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Participation Agreement

Waiver and Assumption of Risk Conditions

1. Introduction

You are registering to participate in a health and fitness program ("Program") provided by Steven Halligan trading as Halligan's Fitness ("we", "us"). Before commencing the Program, you are required to complete a Pre-Exercise Screening Form truthfully and accurately. By submitting this web form, you confirm that:

(a) You have read and understood this document;

(b) You agree to its terms and conditions; and

(c) You understand that we are not providing medical advice and will rely on the information you provide in the Pre-Exercise Screening Form when delivering the Program.

If you have any questions about this agreement, you should contact us before submitting the form. You may also wish to seek independent advice.

2. Privacy

When you register for the Program, we collect and store the personal information you provide. This information is stored securely in an electronic database accessible only to our team and authorised IT service providers. In some cases, a hard copy may be stored securely.

We collect your personal information solely to:

(a) Identify the services you require;

(b) Provide those services to you;

(c) Communicate with you about our services (to which you now consent).

You can withdraw consent to receive communications from us at any time by notifying us in writing.

We will not share your personal information with any third party, including your employer. However, in a medical emergency, we may disclose relevant personal information to medical service providers.

You have the right to access your personal information with reasonable notice and may request corrections to any inaccuracies.

3. Assumption of Risk

By submitting this form, you acknowledge, understand, and agree that:

(a) You are medically and physically fit to participate in the Program and have disclosed any condition that may increase your risk of injury or illness;

(b) Participation in the Program (including the use of exercise equipment and weights) involves inherent risks, which you voluntarily assume;

(c) These risks may include, but are not limited to: pain, discomfort, dizziness, fainting, nausea, muscle soreness, soft tissue injuries, fractures, high blood pressure, stroke, heart attack, paralysis, disability, and even death;

(d) You authorise us to provide or seek emergency medical care on your behalf if we believe it is necessary;

(e) Your participation is entirely voluntary, and you may decline to take part in any aspect of the Program at any time;

(f) Injuries may occur through your own actions, the actions of other participants, or other causes for which we are not responsible;

(g) We do not guarantee any specific outcome or result from participation in the Program;

(h) We may exclude you from any part of the program if, in our reasonable opinion, you may be physically unable to participate, you have engaged in abusive or offensive behaviour to any person, you are affected by alcohol or drugs or you have disregarded any reasonable instruction we have given you.

4. Waivers and Indemnities

To the fullest extent permitted by law, and in consideration of us allowing you to participate in the Program:

(a) All express and implied warranties and guarantees (other than those required under the Australian Consumer Law) are excluded;

(b) You waive any claims now or in the future against us in connection with the Program or your participation in it;

(c) You agree to indemnify us against any claims made by any party in connection with your participation in the Program;

(d) You release us from any liability arising from your participation in the Program;

(e) If we are found liable for any claim, our liability is limited to either the resupply of services or a refund of fees paid;

(f) in this document: "claim" includes but is not limited to any action, claim, demand, loss, damage, costs and expenses however arising and from any cause; any reference to you includes all of your lawful successors, heirs, executors, administrators and assigns; any reference to us includes any of our associated persons, companies, directors, members, employees, agents, representatives, contractors and lawful assigns.

The provisions of this document including any limitation of liability are subject to the provisions of the Australian Consumer Law which provides as follows:

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures, you are entitled to cancel your service and receive a refund for the unused portion or compensation for its reduced value. You may also be entitled to compensation for any other reasonably foreseeable loss or damage. For non-major failures, you are entitled to have the issue remedied or to cancel your contract and obtain a refund for the unused portion if it is not resolved in a reasonable time.

5. Miscellaneous

5.1 If any provision of this document is held by a court to be unlawful, invalid, unenforceable or in conflict with any law, that provision is to be read down, if possible, so as to be valid and enforceable in that jurisdiction, and if that provision is not capable of being read down, it may be severed from this document and the validity and enforceability of the remaining provisions will not be affected.

5.2 This document embodies the entire agreement between the parties in relation to the matters set out in this document and supersedes all previous agreements, understandings and negotiations on the subject matter.

5.3 This Agreement is governed by the laws of Queensland and the parties submit to the exclusive jurisdiction of the courts of Queensland.

6. Acknowledgement and Digital Consent

By submitting this web form, you confirm that:

(a) You have read and understood this agreement in full;

(b) You agree to all of its terms and conditions;

(c) You understand that you are assuming certain risks and waiving legal rights;

(d) You are participating in the Program voluntarily and without coercion.