Liability & Exercise Participation Waiver

HP29
Trading name of HP14 Fitness Limited

Document Version: 1.0
Effective Date: {sign_date}

1. PURPOSE OF THIS DOCUMENT

This Liability & Exercise Participation Waiver (“Waiver”) applies to your participation in physical activity, exercise, training and use of the facilities and equipment provided by HP29.

It applies to participation in:

- Open Gym;

- coached Training Sessions;

- Personal Training;

- Small Group Personal Training;

- trial sessions;

- Pay As You Gym sessions;

- exercise programmes;

- fitness assessments;

- demonstrations and instruction;

- use of gym equipment;

- use of studio space; and

- other physical activity provided or permitted by HP29.

This Waiver should be read together with the HP29 Membership Agreement, HP29 Gym Rules, HP29 Health & Fitness / PAR-Q Questionnaire and HP29 Privacy Notice.

This Waiver does not remove or restrict any legal rights or liability that cannot lawfully be excluded or restricted.

2. ACKNOWLEDGEMENT OF THE NATURE OF EXERCISE

I understand that physical exercise and participation in fitness activities involve inherent risks.

These risks may arise even where appropriate care is taken and may include, but are not limited to:

- muscle soreness;

- muscular strains;

- ligament or tendon injuries;

- sprains;

- joint injuries;

- aggravation of existing injuries or conditions;

- back or neck pain;

- falls;

- trips and slips;

- bruising;

- cuts or abrasions;

- impact injuries;

- dizziness or fainting;

- nausea;

- dehydration;

- overheating;

- fatigue;

- breathing difficulties;

- allergic reactions;

- cardiovascular events;

- changes in blood pressure;

- loss of consciousness;

- fractures;

- acute illness;

- and, in rare circumstances, serious injury or death.

I understand that the risk of injury may vary depending on my individual health, fitness, experience, age, technique, activity and circumstances.

I understand that exercise cannot be guaranteed to be free from risk.

3. MY RESPONSIBILITY TO EXERCISE SAFELY

I agree to exercise within my own capabilities and fitness level.

I understand that I am responsible for:

- listening to my body;

- using appropriate levels of resistance, intensity and difficulty;

- following reasonable instructions given by HP29 staff, Personal Trainers and instructors;

- using equipment appropriately;

- following the HP29 Gym Rules;

- following safety instructions;

- asking for assistance if I am unsure how to use equipment;

- stopping or modifying an exercise if I experience concerning symptoms;

- informing HP29 staff of relevant injuries or limitations;

- and seeking appropriate medical advice where necessary.

I understand that I should not attempt an exercise, movement, load or activity that I do not feel capable of performing safely.

4. HEALTH INFORMATION

I confirm that the health and fitness information I provide to HP29 is accurate and complete to the best of my knowledge.

I agree to inform HP29 of any relevant change to my health or circumstances that may affect my ability to exercise safely.

This includes, where relevant:

- new injuries;

- illness;

- surgery;

- pregnancy;

- postnatal recovery;

- cardiovascular conditions;

- respiratory conditions;

- neurological conditions;

- musculoskeletal conditions;

- joint problems;

- back or neck problems;

- medication changes;

- dizziness or fainting;

- chest pain;

- unexplained shortness of breath;

- or any other health concern that may affect exercise.

I understand that I should seek appropriate medical advice where I am uncertain whether exercise is appropriate for me.

5. MEDICAL CLEARANCE

HP29 may reasonably recommend or require medical clearance before participation in particular activities where there is a legitimate safety concern.

Where HP29 reasonably requires medical clearance, I agree not to participate in the relevant activity until the required clearance has been provided.

Any medical clearance provided to HP29 does not transfer responsibility for my participation entirely to my healthcare professional.

I remain responsible for following medical advice and informing HP29 of relevant restrictions or changes.

6. EMERGENCY MEDICAL ASSISTANCE

I understand that an emergency may occur while I am exercising.

