This Waiver, Release of Liability, Assumption of Risk & Indemnity Agreement (“Waiver“) is between You (“You“, “Your“, “Participant”) and Falsegrip Gymnastics Strength Training Pty Ltd ABN 97 611 226 110 (“Falsegrip“, “We“, “Us“, “Our“).

This Waiver applies to all current and future participation in Falsegrip Activities and remains in force unless replaced by a later version issued by Falsegrip.

For the purposes of this Waiver:

“Falsegrip Activities” includes, but is not limited to, group training sessions, private coaching sessions, workshops, seminars, member events, open gym sessions, educational activities, online content and any other activity conducted, organised or authorised by Falsegrip.

“Falsegrip Released Parties” means Falsegrip, its directors, officers, employees, contractors, coaches, instructors, agents, volunteers, representatives and related entities.

1. ACCEPTANCE

1.1 You acknowledge that Falsegrip requires You to accept this Waiver before participating in any Falsegrip Activities.

1.2 You acknowledge that this Waiver applies to all current and future participation in Falsegrip Activities, including participation occurring after any break, suspension, cancellation or reactivation of a Membership Product.

1.3 Falsegrip may require You to accept a revised version of this Waiver from time to time.

1.4 You acknowledge that participation in Falsegrip Activities is voluntary.

2. HEALTH DECLARATION

2.1 You warrant that You are physically and medically capable of participating in Falsegrip Activities.

2.2 You acknowledge that it is Your responsibility to seek appropriate medical advice before participating in Falsegrip Activities where You have any concern regarding Your health, fitness or ability to participate safely.

2.3 You agree to immediately inform Falsegrip of any injury, illness, pregnancy, medical condition or change in health status that may affect Your ability to safely participate in Falsegrip Activities.

2.4 You agree not to participate in Falsegrip Activities while suffering from any illness, injury, disease or condition that may create a risk to Yourself or others.

2.5 You acknowledge that Falsegrip relies on the accuracy and completeness of information provided by You when determining the suitability of participation in Falsegrip Activities.

3. WARNING UNDER THE CIVIL LIABILITY ACT 2002 (NSW)

3.1 Pursuant to section 5M of the Civil Liability Act 2002 (NSW), Falsegrip warns You, and You acknowledge, that participation in Falsegrip Activities constitutes a recreational activity within the meaning of section 5K of the Civil Liability Act 2002 (NSW).

3.2 You acknowledge that Falsegrip Activities involve significant risks of physical harm and may constitute dangerous recreational activities within the meaning of the Civil Liability Act 2002 (NSW).

3.3 You acknowledge that the risks associated with Falsegrip Activities cannot be completely eliminated regardless of the care taken by Falsegrip or the Participant.

4. EXPRESS ASSUMPTION OF RISK

4.1 You acknowledge that participation in Falsegrip Activities involves inherent risks of injury, illness, property damage, disability and death.

4.2 You acknowledge that such risks may arise from Your own actions, the actions of others, the condition of equipment, the condition of facilities, environmental conditions, training activities, physical exertion, accidents, equipment failure, human error or other causes.

4.3 You acknowledge that Falsegrip Activities may involve gymnastics-based training, bodyweight strength training, mobility training, flexibility training, end-range loading, stretching, tumbling, hand balancing, ring training, rope climbing, impact activities, jumping, landing, running, lifting, carrying, balancing, hanging, inversion, rotational movements and other physically demanding activities.

4.4 You acknowledge that participation may result in injuries including, but not limited to, muscle strains, ligament injuries, tendon injuries, joint injuries, fractures, dislocations, spinal injuries, head injuries, concussion, neurological injuries, cardiovascular events, heat-related illness, permanent disability or death.

4.5 You acknowledge that participation may involve contact with equipment, training apparatus, flooring surfaces and other participants.

4.6 You acknowledge that personal property may be lost, stolen or damaged while attending Falsegrip Activities.

4.7 You freely and voluntarily assume all risks associated with participation in Falsegrip Activities, whether known or unknown, foreseeable or unforeseeable.

