Waiver Form
Release of Liability, Waiver of Claims, Assumption of Risk, Indemnity Agreement & Jurisdiction Agreement.
DEFINITIONS in this Agreement:
a)Basketball Fitness activities are inclusive, but not limited to: fitness classes involving basketball specific drills; such as, jumping, running, sprinting, sharp and quick changes of direction and basketball handling.
b)Basketball Fitness activities make use of various equipment, including, but not limited: hurdles, cones, wooden boxes, jump ropes, basketballs and tennis balls.
c)The term “injury” shall refer to all forms of physical, medical, mental and emotional injury in any way related to Rebound Nutrition’s services, including but not limited to: death, breaks, strains, lacerations, dislocations, exercise induced rhabdomyolysis, heart failure, concussion, frostbite, hypothermia, heat illness, dehydration, trauma anxiety and or fears. d)Rebound Nutrition’s Initial Consult involves, but is not limited to, a general health assessment, the recording of an individual’s health details; such as, medication and pre-existing conditions, then providing basic information on Rebound Nutrition’s perspective of healthy foods.
e)Rebound Nutrition’s Meal Strategy involves, but is not limited to, recommending alterations and substitutions to the client’s current eating habits that incorporate healthier, more nutritionally dense foods based on Rebound Nutrition’s perspectives.
f)Rebound Nutrition’s Nutritional Therapy involves, but is not limited to, identifying symptoms that the client is experiencing and making use of nutrients found in various foods in effort to ease those symptoms.
g)The term “illness” shall refer to any abnormal process in which aspects of the social, physical, emotional or intellectual condition and function of a person are diminished or impaired compared with that person’s previous condition.
DISCLAIMER
Rebound Nutrition is not responsible for any death, injury, illness, loss, or damage of any kind, suffered by any person while undertaking or spectating any service provided by Rebound Nutrition while under instruction by, or on the behalf of, Rebound Nutrition caused in any manner whatsoever, including but not limited to: the negligence of Rebound Nutrition, except wherein said act of Rebound Nutrition is caused through reckless conduct of Rebound Nutrition.
I, undersigned, am aware that when participating in or spectating any of Rebound Nutrition’s services, under the instruction of; or on behalf of Rebound Nutrition, or the use of any of those facilities Rebound Nutrition operates within; as well as, with the equipment present, there are significant dangers and risks including, but not limited to, the potential for serious personal injury or death including:
a) Transient light headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain, discomfort, fatigue, nausea, heart failure, exercise induced rhabdomyolysis;
b) All manner of injury resulting from slipping or falling, either roped or unroped, while jumping, skipping, running, walking, lifting, climbing and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment;
c) Abrasion, entanglement, lacerations, bruising, dislocation and other injuries resulting from activities on or near equipment present during Rebound Nutrition’s services
d) Injuries resulting from falling athletes or objects; such as, weights, and so forth or by objects dropped by another person’s conducting athletic activities or assisting others
e) Failure of the equipment used by Rebound Nutrition’s services or present during those services
I do acknowledge and agree: Basketball Fitness classes require a moderate to high degree of effort and are designed to be executed in high intensity and are intended to maximally challenge my cardiovascular endurance, stamina, flexibility, speed, power, coordination, agility, balance and accuracy.
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That I will honestly represent my level of fitness, health, nutrition, use of medication, medical history and current physical, mental and medication conditions to Rebound Nutrition.
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That although Rebound Nutrition takes steps to reduce the risks and increase the safety of all activities, it is not possible for Rebound Nutrition to make these activities completely safe. That I am personally responsible for my preparation prior to activities, my concentration and attention during these activities and for my post activity rest and recovery.
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That I will learn to obey the rules and regulations of Rebound Nutrition and that I will follow the direction and instructions of Rebound Nutrition; as well as, its’ employees and representatives.
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That I will inform Rebound Nutrition immediately should I feel any pain, discomfort, fatigue, nausea or other symptoms that I may be suffering from during activities provided by Rebound Nutrition’s services.
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That I consent to receive first aid and medical treatment by Rebound Nutrition in the event of an accident, injury or illness during activity.
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That I may stop participating at any time and that I may be directed to stop by Rebound Nutrition should I display any noticeable signs of distress.
Rebound Nutrition’s services are conducted in various locations, including but not limited to, gyms, schools and basketball courts.
Rebound Nutrition does not take any responsibility for misuse of equipment or information provided.
Photography/Videography/Audio:
Participants involved in Rebound Nutrition’s Basketball Fitness Activities conducted by, or on behalf of Rebound Nutrition, may be photographed, audio recorded or video recorded before, during or after sessions.
