Contract for The Body Transformation Hub - Release of Liability, Waiver of Claims and Assumption of Risk

NAOMI TURVEY  |  ABN : 88 998 763 712

To our Valued Client,

This contract states the Terms and Conditions for the Client’s upcoming online Body Transformation package with The Body Transformation Hub, if you, the Client wish to proceed. Please read this contract carefully before clicking the Accept Terms and Conditions checkbox on our website. In checking this box, the Client confirms to agree with these Terms and Conditions for the duration of their training with The Body Transformation Hub.

Definitions
In this agreement:

a) The term "ATHLETIC ACTIVITY" OR "ATHLETIC ACTIVITIES" OR "TRAINING" includes but is not limited to personal training, fitness sessions, team or individual competitions, fitness assessments, use of facilities, observation of athletic activities, Weight lifting, strength conditioning, metabolic conditioning, plyometric movements, interval training, bodyweight conditioning, skipping, stretching, outdoor running and training in parks, recreational areas, playgrounds, car parks, trails and sidewalks, sports programs, clinics, seminars, sports massage treatments and services provided to the member/participant by The Body Transformation Hub.

b) The term "INJURY" shall refer to all forms of physical, mental and emotional injury in any way related to athletic activity and training activities including, but not limited to: death, breaks, strains, lacerations, dislocations, exercise induced rhabdomyolysis, heart failure, concussion, heat illness, dehydration, trauma, anxiety, and fears.

c) The name “THE BODY TRANSFORMATION HUB” OR “BODY BEAUTIFUL TRANSFORMATIONS” OR “BODY TRANSFORMATION HUB” OR “THE TRANSFORMATION HUB” OR “THE COACHES” shall refer to the business supplying the services attached to this website.

Waiver and Release of Liability
Express assumption of risk:
I, the undersigned, am aware that there are significant risks involved in all aspects of athletic activities, physical training and massage treatments. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s).

I understand that the training may involve weightlifting, strenuous bodyweight exercises and other high exertion activities, and that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during my training session. I understand that should I feel light-headed, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my coach or staff member.

I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or session while at, or under direction of The Body Transformation Hub.

I am aware that this agreement is ongoing and will apply to all future occasions I participate in athletic activities and training with The Body Transformation Hub.

I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others. I warrant that I am physically and mentally well enough to proceed with usage of the facility.

Release
In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities offered by The Body Transformation Hub, I, the undersigned hereby release The Body Transformation Hub, their principals, agents, employees, coaches, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. I give permission for The Body Transformation Hub staff and coaches to seek emergency medical services for me should I become injured or ill, with the understanding that I am responsible for any expense incurred. If I am signing on behalf of a minor child, I also give full permission for any person connected with The Body Transformation Hub to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child.

Indemnification
The member/participant recognises that there is risk involved in the types of activities offered by The Body Transformation Hub. Therefore the member/participant accepts financial responsibility for any injury that the member/participant may cause either to him/herself or to any other member/participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless The Body Transformation Hub, their principals, agents, employees, coaches, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by The Body Transformation Hub.

Payment
In order to commence a Body Transformation programme, the Client agrees to pay the package fee full. The payment is non-refundable if the Client should cancel or cease the programme provided.

Package Content
The chosen Body Transformation package content will be delivered to the Client weekly via email in the form of PDF documents and/or a link to Google Drive files. The Client is expected to submit their tracking statistics and progress pictures weekly via email to mybodytransformationhub@gmail.com. All Body Transformation Client information is kept strictly confidential at all times.

Time
The Body Transformation Hub coaches endeavour to create and deliver the Client’s package content within 7 days from programme sign up. More complex package designs may require a longer planning phase. The aim of The Body Transformation Hub, is to serve their Clients in an efficient and timely manner and in turn we expect the Client to maintain regular progress communication to enable this high level of service to remain at optimum.

Content
The Body Transformation Hub owns full Copyright to any and all programmes and diets created. However the Client is free to save and use their package content at their will. The Body Transformation Hub does not guarantee that programmes designed for a Client will have successful or beneficial results for anyone other than said Client. The Body Transformation Hub treats their Clients as a unique entity, and as such, requires direct contact with the person wishing to make Body and Health Transformation progress prior to supplying programmes or diets.

Health
It is the responsibility of the client to seek medical advice from a General Practitioner before commencing any Body Transformation programmes. The Body Transformation Hub will not be liable for any illness or injuries incurred by the Client.

Refusal of Service
The Body Transformation Hub and any of its staff reserve the right to refuse service to a client if it is believed necessary to do so given the information available to them. This refusal will be communicated to the client in writing as soon as it becomes apparent to the representative of The Body Transformation Hub, and payments will be cancelled immediately. Examples for refusal of service include, but are not limited to:

·       Inappropriate language
·       Bullying Behaviour
·       Unreasonable Demands
·       Social Media Defamation or Threats

Tracking
In order for The Body Transformation Hub to apply suitable progress updates to the training and dietary programmes the Client is required to submit their weekly Stat Tracker as part of their package plan. The Stat Tracker includes their weekly weight, full body measurements and progress pictures. Despite complete confidentiality of all Client data, the Client is welcome to submit their progress photographs excluding their face from the photo if they wish to do so.

Gym Training at Iron Strength Gym
By signing this waiver any client training one on one with a Body Transformation Hub Coach at the Iron Strength Gym releases Iron Strength Gym from any involvement with the training, the arrangement between the client and The Body Transformation Hub and assumes full responsibility for the risks they are exposing themselves to and accept full responsibility for any injury or death that may result from participation in any activity or session whilst at Iron Strength Power and Performance or under the direction of The Body Transformation Hub Coaches.

Sports Massage
The Client acknowledges that The Body Transformation Hub coaches are professionally trained Sports Massage Therapists and expect courteous and respectful treatment at all times. It is the responsibility of the client to submit all health and injury information to the therapist and to seek Medical approval from a GP before commencing a treatment. The client will wear underwear at all times and behave in an appropriate manner. The therapist reserves the right to terminate or refuse treatment at anytime should they feel they are being treated inappropriately or asked for an inappropriate service. The client releases The Body Transformation Hub from any responsibility should the client incur injury from the treatment and assumes full responsibility for the risks and outcome the client exposes themselves to from this service.

Supplements
The client accepts that The Body Transformation Hub is a supplier of Australian made Sports Supplements made and manufactured by a third party and has no involvement with the production of these supplements. The client accepts they purchase and consume these supplements at their own risk as they would a physical Sports Supplement or Health Food Shop.

Commitment
Our Clients’ personal health and body shaping goals are our greatest priority and as such we endeavour to provide a high quality, professional service for the duration of the package purchased. In turn we expect our clients’ to maintain a high level of honesty and commitment throughout their Body Transformation journey.

Signing
By signing this document you will waive certain legal rights, including the right to sue. You are advised that athletic activity and training are DANGEROUS RECREATIONAL ACTIVITIES with OBVIOUS RISKS as defined by the Civil Liability Act 2003. YOU ARE PARTICIPATING AT YOUR OWN RISK.

I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.

I recognise that the coaches and staff members are not able to provide me with medical advice with regard to my fitness, and that this information is used as a guideline to the limitations of my ability to exercise. I confirm that I have read and understand the Release of Liability, Waiver of Claims & Assumption of Risk above.

Naomi and Jerry Turvey

The Body Transformation Hub Coaches