Wavier

Before we get to the fun stuff and have you join us to work up a sweat in our studio, there is some legal jargon we need you to read and agree to. You should speak to us if you do not understand any part of this document.

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.

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.

▪ In consideration of Radley Holdings Pty Ltd ACN 070 636 010 as trustee for the Radley Family Trust trading as Sweaty AF, ABN 65 822 416 634 (“Sweaty AF”) allowing me access to the studio, I acknowledge that I have voluntarily chosen to participate in the training activities provided by Sweaty AF and assume all risks of injury, illness or death.

▪ I understand that physical exercise is inherently risky for serious injury and I acknowledge that I have been informed of the possible strenuous nature of the training and the potential for undesirable physiological results including, but not limited to, abnormal blood pressure, muscle soreness, fainting, heart attack and/or death. I understand that should I feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, I am to immediately stop the activity and inform my trainer.

▪ Sweaty AF urges you to obtain a physical examination from a licensed physician before using any exercise equipment or participating in any exercise activity.

▪ Sweaty AF urges you not to bring any valuable possessions into the studio as Sweaty AF shall not be held responsible for any loss or damage to your personal property.

▪ To the full extent permitted by law, I agree to WAIVE ANY AND ALL CLAIMS that I have or may have in the future against Sweaty AF, and its directors, officers, employees, agents, volunteers and independent contractors (all of whom are hereinafter collectively referred to as “the Releasees”). ▪ To the full extent permitted by law, I agree to RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of my participation in the programs, activities and services provided by Sweaty AF, due to any cause whatsoever including negligence, breach of contract, or breach of any statutory or other duty of care. I agree to HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of, or personal injury to, any third party, resulting from my participation in any program, activity or service provided by the Releasees.

I confirm that I have carefully read the above and am aware that by signing this document I am waiving certain legal rights that I may otherwise have (including the right to sue).

I agree that any questions I may have had were addressed by Sweaty AF before I signed this form.

Name: __________________________ DOB: ________________________

Signature: ______________________ Date Signed: ________________