This Deed is entered into between Paddo Performance (ABN 95 114 764 540), its successors (The BodyBuilding Physio – Paul Xydis) and assignees (referred to as we, us or our) and you, the individual participating in the physical or exercise activities prescribed to you in your program (Activities) and that individual’s legal guardian (where that individual is a minor) (referred to as you or your), and each a “Party” and collectively “the Parties”.
By accepting this Deed, you indicate that you have had sufficient opportunity to read this Deed and contact us if needed, that you have read, accepted and will comply with this Deed, and that you are 18 years or older, or have the consent of a legal guardian.
You must not accept this Deed if you are under 18 years of age and do not have the consent of a legal guardian. If you do not agree to this Deed, you must notify us immediately using the contact information below and refrain from accepting this Deed.
Your participation in the Activities you have been prescribed may expose you to the risk of death, physical harm or personal injury. The risk of death, physical harm or personal injury may arise from, but is not limited to, third party participants, your physical fitness level or the fitness equipment you use. You acknowledge and agree that death, physical harm or personal injury may arise from you or another party’s acts, omissions or negligence. You understand and voluntarily accept any risk that may arise from your participation in the Activities or exercises prescribed to you.
CODE OF CONDUCT – GYM RULES
It is your obligation, prior to participating in the Activities, that You agree:
- to, prior to participation in the Activities, disclose any medical or health conditions that may impact or impair your ability to participate in the Activities, to us;
- not to be under the influence of alcohol or prohibited drugs;
- not to engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you or any third party;
- to comply with any of our safety advice and processes;
- to notify us if you are harmed or injured; and
- to comply with all of our reasonable instructions.
RELEASE AND INDEMNITY
Despite any provision to the contrary, to the maximum extent permitted by law, you:
- understand and voluntarily accept all of the risks; and
- hereby indemnify, forever discharge and voluntarily release us (and our contractors, agents and employees) and any person directly or indirectly associated with us, against any and all loss, cost, damage, expense, liability (including liability for negligence and the negligence of others) claims, demands and proceedings of any kind,
arising from or connected with this Deed, your participation in the Activities or exercise prescription, whether those claims were known, or capable of being known, at the date of this Deed. This clause will survive termination of this Deed.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW (NSW), CIVIL LIABILITY ACT 2002 (NSW)
By accepting this Deed, you agree that you have read the risk warning and you are aware that the Activities may be a recreational activity and can be inherently dangerous. You accept that there is a degree of risk and you acknowledge that by participating in the Activities you do so at your own risk.
You agree to release us and any affiliates and any parties associated with organising and delivering the Activities from any responsibility or legal liability for death or personal injury associated with your participation in the Activities and exercise prescription given to you in your program. This release does not apply to significant personal injury caused by reckless conduct by us.
You represent and warrant that:
- there are no legal restrictions preventing you from agreeing to this Deed;
- the information you provide to us is true, correct and complete;
- you have no medical, physical or psychological conditions that prevent you from participating in the Activities or if you have any medical, physical or psychological conditions, you have received consent from a medical professional to participate in the Activities;
- you have the required physical health and fitness needed to participate in the Activities;
- you are 18 years of age or over, or if you are under the age of 18, you have the permission of a parent or guardian to participate in the Activities; and
- if you are a third party providing consent on behalf of an individual taking part in the Activities, you:
- are the individual’s parent or legal guardian; or
- have obtained consent from the individual’s parent or legal guardian to provide the individual’s consent.
You may not cancel your online services before the 16 week lock in is complete. After this time you can continue with your programming or choose not to renew.
If you have chosen a weekly direct debit method please ensure that the available funds are present on your nominated card for withdrawal on the weekly basis. Please note that if you cease the direct debit arrangement in a manner not described in the terms, then you may be liable to us for damages for breach of contract.
If you have paid for our online services upfront this is a non-refundable payment and your programming cannot be cancelled after the terms have been accepted and your payment has been made.
Privacy: When collecting and using your personal information, we agree to comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable laws.
Assignment: We may assign or transfer our rights or obligations under this Deed without your consent.
Governing law: This Deed will be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.
Severability: If any part of this Deed is found to be invalid or of no force or effect under any applicable laws, executive orders or regulations of any government authority having jurisdiction, this Deed will be construed as though such part had not been inserted herein and the remainder of this Deed will retain its full force and effect.
Waiver: No waiver by either Party of any provision of this Deed will amount to a waiver of any other provision of this Deed unless made in writing and signed by the Party against whom the waiver would have been enforced.
Joint and Several: An obligation or liability on two or more Parties to this Deed will bind them jointly and severally.