5. OPEN GYM PARTICIPATION

5.1 You acknowledge that Open Gym participation may occur without direct coaching supervision.

5.2 You acknowledge that You are solely responsible for determining the suitability of exercises, activities, equipment, training loads, progressions and techniques undertaken during Open Gym participation.

5.3 You accept all risks associated with self-directed training undertaken during Open Gym participation.

5.4 Tumbling activities are strictly prohibited during Open Gym unless specifically authorised and directly supervised by Falsegrip.

5.5 You acknowledge that participation in tumbling activities without appropriate coaching supervision may significantly increase the risk of serious injury.

5.6 Falsegrip reserves the right to immediately stop, restrict or prohibit any activity undertaken during Open Gym where Falsegrip reasonably believes the activity presents a safety risk to the participant or others.

5.7 You agree to comply with all Open Gym rules, facility rules and directions provided by Falsegrip.

6. RELEASE OF LIABILITY

6.1 To the fullest extent permitted by law, You release and discharge the Falsegrip Released Parties from any and all liability, claims, demands, actions, proceedings, damages, losses, costs and expenses arising from or connected with Your participation in Falsegrip Activities.

6.2 This release applies whether the claim arises in contract, tort (including negligence), statute or otherwise.

6.3 Nothing in this Waiver excludes, restricts or modifies any rights that cannot lawfully be excluded, restricted or modified under Australian law.

6.4 This release does not apply to liability arising from reckless conduct where such liability cannot be excluded by law.

7. INDEMNITY

7.1 You agree to indemnify and hold harmless the Falsegrip Released Parties against any claim, demand, action, loss, liability, damage, cost or expense arising from or connected with:

7.1.1 Your participation in Falsegrip Activities;

7.1.2 Your breach of this Waiver;

7.1.3 Your breach of any Falsegrip policy, procedure or direction;

7.1.4 Any injury, loss or damage caused by Your actions or omissions;

7.1.5 Any claim brought by a third party arising from Your participation in Falsegrip Activities.

7.2 This indemnity includes legal costs on a full indemnity basis.

8. PHOTOGRAPHY, VIDEO & MEDIA CONSENT

8.1 You acknowledge that Falsegrip may photograph, record audio and record video during Falsegrip Activities.

8.2 You consent to the use of photographs, audio recordings and video recordings containing Your image, likeness and voice for marketing, promotional, educational, social media and business purposes.

8.3 No compensation will be payable to You for such use.

8.4 You may withdraw this consent at any time by submitting a written request to Falsegrip.

8.5 Withdrawal of consent will not affect any use that occurred prior to receipt of the written request.

9. PARTICIPANTS UNDER 18 YEARS OF AGE

9.1 Participation by any person under 18 years of age requires acceptance of this Waiver by a parent or legal guardian.

9.2 The parent or legal guardian acknowledges that they have read and understood this Waiver on behalf of the minor participant.

9.3 The parent or legal guardian accepts responsibility for the minor participant’s participation in Falsegrip Activities.

9.4 The parent or legal guardian agrees to indemnify the Falsegrip Released Parties against any claim arising from the participation of the minor participant in Falsegrip Activities.

10. ACKNOWLEDGEMENT OF UNDERSTANDING

10.1 You acknowledge that You have carefully read and fully understood this Waiver.

10.2 You acknowledge that You have had the opportunity to seek independent legal advice before accepting this Waiver.

10.3 You acknowledge that this Waiver is intended to be binding upon You, Your estate, personal representatives, executors, administrators, successors and assigns.

10.4 This Waiver is governed by the laws of New South Wales, Australia.

10.5 If any provision of this Waiver is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

10.6 By signing this Waiver, accepting it electronically, purchasing a Membership Product or participating in Falsegrip Activities, You acknowledge that You have read, understood and agree to be bound by this Waiver.