Guardian Health and Fitness Pty Ltd Contract
The following conditions must be read carefully:
"the Applicant" means the individual who signs this Contract and agrees to be bound by its terms and includes a guardian of that individual if the individual is under 18 years of age.
I, the Applicant, hereby agree to be bound by the terms of this Contract with Guardian Health and Fitness Pty Ltd and the persons named and described in Schedule 1, hereinafter jointly and severally referred to as "the providers". The providers agree to permit me to use their premises and facilities for training, to instruct me in self-defence or other fitness techniques and related activities ("the service") upon and subject to the following terms and conditions:
Terms and Conditions
The Applicant will pay on demand the prescribed or stated fees for the service. Such fees may be notified to the Applicant by letter or memorandum or by notice displayed in the provider's premises or premises occupied by the provider or verbally.
The completion of a Health Declaration is required by all new participants or previous participants who have not trained for more than 12 months. It is the responsibility of each Applicant to provide Guardian Health and Fitness Pty Ltd staff with any relevant medical history or restrictions they have in respect to physical activity. You are required to inform Guardian Health and Fitness Pty Ltd of any changes in your medical condition. All Applicants and prospective Applicants are encouraged to obtain medical confirmation that the exercises and activities to be undertaken will not cause any physical harm. In particular, men aged 41 years or over, women aged 51 years or over, and women who are pregnant must provide a medical clearance form (completed by a General Practitioner) prior to their health screening.
Training may involve strenuous, high exertion activities as well as emotionally stressful drills, I understand that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during my training sessions. I understand that should I feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my instructor or trainer. I give Guardian Health and Fitness Pty Ltd and the staff of the facilities I train at, permission to seek emergency medical services for me should I become injured or ill with the understanding that I am responsible for any expenses incurred.
Waiver and Indemnity: In all other cases and except where inconsistent with the above, the Applicant for him/herself, his/her executors, administrators, dependents and other personal representatives, hereby absolves and indemnifies the providers and all their servants, agents, employees and other students or persons under the providers control (the "indemnified") from all liability howsoever arising for injury or damage (including but not limited to the Applicants' person, whether fatal or otherwise, property and personal belongings) however caused including by the negligence of the indemnified, arising out of or participating in Self-Defence Training or other fitness techniques and related activities or in anyway caused by, or arising out of, any activity carried on by the indemnified.
I, the Applicant, have been advised and understand that the practice of Self-Defence Training or other fitness techniques and related activities is potentially dangerous. I, the Applicant, agree to occupy and use the premises of Guardian Health and Fitness Pty Ltd at risk to myself and release to full extent permitted by law AJ Kearns, Zunami White, Guardian Health and Fitness Pty Ltd, and its agents, servants, contractors and employees from all claims and demands of every kind in of or resulting from any accident or damage to property or injury or death to myself while undertaking Self-Defence Training or training in other fitness techniques and related activities with Guardian Health and Fitness Pty Ltd.
Any person participating in Self-Defence Training, or in activities connected with Self-Defence Training, or other fitness techniques and related activities or participating in any activity carried on by Guardian Health and Fitness Pty Ltd are only allowed to do so on the distinct understanding that they do so entirely at their own risk.
The Applicant agrees that he/she is in no way qualified or authorized to teach Self-Defence or fitness techniques as taught by Guardian Health and Fitness Pty Ltd, publicly or privately in any way whatsoever for personal, monetary or any form of gain whatsoever unless with the written authorization of AJ Kearns.
No participant will solicit business for personal financial gain from any other participant for any purpose. This includes, but is not limited to, personal training or Self-Defence instruction.
I acknowledge that I may be photographed and/or filmed during events/sessions and I agree to allow Guardian Health and Fitness Pty Ltd to use these pictures, films, and/or likeness of me for promotional purposes. In the event that I choose not to allow the use of the same for said purpose, I agree that I must inform Guardian Health and Fitness Pty Ltd of this in writing.
I, the Applicant, agree that I will abide by the Guardian Health and Fitness Pty Ltd Club Rules and Code of Conduct and agree and acknowledge that any failure to abide by rules of these may result in my expulsion from Guardian Health and Fitness Pty Ltd.
Misconduct with equipment, exhibiting behaviour that may cause injury or is considered offensive or threatening by other participants or Guardian Health and Fitness Pty Ltd staff will result in the immediate eviction of that person and/or withdrawal of membership.
Appropriate exercise attire and footwear must be worn during training or whilst in the facility. A t-shirt or singlet must be worn at all times. Clothing with buckles, or hard objects attached must not be worn. Thongs, open toed shoes and shoes with hard soles are not permitted. You will not be permitted to train unless properly attired.
Participants training at the centre are required to carry and use a towel to wipe any perspiration from the equipment during and after use. If personal protective equipment is borrowed from the club, it is the responsibility of the participant to wipe it down after use with the supplied disinfectant. Personal hygiene requirements include the wearing of deodorant. All jewellery, including watches is to removed or taped over during training. Persons with a bleeding injury must cease training immediately and inform the instructor or trainer of the injury.
Bags are not to be left in walkways or thoroughfares. Guardian Health and Fitness Pty Ltd will not accept any responsibility for any property you have that may have been stolen or lost whilst training.
Guardian Health and Fitness Pty Ltd reserves the right to change the operating hours and conditions in accordance with the requirements of Guardian Health and Fitness Pty Ltd.
No guests or visitors are allowed into the training centre unless they have permission from a staff member. Casual visitors to the centre must complete this application form on the first visit and pay the casual visit fee each time they train. Guardians are always welcome to observe classes in which their ward is training.
Acceptance - Performance of the provider's obligations under the contract may be effected by any one or more of the providers either jointly or severally.
Governing Law - Any agreement entered into pursuant to this acceptance is to be governed by the laws of the State of Victoria and the related Courts shall have exclusive jurisdiction to entertain any action in respect of any such agreement.
addition to Guardian Health and Fitness Pty Ltd, the providers in
respect of this agreement include:
(a) The principle representatives of the venue being hired
(b) The staff, instructors, venue providers, including but not limited to: AJ Kearns, Zunami White, all other Instructors and Trainers operating from or on behalf of Guardian Health and Fitness Pty Ltd