If HP29 staff reasonably believe that I require urgent medical assistance, I authorise them, where reasonably necessary, to:

- contact emergency services;

- request medical assistance;

- provide reasonable first aid within their training and competence;

- provide relevant information to emergency responders;

- and take reasonable steps to protect my safety until appropriate medical assistance arrives.

I understand that HP29 staff are not medical professionals and that any first aid or emergency assistance will be provided within their level of training and competence.

Where I am conscious and able to communicate, HP29 will seek to respect my wishes where reasonably possible.

7. OPEN GYM PARTICIPATION

Where I use HP29 during Open Gym sessions, I understand that I am exercising independently.

Open Gym is not Personal Training.

Although an HP29 team member or Personal Trainer may be present and available to provide general assistance, they may not be monitoring my exercise continuously or supervising every movement I perform.

I am responsible for selecting appropriate exercises, loads, resistance levels and intensity unless I am receiving separate coaching.

I will ask an HP29 team member for assistance if I am unsure how to use equipment safely.

8. COACHED TRAINING SESSIONS

Where I participate in an HP29 coached Training Session, I understand that:

- exercises may be demonstrated and explained;

- I may be encouraged to work at an appropriate level of intensity;

- exercises may be adapted where reasonably possible;

- I remain responsible for communicating relevant limitations or concerns;

- and I may stop or modify an exercise if I believe it is inappropriate or unsafe for me.

I understand that a coach cannot know everything about my physical condition unless I have provided that information.

I agree to inform the coach before or during a session of any relevant injury, limitation, pain or health concern.

9. PERSONAL TRAINING

Where I participate in Personal Training, I understand that the purpose of the session is to provide individualised exercise instruction and coaching.

I understand that Personal Training does not constitute medical diagnosis, medical treatment or physiotherapy unless separately provided by an appropriately qualified healthcare professional.

I agree to communicate honestly with my Personal Trainer about:

- pain;

- injury;

- fatigue;

- limitations;

- previous injuries;

- medical conditions;

- pregnancy or postnatal considerations;

- and any other relevant factor affecting my ability to exercise.

I understand that exercise recommendations may be modified or stopped where my Personal Trainer reasonably considers this appropriate.

10. SMALL GROUP PERSONAL TRAINING

Where I participate in Small Group Personal Training, I understand that coaching is provided to more than one participant at a time.

Although exercises may be adapted where reasonably practicable, the coach cannot necessarily provide the same degree of individual attention as during one-to-one Personal Training.

I agree to communicate relevant limitations and concerns to the coach before or during the session.

11. USE OF GYM EQUIPMENT

I agree to use HP29 equipment only for its intended purpose.

I will:

- follow instructions;

- use appropriate loads;

- use safety mechanisms where provided;

- return equipment appropriately;

- avoid deliberately misusing equipment;

- report damaged or unsafe equipment;

- and ask for assistance if I am unfamiliar with equipment.

I understand that gym equipment can cause injury if used incorrectly, excessively or outside its intended purpose.

I accept responsibility for following reasonable equipment instructions and using equipment appropriately.

12. WEIGHTS, RESISTANCE EQUIPMENT AND FREE WEIGHTS

I understand that free weights, resistance equipment, barbells, dumbbells, kettlebells, cables, resistance machines and similar equipment can present risks including:

- dropping equipment;

- crushing or trapping injuries;

- impact injuries;

- strains;

- loss of balance;

- and injury caused by inappropriate loading or technique.

I agree to use appropriate weights and resistance for my ability.

I will use spotters or request assistance where reasonably necessary for an exercise that I cannot safely perform independently.

I will not deliberately drop, throw or misuse equipment except where the equipment and exercise are specifically designed for that purpose.

13. CARDIOVASCULAR AND HIGH-INTENSITY EXERCISE

I understand that cardiovascular and high-intensity exercise can place significant demands on the body.

Activities may include, for example:

- running;

- cycling;

- rowing;

- SkiErg;

- circuits;

- resistance training;

- interval training;

- conditioning exercises;

- and other high-intensity activities.

I understand that such activities may cause significant increases in heart rate, breathing rate, blood pressure and body temperature.

