Bodyworkz Casual Visit Membership Form and Contract

Disclaimer: I acknowledge that during physical activity and classes, an accident may occur involving injury or damage. In signing this form, I indemnify Byron Bodyworkz Pty Ltd (Bodyworkz) and its directors, officers, employees, contractors and agents from all legal actions, injury claims, loss, damage, penalties, and costs arising from my participation in this physical activity program.                                       

Terms and Conditions                                                                                   

1. Membership                                                                                                                  

1.1 Your membership permits you to use Bodyworkz Fitness Centre premises, facilities, equipment and services on a one-off basis, with no continuing membership rights

1.2 This membership is restricted to the named individual who signs this agreement, is non-transferrable, and does not entitle you to allow any other person entry to the Bodyworkz Fitness Centre premises, or use of its facilities, equipment and services    

2. Physical Condition

2.1 It is your responsibility not to use any equipment which may adversely affect any medical condition you may have.

2.2 You hereby represent to Bodyworkz and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Club or its facilities.

2.3 If you have any health or medical concerns, you must discuss them with your doctor before using the equipment or the Club.

2.4 You acknowledge that Bodyworkz did not give you any medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment.

2.5 You acknowledge that you have indemnified Bodyworkz against all legal actions, injury claims, loss, damage, penalties, and costs arising from your use of the Centre and its facilities, equipment and services

3. Video and Audio Surveillance

3.1 For security purposes, Bodyworkz Fitness Centre uses video and audio surveillance equipment to monitor the Club on a 24 hour basis.

3.2 By signing this Agreement you acknowledge that by accessing Bodyworkz Fitness Centre you will be subject to video and audio surveillance and recording.

3.3 Video and audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms or assessment rooms.

4. Equipment

4.1 You understand and acknowledge that Bodyworkz Fitness Centre purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club.

4.2 You understand and acknowledge that Bodyworkz Fitness Centre is providing recreational services and may not be held liable for defective products or equipment.

5. Liability for Property

5.1 You understand and acknowledge that Bodyworkz is not liable to you for any personal property that is damaged, lost, or stolen while in or around the Club including, but not limited to, a vehicle or its contents or any property left in a locker.

5.2 You understand and acknowledge that if you cause damage to the Club or any equipment you are liable to Bodyworkz for its cost of repair or replacement.

6. Risk Warning

6.1 Bodyworkz warns that whilst you are on our premises using our Club and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:

                i)    slipping on wet flooring;        (iii)   colliding with equipment, or other members;

                ii)   being struck by weights;  (iv)   engaging in strenuous exercise and activities; or,

                (v)  incorrect use of equipment

6.2 You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.

6.3 You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death

6.4 You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Bodyworkz are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.

7. Members/Participants Acknowledgement

7.1 It is hereby declared and agreed by all members/participants (and in that regard the member/participant specifically accepts all responsibility and liability for all non-members they bring to the Bodyworkz Fitness Centre, which they acknowledge by signing this Casual Visitor Entry Membership Agreement) that at times, the centre will be unsupervised.

7.2 The members accept that the risk of injury or harm to themselves and other members/participants/non members is increased when the centre is unsupervised.

7.3 The members accept all risks of using the Bodyworkz Fitness Centre when it is supervised or unsupervised.

7.4 The member who uses the Bodyworkz Fitness Centre when it is supervised or unsupervised hereby indemnifies and will keep indemnified the owners and operators of the Bodyworkz Fitness Centre from any claim for injury or damage the members/participants/non members suffer when using the Bodyworkz Fitness Centre when it is supervised or unsupervised including injury to themselves or others