FITNESS WAIVER AND RELEASE OF LIABILITY
DECLARATIONS
This Agreement is entered into between Habitual Fit LTD (“Habitual Fit LTD”) and the undersigned participant (“Client”). The provision of physical training services by Habitual Fit LTD to Client, and Client’s use of any premises, facilities, equipment, classes, or services are contingent upon this Agreement.
ASSUMPTION OF RISK
You agree that if you engage in any physical exercise or activity, including personal training, group training, parent-and-baby classes, or enter our premises or use any facility or equipment on our premises for any purpose, you do so entirely at your own risk and assume the risk of any and all injury, illness, damage, or loss you may suffer, whether while engaging in physical exercise or otherwise.
This includes injury or damage sustained while and/or resulting from the use of any premises, facility, equipment, classes, walkways, parking areas, or services provided by Habitual Fit LTD, including injuries or damages arising out of the negligence of Habitual Fit LTD, except where liability cannot legally be excluded under applicable law.
Your assumption of risk includes, but is not limited to:
The use of any exercise equipment (mechanical or otherwise)
Weightlifting and resistance training
Walking, jogging, running, aerobic or functional fitness activities
Participation in any class, program, instruction, or event
Slipping, tripping, falling, or collisions with equipment, participants, or surfaces
The use of changing areas, seating areas, entrances, exits, stairs, and parking facilities
You voluntarily participate in all activities and assume all risks associated with participation, including injury, illness, property damage, or theft of personal belongings.
PARENT AND BABY CLASSES
Where a participant attends any parent-and-baby, postnatal, or child-inclusive session provided by Habitual Fit LTD, the participant acknowledges and agrees that they remain solely responsible for the care, supervision, safety, wellbeing, and behaviour of their child(ren) at all times whilst on the premises and during participation in any class, activity, or event.
Participants acknowledge that Habitual Fit LTD, its coaches, employees, contractors, and representatives do not provide childcare services, crèche facilities, or child supervision of any kind.
Participants accept full responsibility for ensuring that any child accompanying them is appropriately supervised and kept within designated safe areas where applicable. Participants further acknowledge that the fitness environment may contain inherent risks including, but not limited to, exercise equipment, moving participants, weights, flooring surfaces, and other hazards commonly associated with gym and fitness facilities.
By attending with a child, participants voluntarily assume all risks relating to both themselves and their child(ren), including the risk of injury, illness, accident, or damage arising from participation in or attendance at the facility, except where liability cannot legally be excluded under applicable law.
Any equipment, carriers, mats, prams, toys, or personal belongings brought for a child’s use remain entirely the responsibility of the participant at all times.
POSTNATAL PARTICIPATION
By participating in any postnatal or parent-and-baby session, you confirm that you have obtained appropriate medical clearance to return to exercise following pregnancy and childbirth where required and that you are physically able to participate in exercise activities.
You acknowledge that it is your responsibility to monitor your own physical condition throughout participation and to stop exercising immediately if you experience pain, dizziness, discomfort, bleeding, or any other concerning symptoms.
RELEASE OF LIABILITY
You agree, on behalf of yourself and your personal representatives, heirs, executors, administrators, agents, and assigns, to release and discharge Habitual Fit LTD, its affiliates, directors, employees, contractors, coaches, agents, representatives, successors, and assigns from any and all claims or causes of action arising from participation in any activity, use of facilities, or attendance at the premises, except where caused by gross negligence, wilful misconduct, or where liability cannot legally be excluded.
This release includes, without limitation, claims relating to:
(a) the use or malfunction of exercise equipment or facilities
(b) maintenance of equipment, premises, or facilities
(c) instruction, supervision, or coaching provided by Habitual Fit LTD
(d) acts or omissions of employees, contractors, or participants
(e) slipping, tripping, falling, or other accidents occurring on the premises
INDEMNIFICATION
By signing this Agreement, you agree to indemnify and hold harmless Habitual Fit LTD from any loss, liability, damage, cost, or expense arising from your participation in activities or your use of the premises, including claims arising from the presence or actions of any child attending with you, except where prohibited by law.
HEALTH ACKNOWLEDGEMENT
You confirm that you are physically capable of participating in exercise and that you have disclosed any relevant medical conditions, injuries, illnesses, pregnancy-related complications, or physical limitations that may affect your participation.
You understand that Habitual Fit LTD is not providing medical advice and that participation in physical activity may involve risks to your health and wellbeing.
GENERAL ACKNOWLEDGEMENTS
You expressly agree that this waiver, release, assumption of risk, and indemnity agreement is intended to be as broad and inclusive as permitted by applicable law.
You acknowledge that Habitual Fit LTD provides fitness and recreational services only and is not responsible for the supervision or care of children attending sessions with participants.
You acknowledge that you have carefully read and fully understand this Agreement and that you are voluntarily giving up certain legal rights, including the right to bring legal action against Habitual Fit LTD for ordinary negligence, to the extent permitted by law.