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First Name

Last Name

WAIVER *

I hereby release, waive, discharge and covenant not to sue Suzanne McIntosh, Fitness4U, or the owners of the current premises (the ‘releasees’) from all liability to the undersigned on account of injury to the person or property or resulting in the death of the undersigned arising out or related to the Looking Good or other similar programs/ sessions (‘event’), unless caused by reckless conduct or gross negligence on the part of the releasees or one of them. I also hereby agree to indemnify and save and hold harmless the releasees and each of them from any loss, liability, damage or cost they may incur arising out of or related to the event, unless caused by reckless conduct or gross negligence on the part of the releases or one of them. I also hereby assume full responsibility for any risk of bodily injury, death or property damage arising out of or related to the event, unless caused by reckless conduct or gross negligence on the part of the releasees.

I agree

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 *

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you— • are rendered with due care and skill; and • are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and • might reasonably be expected to achieve any result you have made known to the supplier.

I have read this

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Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees are excluded, restricted or modified in the way set out in this form. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012. You have agreed to purchase a membership at a facility that allows you access at any time. As such, you are aware that at times there will be no supervision or assistance. You are also aware that if you are injured, become unconscious, suffer a stroke or heart attack, that there will be times when no one will respond to your emergency and this facility has no duty to provide assistance to you. Even though this facility is equipped with surveillance cameras, it is likely that should you require immediate assistance, none will be provided. We HIGHLY recommend that you have a workout partner accompany you while at the facility, but it is entirely up to you.

I agree

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Because physical exercise can be strenuous and subject to risk of serious injury, Fitness4U urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest or participant) agree that if you engage in any physical exercise or activity, or use any Fitness4U amenity on the premises or off premises including a sponsored club event, you do so entirely at your own risk. You agree that you are voluntarily participating in the use of this facility and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property.

I agree

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This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of negligence, as a result of; (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment, (c) any dietary recommendations and (d) your slipping and /or falling while in the club premises, including adjacent sidewalks and parking areas.

I agree

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You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge Fitness4U, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action. You agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against FITNESS SOLUTIONS 24/7 for negligence, personal injury or property damage.

I agree

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Note: Should any part of this agreement be found by a court of law to be against public policy or in violation of any state statute or case precedence, then only that wording is removed and the remainder of this agreement will remain in full force. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW, EXCEPT GROSS NEGLIGENCE OR RECKLESS CONDUCT ON THE PART OF THE RELEASEE.

I agree

Date *

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