I agree to work within my capabilities and to stop or reduce intensity if I experience concerning symptoms.

14. PAIN, DISCOMFORT AND WARNING SYMPTOMS

I understand that some muscular fatigue, exertion and post-exercise soreness can occur during or following exercise.

However, I will not deliberately continue an exercise where I experience concerning symptoms.

I agree to stop exercising and seek assistance where appropriate if I experience symptoms including:

- chest pain or pressure;

- severe or unusual shortness of breath;

- fainting or near-fainting;

- severe dizziness;

- sudden severe headache;

- unusual weakness;

- confusion;

- loss of coordination;

- severe or unexpected pain;

- significant bleeding;

- or any other symptom that causes me serious concern.

I understand that HP29 staff are not responsible for diagnosing the cause of symptoms.

15. PRE-EXISTING CONDITIONS AND PREVIOUS INJURIES

I understand that exercise may aggravate an existing injury or medical condition.

I agree to disclose relevant pre-existing conditions, injuries or limitations that may affect safe participation.

I understand that HP29 may modify, restrict or decline an activity where reasonably necessary to protect my safety.

I understand that failure to disclose relevant information may increase the risk of injury.

Nothing in this clause means that HP29 accepts responsibility for conditions which it could not reasonably have known about.

16. PREGNANCY AND POSTNATAL EXERCISE

If I am pregnant, have recently given birth or am undergoing postnatal recovery, I agree to inform HP29 or my Personal Trainer where relevant.

I understand that pregnancy and the postnatal period may require modifications to exercise.

I understand that HP29 may recommend medical or healthcare-professional advice where appropriate.

I understand that postnatal exercise may require consideration of factors including:

- pelvic floor function;

- abdominal wall recovery;

- diastasis recti;

- pelvic or back pain;

- caesarean or other surgical recovery;

- hormonal and physiological changes;

- and individual recovery.

I understand that HP29’s fitness professionals are not a substitute for appropriate medical or specialist healthcare advice.

17. HYDRATION, NUTRITION AND FATIGUE

I understand that hydration, nutrition, sleep, illness, medication and fatigue may affect exercise performance and safety.

I agree to consider these factors when deciding whether and how intensely to exercise.

I understand that HP29 cannot monitor my hydration, nutrition, sleep or fatigue continuously.

I will inform an HP29 team member if I feel unable to exercise safely.

18. ENVIRONMENTAL AND FACILITY RISKS

I acknowledge that use of a commercial gym and studio environment may involve ordinary environmental risks, including:

- wet or slippery surfaces;

- steps and changes in floor level;

- moving equipment;

- other exercising members;

- noise;

- heat;

- ventilation;

- temporary equipment placement;

- cleaning activities;

- and normal movement around the facility.

I agree to take reasonable care for my own safety and to report hazards to HP29 as soon as reasonably possible.

HP29 will take reasonable care to maintain the facility and equipment in a safe condition.

19. INTERACTION WITH OTHER MEMBERS

I understand that other members may be exercising nearby and that activities can involve movement, weights and equipment.

I agree to exercise with reasonable consideration for others.

I will not deliberately interfere with another member’s exercise or place another person at unnecessary risk.

I will follow reasonable instructions from HP29 staff where necessary to maintain a safe training environment.

20. CHILDREN, YOUNG PEOPLE AND DEPENDANTS

Where children or young people are permitted to enter or participate in HP29 activities, the applicable age, supervision and safeguarding requirements must be followed.

A parent or guardian remains responsible for any child or young person in their care except to the extent that HP29 has expressly assumed responsibility for a particular supervised activity.

Children and young people must not use equipment or participate in activities for which they are not authorised or appropriately supervised.

21. PERSONAL BELONGINGS

I understand that I am responsible for my own personal belongings.

I should not bring unnecessary valuables into the facility or leave possessions unattended.

HP29 will take reasonable care in relation to property within its control but cannot guarantee the security of personal belongings.

Nothing in this section excludes liability which cannot legally be excluded.

