independent contractors, representatives, agents and volunteers (“Indemnified Parties”) exclude all liability in respect of any:

3.1 death;

3.2 physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

3.3 contraction, aggravation or acceleration of a disease; or

3.4 coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or situation that is or may be harmful or disadvantageous to an individual or the participants or that may result in harm to an individual or other participants, where such liability would otherwise arise under or in relation to any warranty or guarantee:

3.5 that activities will be provided with due care and skill;

3.6 that the activities will be fit for any particular purpose;

3.7 that the activities will (or reasonably be expected to) achieve any particular result.

4. On behalf of myself, my executors, administrators, heirs, next of kin, successors and assigns, I:

4.1 RELEASE AND DISCHARGE the Indemnified Parties, to the maximum extent permitted by law, from any and all liability for death, disability, personal injury, property damage, property theft and all other loss, damage or liability whatever and however occurring (whether under tort (including negligence), statute, contract, equity or otherwise) which I or any other person may suffer as a result of or in connection with, directly or indirectly, my participation in the Event and I waive all and any rights, claims, actions or suits against the Indemnified Parties which but for the execution of this Acknowledgement Waiver, Release and Indemnity I may have had against the Indemnified Parties or any of them now or in the future;

4.2 INDEMNIFY AND HOLD HARMLESS and will keep indemnified each of the Indemnified Parties whatever or however caused which may be brought against them or any of them which arises in connection with my participation with the Event.

5. Without limiting the above, to the maximum extent permitted by law, I release the Indemnified Parties from all liability for:

6. any consequential loss; and

7. any economic loss, suffered or incurred by me or any other person arising out of or in connection with my participation at the South West Movement Academy.

8. Nothing in this document prevents the Indemnified Parties from relying on any laws (including statutes and common law) that limit or preclude their liability.

9. Nothing in this document excludes any term or guarantee which, under statute, cannot be excluded however the liability of the Indemnified Parties is limited to the minimum liability allowable by law. In particular, I understand that I may have rights under consumer guarantees set out in the Australian Consumer Law.

10. I hereby consent to receive medical treatment, which may be deemed necessary in any event of injury, accident and or illness during the event. I understand treatment requested from allied health volunteers is at my own risk.

11. I understand that during attendance at the South West Movement Academy Facility, and/or related activities, I may be photographed or filmed. I agree to allow my photograph, video or film likeness to be used for any legitimate purpose by The South West Movement Academy, the sponsors and or assigns.

12. I agree to abide by the Event Rules, and I will comply with all instructions issued to me by or on behalf of the Indemnified Parties in relation to my participation of activities at The South West Movement Academy. I understand that my entry may be refused if through my actions or behaviour, in the opinion of the organisers, I break any of the venue rules or I bring the venue into disrepute. I understand that the Owners/employees reserve the right to reject entry to the facilities without having any justification for their actions.

Acknowledgement, waiver and release: I have read and understood this acknowledgement, waiver and release and accept these conditions of my participation at The South West Movement Academy.

LEGALLY BINDING AGREEMENT

This agreement is legally binding whether my use of the facility and its services is determined and paid on an annual, monthly, weekly or individual casual basis.

I declare that I am physically and medically fit and capable to partake in activities and programs at the Venue. I have and will inform instructors of any condition or risk that may have an affect on my ability to participate in any exercise or fitness program prior to commencement.

I am 18 years of age or older at the time of signing this agreement. If not, my parent/guardian will sign also

I agree to the terms of this form. 

(You should read these terms carefully and ask about anything you do not understand). 

Accepted on behalf of the Venue.

To ensure the Venue is able to provide a high level of service in a safe, healthy and pleasant environment for all, we ask our South West Movement Academy Users to comply with these conditions.

GENERAL CONDITIONS OF ENTRY

We will refuse entry, or request any person to leave the premises if the person;

1. is abusive or uses offensive language or whose behaviour is threatening or

2. is under the influence of drugs or alcohol

3. No smoking permitted in the Venue

4. No chewing gum permitted in the Venue

5. No food or Drinks are permitted past the equipment.

6. All participants and members must advise any changes of address and phone number.

7. Correct exercise attire is to be worn in the South West Movement Academy

8. No person under the age of 7 is allowed in the venue unless accompanied by a guardian or Instructor.

9. All personal items are brought in to the venue at your own risk and we do not accept responsibility for items lost , damaged or stolen.

ADDITIONAL FEES FOR SPECIAL SERVICES

1. Some services require an additional fee, these include private sessions and event entry

DAMAGE TO THE VENUE

1. Any Participant or member or who wilfully or through their negligence damages the Venue or its property, will pay for the damage. Members are responsible for damages caused by their guests and children.

SAFETY AND MAINTENANCE

1. The Venue may from time to time as reasonably necessary:

1.1    close off part of the premises or isolate any piece of equipment for maintenance or safety reasons;

1.2    change the hours of opening and closing, or alter session timetables in accordance with demand; or

1.3    vary South West Movement Academy rules. Where this occurs, the South West Movement Academy will provide reasonable notice on the Venue's notice boards or at reception. 

SEVERABILITY

1. In the event that any part of this agreement being or becoming void or unenforceable, then that part shall be severed from the agreement with the intention that the balance of the agreement shall remain in full force and effect, unaffected by the severance.

ACCOUNT PAYMENT

1. If you fail to make complete payment at any given time, you will be notified and given 14 days to remedy the outstanding payment. If you have not remedied the situation within 14 days, we will inform you in writing of the action we will take, and you will be suspended from using the South West Movement Academy until outstanding monies are paid in full.

BREACH OF TERMS & CONDITIONS

1. Any breach of these terms and conditions will result in a warning and further breach will result in a second warning and your usage of the South West Movement Academy or membership may be suspended or terminated. A proven serious breach of the general conditions of entry under 2(a) may result in immediate termination of your access or membership without warning.

PRIVACY DISCLAIMER

You agree that we may use your personal information for internal marketing purposes. We may use your personal information to develop marketing lists and other programs. We may include your name and contact details on marketing lists and offer you goods and services by mail, telephone, facsimile, email or SMS.  

I declare that I am physically and medically fit and capable to engage in exercise and fitness programs at the Venue. I have and will inform instructors of any condition or risk that may have an effect on my ability to participate in any exercise or fitness program prior to commencement.

I am 18 years of age or older at the time of signing this agreement. If not, my parent/guardian will sign on your behalf.


Today's Date: February 5, 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 Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Signature*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Signature*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Signature*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Signature*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Signature*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Signature*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Signature*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Signature*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Signature*
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*
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 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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