Assumption of Risk & Waiver of Liability Agreement
You only complete this form once on your first time in to Inside Out Active Recovery
Why you're reading this document
The purpose of this release waiver of liability agreement (the “Waiver”) is to openly communicate the risks of receiving our services, and have you agree to assume those risks and forever waive, release, agree not to sue and hold harmless Inside Out Active Recovery of any liability to the extent permitted by law.
If you are under the Age of Majority, your legal guardian must also sign this Waiver on your behalf.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.
Parties. We will refer to Inside Out Active Recovery Pty Ltd, a limited liability company based in Australia, as "Inside Out Active Recovery", "us","we", or "our", and we'll refer to you, the undersigned (electronically or by hand) or person who has clicked "I Agree" to this Waiver, as "you" or "your"
The Activities. You may participate, in person or online, in the sports recovery and wellness classes, sessions, events, workshops and more with Inside Out Active Recovery. We offer different levels of relaxing and energising memberships and classes, all of which may involve but are not limited to the following
Contrast pools, infrared sauna, hyperbaric oxygen therapy, cryotherapy, red light therapy, compression therapy, Theragun massage, and breathwork.
Equipment. In the course of the Activities, you will use a variety of equipment. Please let us know if you have any questions regarding your use of our equipment or our facilities.
Please do not use any equipment not instructed by Inside Out Active Recovery.
Inherent Risks. You understand that participating in the Activities poses inherent risks, some more obvious or more serious than others. In very rare and extreme circumstances, the risks could result in serious injury or death.
Risks may include but are not limited to things like muscle tears, strains, musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, and fainting.
Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or Equipment.
Additional risks of Activities for pregnant or post-natal women to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.
Affirmation of Health. By participating in any Activities with Inside Out Active Recovery, you affirm that you have sought medical advice regarding your fitness and are certain of your ability to the Activities. If you have any pre-existing medical conditions (e.g. asthma, diabetes, heart disease), physical injuries, weakness, are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. You agree to communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.
COVID-19 & Infectious Disease. If at any point within 14 days prior to participating in any of the Activities, you have suffered from symptoms of a communicable disease (including but not limited to fever, chills, cough, shortness of breath, or sore throat), been in close contact with someone with a known or suspected case or in a hot spot area, or else are uncertain of your health or risk of transmission, you agree not to join or participate in the Activities and you should consult with your doctor. You agree to comply with all measures and policies implemented by Inside Out Active Recovery and applicable public health guidelines as updated, including but not limited to wearing masks, personal hygiene and social distancing, and allowing your temperature to be checked before arriving to class.
Consent to Cooperate with Contact Tracing. You understand and agree that Inside Out Active Recovery may disclose your personal information to the relevant authorities as required by law and policies related to the containment of COVID-19 through contact tracing or for other lawful purposes.
Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Inside Out Active Recovery. Your signature below, electronic signature or clicking 'I Agree', and your participation in the Activities with Inside Out Active Recovery illustrates your voluntary engagement and assumption of the risks of the Activities. For the purpose of the Civil Liability Act 2002 (NSW), Civil Liability Act 2002 (WA), Civil Liability Act 2003 (QLD), Civil Procedure Act 2010 (VIC), Personal Injuries (Liabilities and Damages) Act 2003 (NT), Civil Law (Wrongs) Act 2002 (ACT), section 139 of the Competition and Consumer Act 2010 (Cth) and any other applicable civil liability legislation, you acknowledge that the Activities are recreational services and are dangerous and that there is a significant and obvious risk to your health and safety by participating in the Activities.
Waiver of Liability and Indemnity. By signing this Waiver, you acknowledge, agree and understand that, to the full extent permitted by law, you release, hold harmless, indemnify and waive any claims against Inside Out Active Recovery Pty Ltd, its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the "Released Parties") from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of Inside Out Active Recovery's negligence, except for personal injury caused by the Released Parties' reckless misconduct, during your participation in the Activities with Inside Out Active Recovery.
You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing Activities, classes, session, events, workshops, and more, whether in person, online, or via video conferencing tool.
General Legal Provisions.Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State or Territory in which the Activities are held, which is in the province of Queensland. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of Queensland. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect.
Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Online Agreement.
We agree that this Waiver may be signed electronically or agr@ed to by having you click "I Agree", the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of this Waiver.