HEALTH AND FITNESS WAIVER

I acknowledge that my participation in Apex Strength Society's (Apex Strength Society Pty Ltd (ACN 621 216 813) trading as Apex Strength Society (referred to in this waiver as “Apex Strength Society”) programs, including (but not limited to) personal training, exercise programs, fitness memberships, courses, seminars, routines, and general physical activities, whether delivered online or in person (“Programs”), as well as the use of any exercise equipment (“Equipment”), is subject to this Health and Fitness Waiver (“Waiver”), in conjunction with Apex Strength Society's Website Terms and Conditions and Privacy Policy.

1. CAPACITY TO CONTRACT

1.1. I warrant and agree that I have the capacity to agree to the terms of this Waiver and be legally bound by them.

1.2. I acknowledge that I have read and understood the terms of this Waiver prior to signing the Waiver, and have sought professional and/or legal advice should I require clarification on any aspect of the Waiver

1.3. I acknowledge that Apex Strength Society will rely upon any information I provide as being accurate to the extent of my knowledge.

2. MEDICAL CONSULTATION

2.1. I understand the importance of consulting a medical professional to assess any pre-existing medical conditions or injuries before participating in the Programs or using the Equipment. If any medical conditions or injuries arise during my participation, I agree to seek further medical advice and follow their instructions accordingly.

2.2. I have consulted a medical professional if I have knowledge of any pre-existing medical conditions or injuries and have been cleared to participate in the Programs and use the Equipment accordingly.

2.3. I warrant that I am medically fit to participate in the activities that form part of the Programs. I accept full responsibility for my own physical and mental health and the ways in which they may be impacted by the Programs.

2.4. I will consult a medical professional if I become aware of any medical conditions or sustain any injury and abide by their instructions as to my capacity to participate in the Program or use the Equipment.

3. DISCLOSURE OF MEDICAL INFORMATION

I will disclose any existing medical conditions or injuries, both before and after agreeing to this Waiver, to Apex Strength Society. I understand and acknowledge that Apex Strength Society may refuse my participation in the Programs based on this information

4. PERSONAL PHYSICAL LIMITS

4.1. I take full responsibility for selecting Programs and using Equipment that align with my abilities and skill level. I agree not to exceed my personal physical limits during participation and to use the Equipment in a manner consistent with its intended design and purpose.

4.2. I agree to conduct myself in a reasonable manner at all times, and to refrain from using any Equipment in a manner inconsistent with its intended design and purpose.

5. SAFETY IN EXTERNAL ENVIRONMENTS

I acknowledge that I am responsible for ensuring the safety of any environment where I choose to participate in the Programs, including (but not limited to) removal of potential hazards.

6. PERSONAL BELONGINGS FOR ON-PREMISE SESSIONS

I acknowledge that I will be responsible for securing my personal valuables while at Apex Strength Society and Apex Strength Society cannot accept responsibility for any losses or damages incurred to personal items.

7. ASSUMPTION OF INHERENT RISKS

7.1. I understand that Apex Strength Society is not responsible for any inherent risks that may arise out of using any Equipment, including (but not limited to) injuries that occur as a direct or indirect result of negligence, misuse, setup, or Equipment failure.

7.2. These inherent risks may include, but are not limited to:

a) Equipment Failure
While Apex Strength Society endeavours to provide safe and properly functioning equipment, I understand that equipment failure can occur due to various factors, including manufacturing defects, normal wear and tear, or improper use. I acknowledge that Apex Strength Society is not the manufacturer of the Equipment, and any equipment failure resulting from manufacturing defects is subject to the terms of the manufacturer's warranty.

b) Personal Physical Limits
I acknowledge that I have the responsibility to select Programs and use Equipment that align with my abilities and skill level. I understand that exceeding my personal physical limits or using the Equipment inappropriately may lead to injuries or accidents.

c) Health Conditions
I recognise the importance of consulting a medical professional to assess any pre-existing medical conditions or injuries before participating in the Programs or using the Equipment. I acknowledge that Apex Strength Society is not responsible for any health complications that may arise during my participation in the Programs or use of the Equipment.

7.3. I acknowledge that it is my responsibility to use the Equipment correctly and safely. I agree to follow all provided instructions and guidelines and to seek assistance from Apex Strength Society's staff or trainers if needed.

8. INDEMNIFICATION AND RELEASE

8.1. I acknowledge that I voluntarily participate in the Programs and use any associated Equipment at my own risk, and indemnify and release Apex Strength Society and its owners, shareholders, directors, officers, employees, contractors, agents, successors and assigns from any and all liabilities, claims, demands, expenses and losses that may arise as a result of or in connection with my participation in the Programs or use of the Equipment, including (but not limited to) damage to property, personal injury (whether minor or serious), health complications or the aggravation of an existing condition.

8.2. I understand that Apex Strength Society strives to maintain a safe environment and provide qualified instructors and trainers. However, I acknowledge that Apex Strength Society cannot guarantee my safety or eliminate all risks associated with the Programs and Equipment.

8.3. I agree to take full responsibility for my actions during the Programs and use of the Equipment, and I will exercise reasonable care to prevent injury to myself and others.

8.4. For on-premise sessions
In case of any medical emergency or injury, I authorise Apex Strength Society to seek medical attention on my behalf if necessary.

9. ONLINE PROGRAM SPECIFIC TERMS

9.1. I understand and acknowledge that whilst participating in the Program, in addition to the general terms and conditions mentioned above, I understand and agree the following specific terms for participating in the online Program:

a) Technical Requirements
I acknowledge that it is my responsibility to ensure that I have the necessary technical requirements, including a stable internet connection, compatible devices, and software, to access and participate in the online Program.

b) Online Conduct
I agree to conduct myself in a respectful and appropriate manner during the online event. I will adhere to any guidelines, codes of conduct, or instructions provided by Apex Strength Society regarding online behaviour, interactions, and sharing of content.

c) Data Security
I understand that participating in the online Program may involve sharing personal information and data. I agree to take necessary precautions to protect my personal information and ensure the security of my devices and accounts. Apex Strength Society will not be liable for any data breaches or security incidents that occur on my end.

10. RECORDING AND PRIVACY

I acknowledge that my participation in the programs whether in person or online may be recorded by Apex Strength Society for various purposes, including but not limited to, archiving, sharing with participants, or future promotional use. Apex Strength Society will advise me of any recording taking place I will be afforded the opportunity to decline any recording which focuses on myself as an individual. I consent to recordings which are of the whole group and understand that my participation may be visible to other participants. I will respect the privacy and confidentiality of other participants and will not share any recorded or confidential event materials without explicit permission from Apex Strength Society.

11. SEVERABILITY

If any provision of this waiver and release is found to be unenforceable or invalid, the remaining provisions shall continue to be binding and enforceable to the fullest extent permitted by law. I attest that all the information I have supplied within this Waiver is true and complete.

12. MEDICAL ATTENTION

If I require medical attention at any time during a Program, I acknowledge and consent to Apex Strength Society sharing relevant information with emergency response or paramedic personnel and I will be solely responsible for any costs associated with said treatment.

13. GOVERNING LAW AND JURISDICTION

This Waiver shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any dispute arising out of or in connection with this Waiver, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.