RAW Fitness Gym

RAW Online - waiver


EMERGENCY CONTACT

 

ACCEPTANCE: I have read and understand the Terms and Conditions of this form outlined below.

WAIVER

Release of Liability, Waiver of Claims, Assumption of Risk,

Indemnity Agreement and Jurisdiction Agreement

By signing this document you will waive certain legal rights, including the right to sue.

WAIVER TERMS & CONDITIONS

TO:  RAW Fitness owners, volunteers, directors, officers, employees, trainers, instructors, agent’s officials, independent contractors, servants, representatives, successors and assignees (hereinafter referred to as “RAW FITNESS”)

DEFINITIONS:

In this agreement:

  •   The term “ATHLETIC ACTIVITY OR “ATHLETIC ACTIVITIES’ includes but is not limited to personal training, fitness classes, online training, team or individual competitions, fitness assessments, use of facilities, observation of athletic activities, Olympic Weightlifting, powerlifting, strongman training or competitions, gymnastics, strength condition, metabolic conditioning, plyometric, interval training, bodyweight conditioning, bouldering, rope climbing, macro climbing, stretching, outdoor running on trails or sidewalks, sports and programs, clinics, seminars and services provided to the athlete by RAW FITNESS.
  •   The term :”INJURY” shall refer to all forms of physical, mental  and emotional injury in any way related to athletic activity and transportation activities including, but not limited to: death, breaks,. Strains, lacerations, dislocations, exercise induced rhabdomyolysis, heart failure, hypothermia, heat illness, dehydration, trauma, anxiety and fears.

DISCLAIMER:

RAW FITNESS and their owners, volunteers, directors, officers, employees, trainers, instructors, agents officials, independent contractors, servants, representatives, successors and assignees (hereinafter referred to as “RAW FITNESS”) are not responsible for any death, injury loss, or damage of any kind suffered by any person while using RAW FITNESS facilities, participating in or watching RAW FITNESS activities, caused in any manner whatsoever including, but not limited to, the negligence of RAW FITNESS.  I am aware that athletic activities have inherent dangers and risks including but not limited to the potential for serious personal injury or death caused by any RAW FITNESS athletic activities or any condition of the facilities or equipment of RAW FITNESS, some of which include:

  •   Transient light-headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain discomfort, fatigue, nausea, heart failure, exercise induced rhabdomyolysis, and so forth;
  •   All manner of injury resulting from slipping or falling, either roped or unroped, while jumping, skipping running, walking, lifting, climbing and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment:
  •   Abrasion, entanglement, lacerations, bruising, dislocation, and other injuries resulting from activities on or near stands, racks weight bars, pull up bars, walls, ropes, cargo nets, medicine balls and plyo boxes:
  •   Injuries resulting from falling athletes or objects such as weights, dumbbells, bars, medicine balls, and so forth or by any objects dropped by other persons conducting athletic activities or assisting others:
  1. Failure of the equipment, racks, stands, bars, attachments, anchors, ropes, harnesses; And, I do hereby further acknowledge and agree:

(a) That the athletic activities I am participating in requires a moderate to high degree of effort, are designed to be high intensity, and are intended to maximally challenge my cardiovascular endurance, stamina, strength, flexibility, speed, power, coordination, agility, balance and accuracy:

(b) That I will honestly represent my level of fitness, health, nutrition, use of medication, medical history and current physical, mental and medical condition to RAW FITNESS:

(c) That although RAW FITNESS takes steps to reduce the risks and increase the safety of all athletic activities, it is not possible for RAW Fitness to make these athletic activities completely safe:

(d) That I am personally responsible for my preparation prior to athletic activities, my concentration and attention during these athletic activities and for my post activity rest and recovery

(e) That I will learn and obey the rules and regulations of RAW FITNESS, and that I will follow the instructions and directions of RAW FITNESS during athletic activities:

(f)  That I will inform RAW FITNESS immediately should I feel any pain, discomfort, fatigue, nausea or other symptoms that I may suffer during and immediately after athletic activities

(g) That I may stop participating at any time and that I may be directed to stop by RAW FITNESS should I display noticeable signs of distress

(h) That I consent to receive first aid and medical treatment by the RAW FITNESS in the event of an accident, injury or illness during athletic activity

(i)  That RAW FITNESS may videotape, audiotape, or photograph you for instructional and promotional purposes without payment of any kind to you and without further notice to you or permission from you.

 RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, INDEMNITY AGREEMENT AND JURISDICTION AGREEMENT

In consideration of RAW FITNESS, allowing me to participate in RAW FITNESS Athletic Activities, and for other good and valuable consideration, the receipt of sufficiency of which is acknowledged, I hereby agree as follows:

  1. i)   TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against RAW FITNESS and their owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns(all of whom are hereinafter referred to as the “RELEASES”) and TO RELEASE THE RELEASES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in climbing and transportation activity, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ATHLETIC ACTIVITIES:
  2. ii)  TO HOLD HARMLESS AND INDEMNIFY THE RELEASES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Athletic Activities:

iii) TO HOLD HARMLESS AND INDEMNIFY THE RELEASES from any and all liability for any costs they may incur for medical costs, emergency transportation, and litigation resulting from my participation in Athletic Activities:

  1. iv) That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
  2. v)  This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of New Zealand and no other jurisdiction; and
  3. vi) Any litigation involving the parties to this Agreement shall be brought solely within New Zealand and shall be within the exclusive jurisdiction of the Courts of New Zealand. 

In entering into this agreement I am not relying on any oral or written representations or statements made by RAW FITNESS with respect to the safety of athletic activities other than what is set forth in this Agreement.

This agreement must be completed in full, initialled where indicated, dated and signed prior to participating in any RAW FITNESS athletic activities.

Regards,

RAW Fitness Bay of Plenty

6/47 Totara Street

Mount Maunganui, 3116

info@rawfitnessbop.com

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Document name: RAW Online - waiver
lock iconUnique Document ID: 73ce72503e5b3a2f7378203bf8f7df4eebff880c
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July 13, 2020 11:36 am NZDTRAW Online - waiver Uploaded by Keepa Mewett - info@rawfitnessbop.com IP 122.61.248.159