I consent to the use of these photographs and/or videos without financial or nonfinancial compensation of any kind on the Rebound Nutrition Website, Instagram, Facebook Page or a related entity in any editorial, instructional, promotional or advertising material produced and/or published by Rebound Nutrition.
I agree not to photograph, audio record, or video record any person participating in Rebound Nutrition’s services unless provided with written consent.
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Disruptive Behaviour
Participants involved in any services offered by Rebound Nutrition will not display destructive, abusive or discouraging behaviour towards Rebound Nutrition, Rebound Nutrition’s equipment, property, members, volunteers, patrons, the general public, officers, officials, and referees. Rebound Nutrition reserves the right to: terminate the participation in any of the above listed services and/or refuse entry to any person engaging in such behaviour. Any language or behaviour that is deemed offensive, abusive, derogatory or detrimental to another participant, Rebound Nutrition, or visitors may result in: the blocking of participation of any and all services provided by Rebound Nutrition.
Copyright & Intellectual Property
Participants undertaking workshops, seminars, classes, and basketball fitness sessions may NOT in part or in full, copy, reproduce, use for commercial gain, or redistribute any of Rebound Nutrition’s publications, methodologies, protocols, materials, publications for financial or commercial purposes; publications entitled and all drills provided by Rebound Nutrition (referred to as ‘Rebound Materials’). Rebound Nutrition at all times own copyright in all Rebound Materials and any improvements made to these Rebound Materials by participants, Rebound Nutrition employees or contractors. The Rebound Nutrition logo is a trademark solely owned by Rebound Nutrition. You acknowledge that you have no license to use any of the Rebound Materials or trademarks without express written consent of the respective owners other than the purpose for which it was given to you.
Waiver and Release of Liability
In consideration of Rebound Nutrition allowing me to participate in any of the services provided, and/or for other good and valuable consideration, receipt and sufficiency of which is acknowledged, I agree as follows:
1.To waive any and all claims that I have or may have in the future against Rebound Nutrition and to release Rebound Nutrition from any and all liability for any loss, damage, expense or injury including death that I may suffer as a result of my participation in any and all of the services provided by Rebound Nutrition, due to any cause including negligence, breach of contract, or breach of any statutory or other duty of care, on the part of Rebound Nutrition, and including the failure on the part of Rebound Nutrition to safeguard or protect me from risks, dangers and hazards of athletic recreational activities, but excluding reckless conduct by Rebound Nutrition, up to the maximum permitted by law bys139A of Competition and Consumer Act 2010 (Cth);
2.TO hold harmless and indemnify Rebound Nutrition from any and all liability for any and all liability for any property damage or personal injury to any third party resulting from my participation in Rebound Nutrition’s services up to the maximum permitted by law;
3.This waiver should be construed as a risk warning and is given as a risk warning in accordance with the provision of the Civil Liability Act 2001 (NSW). Rebound Nutrition’s services can be dangerous and could potentially involve a level of significant risk of physical, emotional, mental and psychological harm.
4.I understand and acknowledge that there are risks, hazards and dangers associated with Rebound Nutrition’s services which cannot be eliminated or reduced, including, but not limited to, the risk of bodily injury and harm.
5.This agreement and any right, duties and obligations as between the parties to the Agreement shall be exclusively governed by and interpreted in accordance with the laws of Australia, NSW & any litigation involving the parties to this Agreement shall be brought solely within NSW and shall be within exclusively jurisdiction of the Courts of NSW.
6.In entering into this Agreement, I am not relying on any oral or written representations of statements made by Rebound Nutrition with respect to the safety of Rebound Nutrition’s services other than what is set forth in this Agreement.
7.I have read and understood this Agreement prior to signing it, the foregoing assumption of risk, release of liability and am aware that by signing this Agreement I am obligated to indemnify the parties named for any liability or death or any person and damage to property caused by my negligent or intentional act of omission, waiving certain legal rights which I or my next of kin, heirs, executors, administrators, assigns and representatives may have against Rebound Nutrition.
8.I understand that safety of any child or adolescent (16yrs of age or under) which I bring to participate with Rebound Nutrition’s services is the responsibility of the guardian whom signed this Agreement. I understand that those services provided by Rebound Nutrition can potentially involve danger and will not leave them unsupervised at any point in time without direct permission from a Rebound Nutrition representative or employee. I will not hold Rebound Nutrition liable for any injury sustained to my child or any person in my duty of care caused in any manner whatsoever including, but not limited to, the negligence of Rebound Nutrition except wherein said act of Rebound Nutrition is caused through reckless by Rebound Nutrition.