I, agree to participate in one or more physical fitness program(s)/class(es) sponsored by Nepean CrossFit/Nepean Strength & Conditioning Pty Ltd, which may include, but not necessarily be limited to, CrossFit Training, Olympic Weightlifting and/or training of any kind by any affiliate, subsidiary or partnership of Nepean CrossFit, Nepean Strength & Conditioning or Daniel Olford (hereinafter collectively referred to as Nepean CrossFit). Nepean CrossFit made me fully aware that the fitness programs/classes which Nepean CrossFit offers and in which I desire to participate are of a nature and kind that are extremely strenuous and can/may push me to the limits of my physical abilities. I the undersigned recognize and understand that the programs/classes are not without varying degrees of risk which may include, but are not limited to the following:
Injury to the musculoskeletal and/or cardio respiratory systems which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment, or injury or death due to a medical condition, whether known or unknown by me. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s).
I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my participation in Nepean CrossFit programs/classes and accept full responsibility for any injury or death that may result from participation in any activity, class or physical fitness program. I herby certify that I know of no medical problems that would increase my risk of illness and injury as a result of participation in a fitness program designed by Nepean CrossFit. Nepean CrossFit informed me that there exists the possibility of adverse physical changes during an exercise program, and I fully understand the same. Nepean CrossFit informed me that these changes could include abnormal blood pressure, fainting, disorder of heart rhythm, stroke, and in very rare instances, heart attack or even death, and I fully understand the same. With my full understanding of the above information, I agree to assume any and all risk associated with my participation in Nepean CrossFit fitness programs/classes.
In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the activities made available by Nepean CrossFit, and with my full understanding of all of the above, I hereby waive, release, remise and discharge Nepean CrossFit and its agents, officers, principals and employees and volunteers, of any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, my participation in Nepean CrossFit fitness programs/classes, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties.
This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
If I am signing on behalf of a minor child, I also give full permission for any person connected with Nepean CrossFit to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.
Indemnification: I recognize that there is risk involved in the types of activities offered by Nepean CrossFit. Therefore I accept financial responsibility for any injury that I or the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Nepean CrossFit, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by Nepean CrossFit.
Use of picture(s)/film/likeness: I agree to allow Nepean CrossFit, its agents, officers, principals, employees and volunteers the picture(s), film and/or likeness of me for advertising purposes without compensation. In the event I choose not to allow the use of the same for said purpose, I agree that I must inform Nepean CrossFit of this in writing.
EFT Authorization - I authorise Nepean CrossFit, to transfer electronic funds on a recurring basis from the checking, savings, or credit card account I specifie for my membership dues. This authorisation is to remain effective until Nepean CrossFit has collected for all charges assessed in connection with the terms and conditions of this Agreement.
Membership Term: I acknowledge and agree that I will maintain membership and pay the dues specified for a minimum Term of 30 days. I agree that I will be liable for dues for the entire term of this agreement in the amounts as stated herein regardless of usage or any change of circumstance.
Next Payment: This Agreement shall automatically continue from fortnight to fortnight (or yearly which ever the case may be relating to the specific membership selected)at the prevailing membership rate, which is subject to change, until I contact Nepean CrossFit in writing to cancel. I am responsible for all charges billed or incurred prior to cancellation. I further agree that my membership benefits are exclusive to me and are in no way transferable to anyone else.
Nepean CrossFit agrees to provide competent instruction, supervised by qualified personnel trained in the procedures and traditions of such activities.
The Student acknowledges and agrees as follows:
I. have chosen to enter into the programs specific to my membership
2. Upon completion and full payment of any phase or program, students wishing to continue with the next phase or program must enter into a new Agreement.
3. Nepean CrossFit or any party designated by Nepean CrossFit may photograph or film me while I attend the premises of Nepean CrossFit and use of any and all such photos, video footage and/or video streaming for promotion, sales, publicity and advertising purposes for all media, including, but not limited to, the internet.
4. The required physical exertion may be strenuous and cause physical injury, and I am fully aware of the risks and hazards involved. I hereby represent that I am physically fit to receive and participate in the prescribed course of instruction. I acknowledge that I have been advised to consult with a physician prior to and regarding my participation in the Classes and that my physician has confirmed to me that I have no medical condition which would affect my full participation in the Classes.
5. In consideration of my being permitted to participate in the Classes, I for myself, my heirs, executors, administrators, successors, assigns and anyone else who may claim on my behalf hereby waive any and all claims, liability and damages I may now or in the future have against Nepean CrossFit, its directors, officers, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns, arising by any means whatsoever, including, but not limited to death, injury, damages to or loss to my person or property of any kind whatsoever, no matter how caused arising from or in connection with my participation in the Classes, however caused.
6. I further hereby release, remiss and forever discharge Nepean CrossFit, its directors, officers, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns from and against all demands, claims, actions, damages, costs and expenses arising from or with respect to death, injury, damages to or loss to my person or property of any kind whatsoever, no matter how caused, arising from or in connection with my participation in the Classes whether or not caused by, in whole or in part, the negligence or gross negligence of Nepean CrossFit.
7. I will hold harmless and indemnify Nepean CrossFit, its directors, officers, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns from any and all liability for any damage or injury to the property or persons of any third party resulting from my involvement in or presence during any of the Classes.
8. I will comply with all the rules and regulations of Nepean CrossFit.
9. I will pay a service charge of $20.00 for any payments 10 days past due. If there are three payments which are 10 days past due during the period of this Agreement, I agree to pay the remaining balance of the Agreement in full, in addition to any and all recovery charges incurred.
10. I hereby agree that if Nepean CrossFit, is unable to process my payment from the designated account provided by me Nepean CrossFit is permitted to use any of the other accounts information provided as many times and as often as needed to replace the unpaid payments and service charges as explained on section 9 of this agreement.
11. In addition to any rights and remedies it may otherwise have, Nepean CrossFit may terminate this Agreement upon ten days' written notice to me if I fail to comply with my obligations under this Agreement and do not cure any such failure within ten days after receiving notice of such failure.
12. Failure to attend the Classes does not relieve me of the obligation to pay the full tuition for the program or phase in which I am currently enrolled.
13. If the student and/or co-signer wish to cancel this agreement on the stated terms set out, they may do so by sending a 30 day written notice, delivered toNepean CrossFit at least 30 days prior to the cancellation date desired by the way of Email, registered mail or in person to:
14. I confirm that the provisions in this Agreement constitute the entire agreement between the parties hereto and supersede all prior communications, proposals, representations and agreements, whether oral or written with respect to the subject matter of this Agreement.
16. I acknowledge receiving a copy of this Agreement.
17. I understand my rights and obligations as stated above. I confirm that I am the full age of eighteen years (unless otherwise indicated below) and that I have read and understood this release and waiver of liability and I am aware that by signing this Agreement I am waiving certain legal rights, including the right to claim damages which I or my heirs, executors, administrators, successors or assigns my have against Nepean CrossFit.
18. Right of cancellation: You may cancel this Agreement from the day you enter the Agreement until 10 days after you receive a copy of this Agreement. You do not need a reason to cancel. If you cancel this contract, Nepean CrossFit has 15 days to refund our money. To cancel, you must give notice of cancellation to:
You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, electronic mail, facsimile or personal delivery. If you send the notice of cancellation by registered mail, electronic mail, or facsimile, it doesn't matter if the seller receives the notice within the required period as long as you sent it within the required period.