Terms + Conditions
1. I acknowledge that it is a condition of access to the gym and facilities of the PB Fit Pty Ltd Strength + Development Centre (‘the Facility / Facilities’) that I make the following representations and warranties.
2. In this Agreement, PB Fit Pty Ltd includes its directors, officers, employees, voluntary workers, agents, contractors, sponsors as well as any persons or entities who have hired the facilities in part or in whole.
3. I have read and agree to abide by all terms and conditions, rules, regulations, stated and customary, of the Centre.
4. I agree to my photographic image being used for marketing purposes.
5. I have read, understood and agree that I am liable for the fees set out above in this Agreement. I will make all payments due and owing under this Agreement, even if I do not use the facilities and services of the Facilities.
6. I understand that PB Fit Pty Ltd will not pass on my details to any third party without my written consent
7. I acknowledge that use of the Facilities may involve strenuous physical activity and that, whilst all care is taken by PB Fit Pty Ltd, use of the Facilities involves inherent risks that may result in all manner of harm, loss, damage, injury and even death to me or others.
8. I warrant that:
I am aware of the inherent and extrinsic risks to my health, life and property in using the Facilities; I agree to use the Facilities at my own risk; I am physically capable of using the Facilities without supervision and have obtained medical advice on this fact; I have disclosed to PB Fit Pty Ltd any injuries, disabilities, illnesses and ailments, whether past or present, which may affect my ability to use the Facilities and its equipment; and I will comply with any advice, instructions or directions concerning the use of the Facilities and its equipment.
9. I agree to assume all responsibility for any personal injury or death to myself or others resulting from, or arising out of, my use of the Facilities.
10. I agree to waive, release and discharge forever PB Fit Pty Ltd in relation to any personal injury or death to myself or otherwise resulting from, or arising out of, my use of the Facilities (the Waiver’).
11. Without limiting the operation of the Waiver, I acknowledge and agree that the Waiver shall extend to any personal injury or death to myself caused by:
The negligence, action or inaction of the PB Fit Pty Ltd or other users of, or persons present at, the Facilities; My own negligence, action or inaction; My failure to follow the advice or instructions of PB Fit Pty Ltd concerning my use of the Facilities; or My failure to disclose to PB Fit Pty Ltd any injuries, disabilities, illnesses and ailments, whether past or present, that may affect my ability to use the Facilities or PB Fit Pty Ltd’s ability to provide me advice in relation to same.
12. I agree to waive, release and discharge forever PB Fit Pty Ltd from any breach of warranty, condition or implied term concerning my use of the Facilities and to extent that such liability may not be waived I agree to such liability being limited to the refund of membership fees and not extending to pure economic loss.
13. I agree to defend, indemnify and hold harmless PB Fit Pty Ltd from and against any claim, cause of action, liability or judgement resulting from, or arising out of, or in connection with my use of the Facilities to which the waivers in Clauses 11, 12 and 13 apply.
14. I agree to waive, release and discharge forever PB Fit Pty Ltd from any damage to, or theft of or from my personal property resulting from, or arising out of, my use of the Facilities.
15. I agree to indemnify PB Fit Pty Ltd from any damage caused by me to the personal and real property of the Facility or to the personal property of other users of the Facilities.
16. I acknowledge that individual personal accident insurance is not included in my participation I, nor my attendance, of the Facilities. In the event of injury, accident or illness, I consent to receiving initial first aid treatment, if PB Fit Pty Ltd considers it to be appropriate, and I will pay all costs associated with ambulance transportation if required and any ongoing medical treatment.
17. I acknowledge that the information given in this form or otherwise provided by me to PB Fit Pty Ltd is true and correct.
CODE OF CONDUCT
BY ACCESSING PB FIT STRENGTH + DEVELOPMENT CENTRE YOU AGREE TO:
RESPECT OTHERS: This includes behaving appropriately towards staff or other members without display of aggression, abuse, temper, violence, lewd or provocative behaviour that could cause staff or any member to be offended or intimidated; FOLLOW STAFF INSTRUCTIONS, RESPECT THE EQUIPMENT; and NOT USE THE FACILITIES IF UNDER THE INFLUENCE OF DRUGS OR ALCOHOL. We reserve the right to suspend or cancel your access if, in our opinion, you have breached any aspect of the Code of Conduct or if any declaration you have made to us proves to be fals. You must advise us in writing of any change to your contact details and changes to your health status including, but not limited to, pregnancy, injuries, and any illness that may impact on how an instructor may administer your training program.
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