MADE BY MOVEMENT: PARTICIPATION WAIVER
Warning: This is an important document which affects your legal rights and obligations. Please read it carefully and do not agree to it unless you are satisfied you understand it.
For and in consideration of MADE BY MOVEMENT LTD granting me permission to attend and participate in a Made By Movement class, course or workshop online and as a condition of entry, I HEREBY AGREE to the following terms and conditions:
Terms of Service included & agreed to upon signing up to on demand and live content with Made by Movement:
Always consult physician or health care professional before participating/performing exercise or any other fitness class for your own safety. Consulting a health care professional is advised to determine if this is right for your physical condition and needs. By participating in the exercises, you are performing them at your own risk. You should understand that when participating in any exercise or exercise class, there is the possibility of physical injury. If you engage in this exercise, you agree that you do so off your own accord i.e. voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Made by Movement from any and all losses, liabilities, injuries or damages resulting from any and all claims. All content provided in class belongs to Made by Movement. If pregnant, consult with your health-care practitioner before working out.
Should you have any concerns regarding any aspect of your health prior to the yoga sessions, you should consult your doctor and receive medical clearance before participating.
It is important that you read and understand the terms and conditions of this waiver.
- I wish to participate in the yoga sessions (collectively hereinafter called “the Sessions”).
- I am eighteen years or older.
- I acknowledge that any information or guidance provided to me during the Sessions is not a substitute for the consultation, diagnosis or medical treatment of my doctor, physiotherapist or healthcare provider.
- I will not rely on any information or guidance provided to me in the Sessions as an alternative to medical advice from my doctor, physiotherapist or healthcare provider.
- I certify that to the best of my knowledge I do not have a medical condition which might make it more likely that my participation in the Sessions results in injury. I understand that if I think I am suffering from a medical condition, I should seek immediate medical attention from a healthcare provider.
- I understand that if I am pregnant, that all the Sessions are carried out at my own risk and that of my unborn child/children. I certify that I have been given permission by my doctor or other healthcare provider to practice yoga and to the best of my knowledge do not know of any reason why I should not take part in the Sessions.
- I acknowledge that if I have had surgery which has affected my range of motion and/or have received specific movement precautions from my doctor, physiotherapist or healthcare provider, I will adhere to those specific movement precautions regardless of the instructions given in the Sessions.
- I understand that if I experience any pain or discomfort during the Sessions, I should stop exercising immediately and seek medical attention if necessary.
- I understand that I am advised to warm up before the Sessions and should only attempt positions at my level.
- I acknowledge that in live classes, the yoga instructor will offer hands on assistance from time to time and I shall inform the yoga instructor if I do not want to be given hands on assistance.
- I understand that the Sessions involve risk of bodily injury. I expressly agree and promise to accept responsibility for any and all risks existing and subsisting in any of the Sessions from time to time, and acknowledge that my participation in the Sessions is voluntary and that I am taking part despite the risks. As a result of participating in the Sessions, I agree to any consequences except liability for death or personal injury caused by negligence.
- I, my heirs or legal representatives forever release waive, discharge and covenant not to sue the yoga instructor for any injury or damage resulting from my participation in the Sessions. I release all instructors and participants, their agents and heirs, from any and all actions, causes of action, lawsuits, claims, or demands that I, my assignees, heirs, guardians, and legal representatives now have or hereafter may have for any and all injury, illness, loss of or damage to property associated with my participation in the Sessions.
By starting free trial, I acknowledge that I have read, understood and accepted the terms of the above waiver and conditions.
Risk Warning, Acceptance of Risks, Release and Indemnity
- I am aware that participating in exercise contains elements of risk, both obvious and inherent, and that by participating in a Class I will be exposed to such risks. The risks involved may result in property damage and/or personal injury including disease and death.
- I fully appreciate the nature and extent of all risks involved and by participating in a Class I freely, voluntarily and absolutely ACCEPT ALL RISKS howsoever arising out of or in relation to my participation in the Class, whether caused by the negligence of Made By Movement LTD and the Associated Entities, or otherwise.
- By entering a Class I vouch that have no known medical conditions which would preclude me from participating. I will immediately notify Made By Movement LTD in writing of any change to by fitness and ability to participate.
- To the full extent permitted by law, I agree to WAIVE all and any claim, right or cause of action which I or my heirs, successors, executors, administrators, agents and assigns might otherwise have against any one or more of Made By Movement LTD and the Associated Entities for or arising out of Death, Illness or Injury which I may suffer or sustain in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of Made By Movement LTD and the Associated Entities, or otherwise.
- To the full extent permitted by law, I agree to RELEASE AND DISCHARGE Made By Movement LTD and the Associated Entities from all liability to me, my personal representatives, heirs and next of kin, for Death, Illness or Injury which I may suffer or sustain in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of Made By Movement LTD and the Associated Entities, or otherwise.
