In consideration of us providing the Activities for the Free Trial Period (as defined below), this Waiver of Liability (Waiver) is made by the individual undertaking the Activities (you or your), with Imani Fitness Pty Ltd ATF The Oliech Family Trust t/a Imani Transformations (ABN 38 404 548 890) (we, us or our).

Acceptance

By ticking ‘I agree’ and scheduling your first free session, you agree that you have read, accepted and will comply with this Waiver, and that you are 18 years or older.

You agree that this Waiver is governed by the laws of Victoria and you submit to the exclusive jurisdiction of the courts of Victoria.

Risk

You will be participating in gym, fitness and exercise activities and other related activities (Activities) for a period of 7 days immediately after your first scheduled gym session (Free Trial Period).

Participating in the Activities may expose you to the risk of death, physical harm, personal injury, psychological and emotional harm, physical exertion, disease, illness and/or loss or damage to property which may arise from:

• third party participants, including any fellow members;
• your physical fitness level, tiredness or overexertion;
• strenuous exercises;
• your training technique;
• pre-existing health conditions;
• equipment supplied by us to carry out the Activities; or
• any failure to comply with our instructions or directions.

You understand the demanding physical nature of a fitness class or any related exercises and activities, such as the Activities. You are not aware of any medical conditions, injuries or impairments that will be detrimental to your health if you participate in the Activities or other fitness or exercise-related activities.

You have read this risk warning and you are aware of and voluntarily accept any risk that may arise from your participation in the Activities.  

Medical Conditions

In the event that you become aware of any medical, physical or psychological condition, injury or impairment that may be detrimental to your health, a risk to your safety or affect your proper and safe participation in the Activities, you must stop participating and you should contact a medical provider. You agree to notify us of any pre-existing conditions that may affect you prior to participating in the Activities and to immediately notify us of any injuries that occur while participating in the Activities. You warrant to us that:

1. you have the required physical health and fitness needed to participate in the Activities; and
2. you know of no medical or other reason why you cannot or should not participate in the Activities. 

Exclusion of Liability

Under the Australian Consumer Law (Cth) (ACL), statutory guarantees apply to the supply of services. As the Activities are recreational services, under the ACL, we may ask you to agree to exclude your rights in relation to these statutory guarantees. 

To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any loss or liability arising from or in connection with any personal injury or death caused or contributed to by your participation in the Activities, except where caused by our reckless conduct.

Statutory Waiver under the Australian Consumer Law & Fair Trading Act 2012 (VIC) 

In this section, we are the “supplier” and “this form” means the Waiver. 

If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 (Vic) are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.  

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-

• are rendered with due care and skill; 
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Cth), the exclusion of these statutory guarantees is brought to your attention by this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

For any questions or notices, please contact us at:

Imani Fitness Pty Ltd ATF The Oliech Family Trust t/a Imani Transformations (ABN 38 404 548 890)

Email: info@imanitribe.com