Express assumption of risk
In joining Cultivar Health, I am aware that there are significant risks in any type of physical training and activity. Specifically, these risks can result in serious injury or death and include (but are not limited to):
- Falls;
- Negligence from myself, my trainer or those training around me;
- Improper use or failure of equipment;
- Strains and sprains;
- Feeling faint, losing consciousness and heart attack.
I am aware and acknowledge that the above may result in serious injury or death. I willingly assume full responsibility of these risks that I am exposing myself to in undertaking this type of physical activity, and accept responsibility in partaking in classes and unattended open gym which can result in serious injury or death. I agree to take the upmost care in such activities and immediately report any injury or illness to the trainer and/or owner/s of Cultivar Health.
Release:
In full consideration of the above risks, and in consideration of the fact that I am willingly, voluntarily and knowingly participating in the services offered at Cultivar Health, I hearby release Cultivar Health, their owners, principals, employees, from any and all liabilities, claims, demands, actions or rights to any action, which are related to, or arise out of, or are in any way connected to my participation in activities at Cultivar Health, including through any perceived or allegedly negligent acts by the owners or the trainers. This agreement binds me, my successors, representatives, heirs, executors, assigns or transferees. If any portion of this agreement is held to be invalid, I agree that the remainder of the agreement shall remain valid.
Indemnification:
The participant recognises that there is inherent risk involved in the type of activities offered at Cultivar Health. As such, the participant accepts full financial responsibility for any and all that the participant may cause to him/herself or may cause to others due to his/her own negligence. Should any of the above mentioned parties incur legal costs in relation to any action taken under this agreement, I agree to pay fully those costs which are taken to enforce this agreement. I further agree to indemnify and hold harmless Cultivar Health, their principals, agents, employees and volunteers from liability for the injury or death of any persons and any damage to any property that may result from my negligence or intentional act or omission while participating in activities offered by Cultivar Health, at the main building or abroad (this includes any running or other activities which take place as part of Cultivar Health activities outside the main building). This includes, but is not limited to, any area or road/run track selected by Cultivar Health during the relevant activities.
I have read and understand the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form, I am waiving valuable legal rights.
I understand that accepting these terms electronically will act as a formal signature and acceptance of all liabilities.
Membership terms:
I must provide fourteen (14) business days notice for any cancellation or pause of my membership. Notice must be provided over email to info@cultivarhealth.com to be effective.
I may pause my membership for a minimum of 14 days and a maximum of 28 days. Any pause longer than 28 days will constitute a cancellation and any previous membership rates will be null and void.
New member promotions:
As a new member, and particularly if you join us using one of our promotional offers, you do so under the following terms and conditions:
- if you receive any kind of discounted period, including as a referral, you will have a minimum two month term on your membership. If you request to cancel before this date, the membership will either continue until the minimum term has expired or the remaining fees can be charged as a lump sum in order to finalise the membership immediately.
- the 4 x $20 Foundations Program is non refundable, even if you choose not to receive any of these sessions for any reason or it is refused to be provided to you due to misconduct on your behalf.
- if you use one of our 7 day trial passes, and it is discovered that you are not eligible for the pass as you are not genuinely looking to trial the gym in order to join as a member, your pass should have been a Visitors Drop In Pass and the remaining balance will be due and payable by you, or immediately charged to your card connected to WodBoard.
Dog friendly release:
CULTIVAR HEALTH is a dog friendly gym, and we love it that way. However, by signing this waiver, you acknowledge that if you bring your pet to the gym, you are doing so at your own risk. Any injury, harm or damage caused to or by your dog will be your responsibility, and you indemnify us from any liability. To ensure the safety of your dog and others, you must ensure your dog is fully vaccinated and socialises well. A pet enclosure has been provided, and all dogs must be secured inside this enclosure if you are participating in a class.