- To the full extent permitted by law, I agree to INDEMNIFY AND HOLD HARMLESS Made By Movement LTD and the Associated Entities against all claims, demands, actions, suits, proceedings, damages, costs, losses, expenses or liabilities of any kind, including legal costs, that may be brought or made by any person for Death, Illness or Injury arising out of or as a consequence of my acts or omissions in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of Made By Movement LTD and the Associated Entities, or otherwise.
- I agree that the liability of Made By Movement LTD in relation to any recreational service (as defined in section 139A of the Competition and Consumer Act 2010 (Cth)) and any recreational activity (as defined in the Civil Liability Act 2002 (NSW)) for any:
- physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or
- contraction, aggravation or acceleration of a disease; or
- 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 is or may be harmful or disadvantageous to the individual or community; or
- that may result in harm or disadvantage to the individual or community,
that I may suffer (or a person on whose behalf I acquire the services may suffer) is EXCLUDED.
- By accepting this agreement I acknowledge and agree that (a) the assumption of risk and warning above constitutes a “risk warning” in accordance with and for the purposes of the Civil Liability Act 2002 (NSW); and (b) I have been given notice that certain statutory rights and in particular guarantees under Commonwealth and/or State consumer laws have been excluded, restricted or modified by this Agreement including in particular in the manner set out above.
Medical Information and Treatment
- I understand that I should not participate in a Class unless I have trained appropriately and a qualified medical practitioner has verified my medical and physical condition. I agree that I remain responsible for my own health care.
- I undertake to stop exercising immediately if I experience faintness, dizziness, pain or shortness of breath at any time.
- I agree that in the event that I become ill or injured in the course of my attendance at or participation in a Class, I will consent to receive any medical treatment, including without limitation physical examination, first aid, defibrillation and ambulance transportation that Made By Movement LTD or Associated Entities think desirable.
Personal Information and Publicity
Safety and Insurance
- I acknowledge and agree that any safety precautions undertaken by Made By Movement LTD and Associated Entities are a service to me and not a guarantee of my safety.
- I acknowledge and agree that any insurance cover affected for participants in a Class may not cover me for any or all death, injury, loss or damage sustained by me.
- I acknowledge that Made By Movement LTD may, in its absolute discretion, amend the prices for goods and services. Unless otherwise specified, all prices for goods and services are inclusive of GST.
- I acknowledge and agree that passes are not refundable, extendable, or transferrable unless otherwise agreed by Made By Movement LTD. Persons found sharing their passes may have their pass terminated or suspended by Made By Movement LTD.
Online Membership Payment
- The membership fee will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. We automatically bill your payment method each month or year on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change our billing timing, in particular, if your payment method has not successfully been charged.
- Payments are non-refundable and there are no credits for partially used periods. Following a cancellation, however, you will continue to have access to your online membership through to the end of your current billing period.
Online Membership Cancellations
- You may cancel your online membership at any time for any reason. To cancel your recurring subscription, please visit your online membership settings.
- Following a cancellation, you will lose access to your membership at the end of your billing period, either monthly or annually.
- I agree that Made By Movement LTD may terminate my membership or pass without notice for illegal, offensive or inappropriate behaviour, as determined by Made By Movement LTD, which occurs on Made By Movement LTD’s premises or is directed at Made By Movement LTD staff, members or participants.
Basis of Agreement
I agree that:
- These Terms and Conditions apply exclusively to the provision of goods and services by Made By Movement LTD to me and cannot be replaced or varied without the written agreement of Made By Movement LTD.
- Made By Movement LTD may vary or amend these Terms and Conditions at any time by written notice published on the website https://www.hustl.com.au/. Any amendment or variation will operate from the date specified in the written notice. If no date is specified, the amendment or variation will come into effect 4 weeks after the notice.
- These Terms and Conditions shall be governed by and construed according to the law of New South Wales, Australia, and I submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
Defined Terms and Interpretation
- In this agreement, unless the contrary intention appears or the context otherwise requires, these words have the following meanings:
- Associated Entities means all persons, corporations and entities other than Made By Movement LTD that are in any way connected with organising, promoting, sponsoring, supporting, running or staging a Class or receiving benefits from a Class, and includes without limitation the officers, directors and employees of Made By Movement LTD or its related bodies corporate (as defined in the Corporations Act 2001 (Cth)).
- Death, Illness or Injury means (a) death; (b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (c) the contraction, aggravation or acceleration of a disease; (d) 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: (i) that is or may be harmful or disadvantageous to the individual or community; or (ii) that may result in harm or disadvantage to the individual or community.
Personal Information has the meaning given to that expression under the Privacy Act 1988 (Cth), and includes without limitation my name, email address, phone number, place of residence, occupation, age, height and weight.
In this agreement, unless the context otherwise requires, a reference to a person, corporation or entity includes a reference to its officers, directors, servants, employees, agents and representatives.
To the extent that the obligations I have under this agreement are not directly enforceable by any person for whose benefit they have been given, I agree that any such obligation may be enforced by Made By Movement LTD on behalf of those persons