KVZ Waiver

KVZ Performance Pty Ltd Digital Waiver, Risk Warning, Release, Indemnity, Health Declaration, Media Consent and Member Acknowledgement Business Name: KVZ Performance Pty Ltd ABN: 75 697 828 176 Trading Name: KVZ Performance Facility Address: Unit 53, 3 Jackman Street, Southport QLD 4215 By ticking "I agree", signing electronically, creating a membership, booking a session, attending the facility, or participating in any KVZ Performance activity, I agree to the terms below. This waiver applies to all members, trial participants, casual visitors, personal training clients, open gym users, class participants, event participants, HYROX-style training participants, spectators and any person using or entering KVZ Performance facilities. 1. Pre-Exercise Screening and Health Declaration I confirm that all information I provide to KVZ Performance, including any pre-exercise screening questionnaire, health declaration, medical questionnaire, onboarding form or injury information, is true, complete and accurate. I acknowledge and agree that: 1. I am responsible for disclosing all relevant medical conditions, injuries, illnesses, disabilities, pregnancy, recent surgery, medications, physical limitations or other circumstances that may affect my ability to exercise safely. 2. I will immediately notify KVZ Performance if there is any change to my health, injury status, medical condition, pregnancy, medication or ability to participate safely. 3. I will not participate in any activity if I feel unwell, injured, dizzy, faint, impaired, intoxicated, unsafe or unable to exercise. 4. I will stop exercising immediately and notify a KVZ coach or staff member if I experience pain, chest pain, shortness of breath, dizziness, nausea, faintness, abnormal discomfort or any other concerning symptoms. 5. KVZ Performance staff and coaches are not medical practitioners and do not provide medical advice. 6. I am responsible for seeking medical clearance before participating if I have any medical condition, injury, concern or uncertainty about my ability to exercise. 7. Failure to disclose relevant health or injury information may increase my risk of injury and may limit KVZ Performance's ability to provide a safe training environment. 2. Risk Warning I acknowledge that fitness training, strength and conditioning, functional fitness, HYROX-style training, running, rowing, ski erg, sled push, sled pull, wall balls, lifting, gymnastics-style movements, mobility work, high-intensity interval training, open gym, personal training, group classes, competitions, simulations and events involve obvious, inherent and significant risks. These risks include, but are not limited to: 1. muscle soreness, strains, tears and fatigue; 2. ligament, tendon and joint injuries; 3. back, neck, shoulder, elbow, wrist, hip, knee, ankle and foot injuries; 4. cuts, bruises, abrasions, blisters and impact injuries; 5. slips, trips, falls and collisions; 6. injury caused by equipment, weights, machines, ropes, sleds, rigs, boxes, rowers, ski ergs, wall balls, kettlebells, dumbbells, barbells, plates, bands, mats, cardio equipment or other training tools; 7. overexertion, dehydration, heat illness, fainting, dizziness, nausea or breathing difficulty; 8. aggravation of pre-existing injuries, illnesses or medical conditions; 9. cardiac events, including heart attack; 10. injury caused by my own actions, the actions of other participants, or the nature of a group training environment; 11. serious injury, permanent disability or death. I understand that these risks may arise even when KVZ Performance, its coaches and staff act with reasonable care and skill. I voluntarily accept all obvious, inherent and usual risks associated with attending, using or participating in activities at or with KVZ Performance. 3. Australian Consumer Law and Recreational Services Notice I understand that this waiver is intended to operate as a risk warning, waiver, release and exclusion of liability to the maximum extent permitted under the Australian Consumer Law, the Competition and Consumer Act 2010, the Civil Liability Act 2003 (Qld) and any other applicable laws. To the maximum extent permitted by law, I agree that any statutory guarantees, warranties or rights that may otherwise apply to the supply of recreational services by KVZ Performance are excluded, restricted or modified as set out in this waiver. Nothing in this waiver excludes, restricts or modifies any right, guarantee or liability that cannot lawfully be excluded, restricted or modified. 4. Assumption of Risk I acknowledge and agree that: 1. I participate voluntarily and at my own risk. 2. I am responsible for training within my own physical capability. 3. I am responsible for choosing appropriate loads, pace, intensity, movement standards and participation level. 4. I must ask for assistance if I am unsure how to perform a movement or use equipment safely. 5. I must follow all coach instructions, safety directions, signage, gym rules and equipment-use guidelines. 6. I must not attempt exercises, weights, movements or activities that are beyond my ability or unsafe for me. 7. I understand that coaches may modify, scale or stop my participation if they believe it is unsafe for me or others. 8. I understand that group training environments involve other people moving, lifting, running and training nearby, and I accept the risks associated with that environment. 