DAMAGE AND PERSONAL INJURY. (a) Members must sign the Conditions for Use before using the Facilities.
(b) Members acknowledge and agree that they are using the Facilities at their own risk and that the use of the Facilities may involve risk of damage and injury, whether to the Members or to any other person.
(c) To the extent permitted by law, AV shall not be held liable to the Members in tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Members and/or any other person, or for any costs, charges or expenses incurred by the Members, arising from or in connection with this Agreement and/or the Facilities and the Gear unless such injury, damage or loss is caused as a result of the gross negligence of AV.
(d) Members agree to indemnify and keep indemnified AV against all and any claims that may be made by the Members or any other person accompanying the Member at the Premises.
DAMAGE AND PERSONAL INJURY. (a) The Applicant agrees that use of the Gym is solely at the Applicant’s own risk, and the Applicant uses the Gym and all associated facilities on an “as is where is” basis.
(b) The Applicant warrants that they are physically and medically fit to undertake activities at the Gym and that they have sought advice from medical professional about their suitability to carry out activities at the Gym.
(c) The Applicant acknowledges that there may be inherent dangers and high risk to persons and property posed by factors including but not limited to the following, and the Applicant understands and accepts those risks when using the Gym:
(i) the nature of the Gym including any equipment;
(ii) the condition of the Gym including any equipment;
(iii) the presence of hard and/or uneven surfaces and the consequent risk of trips, slips and falls;
(iv) the intentional, careless, reckless, or negligent acts and omissions of persons at the Gym, including persons not authorised to be there.
(d) Council (including its employees, representatives, contractors, or any associated entity who performs services on behalf of Council) is not liable to the Applicant in contract, tort or otherwise whatsoever for any loss or damage (including consequential loss) to any person or property arising from occupation and use of the Gym by the Applicant or others, including but not limited for:
(i) death, illness, or injury suffered at the Gym by the Applicant or any other person, howsoever caused; or
(ii) loss or destruction of or damage to property at the Gym, howsoever arising.
(e) The applicant indemnifies Council from and against any claim, damage, loss, or expense suffered by Council or others as a result of the use of the Gym by the Applicant.
DAMAGE AND PERSONAL INJURY. (a) The Member must sign the Liability Waiver Form before using the facilities provided by Ninja Academy at the Centre.
(b) The Member acknowledges and agrees that the Member is using the facilities provided by Ninja Academy at the Centre at the Member’s own risks and that the use of the Centre may involve risk of injury, whether caused by the Member or another party.
(c) The Member further acknowledges and agrees that there is no relationship of employer and employee between Ninja Academy and the Instructors at the Centre and that Ninja Academy shall not be liable in any way whatsoever to the Member for any acts or omissions of such Instructors.
(d) To the extent permitted by law, Ninja Academy shall not be held liable to the Member in tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with this Agreement and/or the equipment and facilities provided by Ninja Academy unless such injury, damage or loss is caused as a result of a negligent act or omission of Ninja Academy.
(e) The Member indemnifies and keeps indemnified Ninja Academy against all and any claims that may be made by the Member or the Member on behalf of a Minor or any other non-Member accompanying the Member.
DAMAGE AND PERSONAL INJURY. To the extent permitted by law, The Gym Glenelg and DebitSuccess excludes any liability to the Member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with this Membership Agreement and/or the services/products provided by The Gym Glenelg and/or DebitSuccess, and/or any act or omission of The Gym Glenelg and/ or DebitSuccess.
DAMAGE AND PERSONAL INJURY. You will be fully responsible to us for:
(a) any loss or damage to the Vehicle during the Hire Period, or otherwise when the Vehicle is in your or a Driver’s possession, notwithstanding whether the loss or damage was yours or the Driver’s fault, and must give reasonable notice to us in writing of any such loss or damage; and
(b) all personal injury or damage to the property of any person or any other vehicle which is caused or contributed to by the Vehicle during the Hire Period, or otherwise when the Vehicle is in your or the Driver’s possession.
DAMAGE AND PERSONAL INJURY a. To the extent permitted by law, You agree that Your use of the Facilities is at Your own risk. You acknowledge that Your use of the Facilities may involve physical exertion and physical risk and could result in death, physical or mental injury, the contraction of a disease or any other condition, circumstance or impairment that is harmful of disadvantageous to You.
b. Subject to clause 13(c), You acknowledge and agree that neither We nor Our employees, agents or contractors will be responsible or liable for (and You forever release Us from, hold Us harmless and waive all rights in respect of) any loss, damage, expense, liability, action, claim or proceeding suffered or incurred by You or any other party in connection with Your use of the Facilities as a result of:
i. death;
ii. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
iii. the contraction, aggravation or acceleration of a disease; or
iv. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that may be harmful or disadvantageous, or may result in harm or disadvantage, to You or another person.
c. Clause 13(b) does not apply to the extent that You suffer significant personal injury that is caused by Our reckless conduct. Our conduct is deemed to be reckless if We are aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person and We engage in the conduct despite the risk and without adequate justification.
d. You agree to indemnify Us and Our employees, agents and contractors from and against any loss, damage, expense, liability, action, claim or proceeding suffered or incurred by Us in connection with Your negligent or wilful use of the Facilities or Your breach of this Agreement, except to the extent that the loss, damage, expense, liability, action, claim or proceeding is caused by Our negligent or wilful conduct.
e. Nothing in this Agreement is intended to exclude or limit Your rights under any law that cannot be excluded or limited and this Agreement is to be read and construed accordingly.