22. ALCOHOL, DRUGS AND IMPAIRMENT

I must not participate in exercise at HP29 while impaired by:

- alcohol;

- recreational drugs;

- medication or substances that materially impair my ability to exercise safely; or

- any other condition causing significant impairment.

I understand that HP29 may refuse participation or require me to stop exercising where staff reasonably believe that I am impaired and that continuing to exercise could create a safety risk.

23. INFECTIOUS ILLNESS

I agree not to attend HP29 or participate in exercise where I have a contagious illness and reasonably believe that attending may put other members or staff at risk.

I will follow any reasonable health and hygiene requirements communicated by HP29.

24. HYGIENE AND CLEANING

I agree to follow reasonable hygiene requirements and use equipment responsibly.

Where cleaning materials are provided, I will use them appropriately.

I will report spills, bodily fluids or other hazards to HP29 staff promptly.

25. PHYSICAL CONTACT DURING TRAINING

I understand that certain exercises or coaching techniques may involve appropriate physical contact or proximity where reasonably necessary to provide instruction, positioning, spotting or safety assistance.

HP29 staff will use reasonable professional judgment and respect appropriate boundaries.

I may communicate that I do not wish to receive physical contact except where immediate physical assistance is reasonably necessary for safety.

26. TECHNOLOGY, PHONES AND RECORDING

I understand that I may not use phones, cameras or recording equipment in a way that compromises another person’s privacy, dignity or safety.

I must not deliberately record another member without their permission.

I will follow HP29’s current rules concerning photography, filming and use of devices within the facility.

27. PHOTOGRAPHY AND MARKETING

HP29 may take photographs or video for operational or marketing purposes.

Separate consent will be obtained where required for identifiable marketing use.

Agreeing to this Waiver does not by itself constitute consent to use my image for marketing.

28. FITNESS PROFESSIONAL QUALIFICATIONS AND SCOPE

I understand that HP29 fitness professionals provide exercise and fitness services within the scope of their qualifications and experience.

Fitness professionals do not provide medical diagnosis or treatment unless they separately hold an appropriate professional qualification and are acting within that scope.

I understand that exercise advice is not a substitute for medical advice where a medical assessment is required.

29. ACCURACY OF INFORMATION PROVIDED

I confirm that the information I provide to HP29 is accurate to the best of my knowledge.

I understand that HP29 relies on the information I provide when determining whether and how I participate in exercise.

I agree to notify HP29 if information that may affect my safe participation changes.

30. MY RESPONSIBILITY FOR MY OWN DECISIONS

I understand that I retain responsibility for decisions I make about my participation in exercise.

I may decline, stop or modify an exercise where I believe it is inappropriate for me, subject to reasonable instructions relating to safety.

I understand that I should communicate with my coach or Personal Trainer if I have concerns rather than silently continuing an activity that I believe may be unsafe.

31. ACKNOWLEDGEMENT OF ORDINARY EXERCISE RISKS

I acknowledge that I have been informed that exercise carries inherent risks.

I voluntarily choose to participate in physical activity knowing that these ordinary risks exist.

My acknowledgement of these risks does not mean that HP29 is released from responsibility for its own negligence, breach of contract, breach of statutory duty or any other liability which cannot legally be excluded or restricted.

32. HP29’S RESPONSIBILITY

HP29 will take reasonable care in providing its services and maintaining the facility and equipment.

Nothing in this Waiver excludes or restricts HP29’s liability for:

- death or personal injury caused by HP29’s negligence;

- fraud or fraudulent misrepresentation;

- breach of legal obligations that cannot lawfully be excluded;

- failure to provide services with reasonable care and skill where the law provides a remedy; or

- any other liability which cannot legally be excluded or restricted.

Any provision of this Waiver which purports to exclude or restrict such liability will apply only to the extent permitted by law.

33. DAMAGE TO PROPERTY

I agree to take reasonable care of HP29’s property and equipment.

I may be responsible for damage caused deliberately or through misuse where permitted by law.

HP29 will not seek to impose liability for ordinary wear and tear or damage resulting from reasonable use of equipment.