5. Member Responsibilities I agree to: 1. follow all gym rules, policies, signage and staff directions; 2. treat coaches, staff, members, visitors and neighbours respectfully; 3. not train while impaired by alcohol, drugs, medication or any substance that may affect judgment, coordination or safety; 4. wear suitable clothing and footwear; 5. use equipment safely, correctly and only for its intended purpose; 6. inspect equipment before use and immediately report damaged, faulty or unsafe equipment; 7. return equipment after use; 8. keep walkways, training lanes and emergency exits clear; 9. not misuse, throw, drop or damage equipment except where the movement is expressly permitted and safe; 10. not coach, instruct, spot, supervise or train other members unless authorised by KVZ Performance; 11. not conduct commercial personal training, coaching, consulting, content creation or business activity at KVZ Performance without written approval; 12. comply with all booking, cancellation, attendance, access and membership rules; 13. comply with any reasonable health, hygiene or safety direction issued by KVZ Performance. KVZ Performance may refuse entry, suspend access, cancel a booking or terminate participation where it considers there is a safety, behavioural, operational, reputational or legal concern. 6. HYROX-Style Training, Events and Competitions I understand that KVZ Performance may provide HYROX-style training, functional fitness, simulations, testing days, competitions, events and related training. These activities may involve increased intensity, fatigue, time pressure, running, loaded carries, sled work, rowing, ski erg, wall balls, lunges, burpees and other demanding exercises. I acknowledge that I am responsible for pacing myself, scaling movements, advising coaches of limitations and stopping if I feel unsafe. I understand that KVZ Performance may be a HYROX affiliate or training provider, but it is not responsible for the rules, operations, entry conditions, decisions or conduct of HYROX or any external event organiser. 7. Release of Liability To the maximum extent permitted by law, I release KVZ Performance Pty Ltd, its directors, officers, employees, coaches, contractors, agents, volunteers, landlords, sponsors, affiliates and related entities from all claims, demands, actions, losses, damages, costs, expenses and liabilities arising from or connected with: 1. my participation in activities at or with KVZ Performance; 2. my use of KVZ Performance facilities or equipment; 3. any injury, illness, death, loss or damage suffered by me; 4. the actions or omissions of other participants; 5. my failure to follow instructions, gym rules, safety warnings or staff directions; 6. my failure to disclose relevant health, injury or medical information; 7. any incident arising from an obvious or inherent risk of recreational activity. This release applies whether the claim arises in negligence, contract, statute or otherwise, except to the extent liability cannot lawfully be excluded. 8. Indemnity To the maximum extent permitted by law, I indemnify KVZ Performance Pty Ltd and its directors, officers, employees, coaches, contractors, agents, volunteers, landlords, sponsors, affiliates and related entities against any claim, loss, damage, cost or expense arising from or connected with: 1. my breach of this waiver; 2. my negligent, reckless or intentional conduct; 3. my misuse of equipment; 4. my failure to follow instructions, policies, gym rules or safety directions; 5. any injury, loss or damage I cause to another person; 6. any damage I cause to KVZ Performance property, equipment, facilities or premises; 7. any failure by me to disclose relevant health, injury or medical information. 9. Equipment and Property Damage I agree to use all equipment, property and facilities safely, properly and only for their intended purpose. I acknowledge that I may be responsible for the reasonable cost of repair, replacement or cleaning if I damage KVZ Performance equipment, property or facilities due to misuse, negligence, deliberate conduct, failure to follow instructions or breach of gym rules. I must immediately report damaged, faulty or unsafe equipment to KVZ Performance. 10. Personal Belongings I am responsible for my own belongings. To the maximum extent permitted by law, KVZ Performance is not liable for any loss, theft or damage to personal property brought into or left at the facility, including phones, wallets, bags, clothing, jewellery, watches, vehicles or valuables. 11. Emergency Medical Treatment If I suffer an injury, illness or medical event while at KVZ Performance or participating in a KVZ Performance activity, I authorise KVZ Performance staff to take reasonable steps to assist me. This may include: 1. providing or arranging first aid; 2. calling an ambulance or emergency services; 3. contacting my emergency contact; 4. providing relevant information to emergency responders; 5. taking any other reasonable step considered necessary in the circumstances. I understand that I am responsible for any ambulance, medical or related costs incurred. 12. Photos, Video, Recording and Media Consent I understand and agree that KVZ Performance may photograph, film, record or otherwise capture my image, voice, likeness, name, performance, training activity, results, attendance and participation while I am at the facility or involved in KVZ Performance activities. I grant KVZ Performance Pty Ltd a perpetual, worldwide, royalty-free, irrevocable licence to use, reproduce, edit, publish, display, distribute, communicate and adapt this content for business, marketing, promotional, educational, social media, website, advertising, internal training, community and commercial purposes. This includes use on Instagram, Facebook, TikTok, YouTube, LinkedIn, websites, email marketing, digital advertising, printed materials, presentations, podcasts, reels, stories, livestreams and future media platforms. I understand and agree that: 1. I will not be paid for the use of this content; 2. KVZ Performance owns the content it captures; 3. KVZ Performance may edit, crop, caption, overlay, subtitle, colour grade or combine the content with other material; 4. KVZ Performance may use AI-assisted editing tools, provided the content is not used to falsely represent me in a misleading or harmful way; 5. I waive any right to inspect or approve the final content before publication; 6. I waive any moral rights or similar rights to the extent permitted by law; 7. I will not make any claim against KVZ Performance for the use of the content in accordance with this consent. If I do not want to be intentionally photographed, filmed or recorded for marketing content, I must notify KVZ Performance in writing. KVZ Performance will take reasonable steps to avoid intentionally featuring me in future marketing content, but I acknowledge that incidental appearance in the background of group classes, events, facility footage or social media content may still occur. 