In exchange for participation in any fitness, health, and wellness activity organized by KG FAMILY TRUST, (“KBOD Fitness”), of Shop 1, 11 Palm Beach avenue, Palm Beach, Queensland 4221 and/or use of the property, facilities and services of KBOD Fitness, including virtually on any digital platform currently and in the future that is owned or utilized by KBOD Fitness, I, agree for myself to the following:
I will receive information and instruction about fitness. I recognize that fitness classes and exercises require physical exertion, which may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in any fitness classes, health, and wellness activity organized by KBOD Fitness. I represent and warrant that I am physically fit and I have no medical condition that would prevent my full participation in any fitness classes, health, and wellness activity offered by KBOD Fitness whether in a KBOD Fitness facility or virtually on any digital platform.
I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by KBOD Fitness, or the employees, representatives or agents of KBOD Fitness.
In consideration of being permitted to participate in any fitness classes, health, and wellness activity organized by KBOD Fitness, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which might incur as a result of my participation.
In further consideration of being permitted to participate in any fitness classes, health, and wellness activity organized by KBOD Fitness, I knowingly, voluntarily, and expressly waive any and all claims I may have against KBOD Fitness, Kelii Grauer, or the employees, representatives or agents of KBOD Fitness thereof for injury or damages, known or unknown, that I may sustain as a result of my participation.
I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and further release and discharge KBOD Fitness for injury, loss or damage arising out of my use of or presence upon the facilities of KBOD Fitness, whether caused by the fault of myself, my family, KBOD Fitness or other third parties.
I agree to indemnify and defend KBOD Fitness against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my use or presence upon the facilities of KBOD Fitness.
I knowingly understand that certain fitness classes, health, and wellness activities organized by KBOD Fitness will be photographed and/or videotaped for the specific purpose of promoting the KBOD Fitness brand. I hereby grant KBOD Fitness permission to use such photos and/or videos of my image during any of these activities. Usage of these images can include, but is not limited to: print, electronic, television, film/digital, website, online, video streaming, and social media entities in perpetuity.
I agree to pay for all damages to the facilities of KBOD Fitness caused by my negligent, reckless, or willful actions. Any legal or equitable claim that may arise from participation in the above shall be resolved under Australian law as understood in the Australian Constitution. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that KBOD Fitness has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
I, my heirs or legal representatives forever release, waive, discharge, and covenant not to sue KBOD Fitness, Kelii Grauer, or the employees, representatives or agents of KBOD Fitness thereof for any injury or death caused by my voluntary participation in any fitness classes, health, and wellness activity organized by KBOD Fitness under the instruction Kelii Grauer or the employees, representatives or agents of KBOD Fitness thereof.
This Agreement and each of its terms are the product of an arms’ length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific terms, language, or provision giving rise to such ambiguity.
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.