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Liability waiver
Moonee Valley Health and Fitness (MVFit) Liability Waiver By ticking the box below, I acknowledge I have read, understood and accept the following Terms and Conditions.

Your obligations at the studio: While we endeavour to provide you with a safe, clean and fun environment for training, we do expect that you comply with the studio rules, including: a) Notifying us of any injury/illness/health condition that may affect your ability to train: You will ensure that each time you use our studio, you are in adequate physical condition to undertake MVFit training and know of no medical or other reason why you cannot or should not participate in the classes. You use the studio and its equipment at your sole risk and responsibility. You agree to notify us immediately if you believe any studio activities may risk your health. You must also notify us if your medical condition has changed after you join. We retain the right to refuse or cancel your membership agreement until a medical practitioner agrees in writing that you are fit to participate in the MVFit classes. b) Seeking expert advice: Our staff and contractors are not qualified to assess if you are in good and proper physical condition to participate in our classes without risk to your health, safety or comfort. If you have any doubts we recommend you to seek expert advice from a qualified health practitioner before undertaking any exercise program. c) Managing infections and illnesses: You must not use the studio facilities if you have an infection, contagious illness or physical ailment, such as an open cut or sore that is any risk, however small, to other members and guests. d) Respecting our equipment: You are responsible for using our facilities and equipment correctly, including adjusting levels or settings. If you are not sure how to operate any equipment, please ask our staff before you use it. Note that you will be responsible for any damage that you cause, to person or property, through any wilful act or negligence. As a courtesy to other members, you agree to use a clean towel when you use equipment, including exercise mats. Please put equipment away after use.

I, the participant named below, have agreed to participate in the MVFit workouts, exercise and training programs and any other services (fitness or otherwise) offered by MVFit ("Workouts"). I acknowledge and agree that the Workouts are a recreational sport activity; and may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities. I hereby affirm, and I affirm each time I participate in a Workout, that: I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in the Workouts; and I am participating in the Workouts voluntarily and at my own risk.

 

I am voluntarily undertaking participation in classes at MVFit with the full understanding of the risks involved in my participation and my membership. “Membership” means attendance at scheduled classes. Members are not permitted at the studio outside class hours. You agree that you are aware of the timetable of classes at the time of entering into this agreement and are aware that these class times are subject to change.

I understand that classes at MVFit may be physically strenuous and further agree that MVFit including its trainers, employees and agents shall not be liable to any person whether in contract, tort, under statute or otherwise for any injury, loss, damage, or economic loss whatsoever, whether consequential, direct or indirect, caused by or connected with my participation in MVFit classes.

I agree that MVFit will not accept responsibility for loss or damage to any personal belongings left unattended on the premises and that MVFit is in no way responsible for the safekeeping of my belongings. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against MaxNRG Personal Training Pty Ltd, Trading as Moonee Valley Health and Fitness or its members for any personal injury, property damage/loss, whether caused by negligence or otherwise.

 

MVFit has the right to refuse any person/s subject to the sole discretion of management (acting reasonably). In the event that you behave in an inappropriate manner within the gym premises, MVFit have the right to cancel your membership (acting reasonably), with a non-refundable policy. 

Members must always be wearing appropriate clothing whilst in the gym. This includes fully enclosed footwear and also non-offensive clothing and be courteous of other members at all times. I recognise that the instructor is not able to provide me with medical advice with regard to my fitness, and this information is used as a guideline to the limitations of my ability to exercise. 

Marketing

We sometimes film or photograph the studio so it is possible you will appear in the background. By signing your agreement, you allow us to use your image in social media, promotional and other business-related material without payment to you.

Communication

Our staff members are always happy to help. For effective and prompt response in relation to any membership or class booking queries please refrain from contacting trainers personally, outside of class hours or via social media at any time. Instead please email us at [email protected] or call our office on (03) 9996 0790 and we will get back to you at our earliest convenience. Kind Regards Management Moonee Valley Health and Fitness.

 

I HEREBY RELEASE MAXNRG PERSONAL TRAINING PTY LTD (ABN 52 159 052 409) FROM ANY CLAIMS, DEMANDS, AND CAUSES OF ACTION AS A RESULT OF MY VOLUNTARY PARTICIPATION IN THE WORKOUTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. I FULLY UNDERSTAND THAT I MAY INJURE MYSELF AS A RESULT OF MY PARTICIPATION IN THE WORKOUTS AND I HEREBY RELEASE THE RELEASED PARTIES FROM ANY LIABILITY NOW OR IN THE FUTURE FOR CONDITIONS THAT I MAY OBTAIN DIRECTLY OR INDIRECTLY FROM PARTICIPATING IN THE WORKOUTS, TO THE FULLEST EXTENT PERMITTED BY LAW. THESE CONDITIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, MUSCLE PULLS, MUSCLE TEARS, BROKEN BONES, SHIN SPLINTS, HEAT PROSTRATION, INJURIES TO KNEES, INJURIES TO BACK, INJURIES TO FOOT, OR ANY OTHER ILLNESS OR SORENESS THAT I MAY INCUR. I HEREBY AFFIRM THAT I HAVE READ AND FULLY UNDERSTAND THE ABOVE STATEMENTS.

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I agree to the Moonee Valley Health and Fitness liability waiver

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