13. CCTV and Facility Monitoring I acknowledge that KVZ Performance may use CCTV, security cameras, access-control systems and other monitoring systems at the facility for safety, security, incident management, theft prevention and operational purposes. CCTV footage may be reviewed by authorised persons and may be provided to insurers, police, emergency responders, legal advisers or regulators where reasonably required. 14. Performance Data, Results and Leaderboards I understand that KVZ Performance may record, store and display workout results, benchmark scores, attendance data, class bookings, performance statistics, challenge results, competition results and progress information. This may include results displayed in the facility, within member software, on leaderboards, in event results or in KVZ Performance community communications. If I do not want my name or results publicly displayed, I must notify KVZ Performance in writing. 15. Communication Consent I consent to KVZ Performance contacting me by email, SMS, phone, app notification, direct message or other electronic means regarding: 1. membership administration; 2. bookings and class updates; 3. billing and payment matters; 4. safety or emergency issues; 5. events, challenges and community updates; 6. gym news, offers and marketing. I understand that I may opt out of marketing communications where required by law, but KVZ Performance may still contact me about important membership, safety, billing or operational matters. 16. Privacy Collection Notice KVZ Performance may collect personal information, health information, emergency contact details, images, videos, performance data and membership information for the purpose of: 1. operating the gym; 2. managing memberships and bookings; 3. providing fitness services; 4. assessing health and safety risks; 5. responding to incidents and emergencies; 6. processing payments; 7. communicating with members; 8. marketing and promoting the business; 9. complying with legal, insurance and regulatory obligations. KVZ Performance will handle personal information in accordance with applicable privacy laws. 17. Infectious Illness and Hygiene I agree not to attend the facility or participate in KVZ Performance activities if I have a contagious illness, symptoms of infectious disease, fever, vomiting, diarrhoea or any condition that may put others at risk. I agree to follow reasonable hygiene, cleaning, towel, footwear and health directions issued by KVZ Performance. 18. Behaviour, Respect and Code of Conduct I agree that KVZ Performance is a respectful, inclusive and performance-focused training environment. I must not engage in: 1. harassment, bullying, discrimination or intimidation; 2. aggressive, threatening or abusive behaviour; 3. sexual harassment or inappropriate conduct; 4. unsafe training behaviour; 5. filming or photographing others without permission; 6. damage to property; 7. theft or dishonesty; 8. conduct that harms or may harm the reputation, safety or community of KVZ Performance. KVZ Performance may immediately refuse entry, suspend access, cancel bookings or terminate membership if it considers that my behaviour is unsafe, inappropriate or inconsistent with the standards of the facility. 19. Minors If the participant is under 18 years of age, a parent or legal guardian must accept this waiver on their behalf. The parent or guardian confirms that: 1. they have authority to accept this waiver for the minor; 2. they consent to the minor participating in KVZ Performance activities; 3. they accept the risks on behalf of the minor; 4. they agree to the release, indemnity, media consent and other terms on behalf of the minor to the maximum extent permitted by law; 5. they will ensure the minor follows all gym rules, policies and staff directions. 20. Electronic Acceptance I acknowledge and agree that ticking "I agree", electronically signing this waiver, completing my membership registration, booking a session or attending KVZ Performance constitutes my acceptance of this waiver. My electronic acceptance has the same legal force and effect as a handwritten signature. I confirm that I have read, understood and agreed to this waiver before participating. 21. Ongoing Application This waiver applies to every visit, booking, class, open gym session, personal training session, event, competition, seminar, workshop, program, trial, casual visit and activity I participate in at or with KVZ Performance, unless replaced by a newer version. KVZ Performance may update this waiver from time to time. Continued use of the facility or participation in KVZ Performance activities after being notified of updated terms constitutes acceptance of the updated terms. 22. Severability If any part of this waiver is found to be invalid, unenforceable or ineffective, the remaining parts continue to apply to the maximum extent permitted by law. 23. Governing Law This waiver is governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland and any courts entitled to hear appeals from those courts. 24. Final Acknowledgement By accepting this waiver, I confirm that: 1. I have read and understood this document; 2. I understand the risks involved in participating; 3. I have had the opportunity to ask questions; 4. I am participating voluntarily; 5. the information I have provided is true, complete and accurate; 6. I agree to be bound by this waiver.