34. INJURY REPORTING

I agree to report any injury, accident, equipment failure or significant safety incident to HP29 as soon as reasonably practicable.

Where appropriate, HP29 may record details of the incident for health, safety, insurance, legal or operational purposes.

35. EMERGENCY EVACUATION

I agree to follow HP29’s emergency procedures and reasonable instructions during an evacuation or other emergency.

I will not deliberately obstruct emergency exits, fire equipment or emergency access routes.

I understand that emergency procedures may require me to stop exercising immediately and leave equipment and personal belongings behind.

36. FIRST AID AND EMERGENCY INFORMATION

I understand that HP29 may maintain appropriate first aid equipment and emergency procedures.

I will provide relevant emergency contact information where requested.

I understand that emergency contact information will be used for appropriate emergency or safeguarding purposes.

37. NO GUARANTEE OF RESULTS

I understand that participation in HP29 exercise or training does not guarantee any particular physical, fitness, strength, weight, body composition, rehabilitation or performance result.

Results may vary depending on numerous factors, including:

- attendance;

- exercise adherence;

- nutrition;

- sleep;

- health;

- genetics;

- lifestyle;

- training history;

- recovery;

- and individual circumstances.

Any examples or targets discussed by HP29 or its fitness professionals are not guarantees of a particular outcome.

38. LIABILITY AND STATUTORY RIGHTS

This Waiver is intended to record my informed acknowledgement of the ordinary risks of physical activity and my responsibilities as a participant.

It is not intended to exclude or restrict any legal liability that HP29 is prohibited from excluding or restricting.

Nothing in this Waiver affects my statutory rights as a consumer.

Nothing in this Waiver prevents me from bringing a legitimate claim where HP29 is legally responsible.

39. SEPARATE FROM MEMBERSHIP TERMS

This Waiver forms part of my participation arrangements with HP29 but is separate from the HP29 Membership Agreement.

The Membership Agreement governs matters including:

- membership;

- fees;

- payment;

- cancellation;

- access;

- booking;

- suspension;

- termination;

- and other contractual matters.

This Waiver concerns participation in exercise and use of the facilities.

The HP29 Gym Rules govern day-to-day conduct and facility requirements.

40. ACKNOWLEDGEMENT AND DECLARATION

By signing this Waiver, I confirm that:

1. I have read and understood this Liability & Exercise Participation Waiver.

2. I understand that physical exercise carries inherent risks.

3. I understand that injury can occur even when exercise is performed appropriately.

4. I agree to exercise within my own capabilities.

5. I agree to follow reasonable instructions from HP29 staff, coaches and Personal Trainers.

6. I agree to use HP29 equipment appropriately.

7. I agree to ask for assistance where I am unsure how to use equipment safely.

8. I confirm that the health information I provide to HP29 is accurate to the best of my knowledge.

9. I agree to notify HP29 of relevant changes to my health, injuries or ability to exercise safely.

10. I understand that HP29 fitness professionals are not medical professionals and do not provide medical diagnosis or treatment unless separately qualified and acting within that professional scope.

11. I understand that I should seek appropriate medical advice where necessary.

12. I understand the distinction between Open Gym, coached Training Sessions, Personal Training and Small Group Personal Training.

13. I understand that Open Gym is independent exercise and that HP29 staff may not continuously supervise my exercise during Open Gym.

14. I understand that HP29 may stop or modify my participation where reasonably necessary for safety.

15. I understand that HP29 will take reasonable care in providing its services and maintaining its facilities.

16. I understand that this Waiver does not exclude or restrict HP29’s liability where such exclusion or restriction would be unlawful.

17. I understand that my statutory consumer rights are not affected by this Waiver.

18. I have had the opportunity to ask questions about this Waiver before signing it.

41. ELECTRONIC SIGNATURE

By signing electronically, I confirm that I have read, understood and agree to this Liability & Exercise Participation Waiver.

Member name:
{name}

Date:
{sign_date}

END OF HP29 LIABILITY & EXERCISE PARTICIPATION WAIVER