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NSW WAIVER, RELEASE & ASSUMPTION OF RISK AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING

This document affects your legal rights and obligations.

1. Participant Details

{name}
{dob}
{phone}

2. Acknowledgement of Inherent Risk

I acknowledge that participation in activities at Build Health Studios, including but not limited to weightlifting, strength and conditioning training, group classes, individual coaching, open gym sessions, and use of equipment, involves inherent risks.

These risks include, but are not limited to:

• Muscle soreness, strains, sprains, or tears

• Joint injuries, fractures, or dislocations

• Cardiovascular complications (including heart attack or stroke)

• Dizziness, fainting, nausea, or shortness of breath

• Injury resulting from misuse of equipment or overexertion

• Injury caused by other participants

I understand that injuries or illness may occur despite careful instruction, supervision, or adherence to safety procedures.

3. Voluntary Participation & Assumption of Risk

I voluntarily choose to participate in all activities at Build Health Studios.

I accept full responsibility for my participation and assume all risks, whether known or unknown, foreseeable or unforeseeable, associated with my participation, except to the extent that liability cannot be excluded under Australian law.

4. Health Declaration

I declare that:

• I am physically and medically fit to participate in strength training and exercise

• I have disclosed all relevant medical conditions, injuries, disabilities, or limitations to Build Health Studios

• I understand it is my responsibility to seek medical advice before commencing or continuing any exercise program

• I will immediately notify coaching staff if I feel unwell, dizzy, injured, or unsafe

I acknowledge that Build Health Studios and its staff do not provide medical advice.

5. Conduct & Responsibility

I agree to:

• Follow all instructions provided by Build Health Studios staff and coaches

• Use equipment only as intended and demonstrated

• Train within my physical limits

• Treat other members and staff respectfully

• Stop exercising immediately if advised to do so by staff or if I feel unwell

Failure to comply may result in suspension or termination of membership.

6. Release & Indemnity 

To the fullest extent permitted by law, I release and indemnify Build Health Studios, its owners, directors, employees, contractors, and agents from and against any claims, demands, actions, or proceedings arising from my participation in gym activities, except where liability cannot be excluded under the Australian Consumer Law or other applicable legislation.

Nothing in this agreement is intended to exclude, restrict, or modify any consumer guarantees, rights, or remedies that cannot be excluded under Australian law.

7. Australian Consumer Law Notice

Under the Australian Consumer Law, services provided to consumers come with certain guarantees, including that services will be rendered with due care and skill.

By signing this agreement, I acknowledge that:

• I am aware that certain rights under the Australian Consumer Law cannot be excluded

• Where legally permitted, Build Health Studios limits its liability for breach of consumer guarantees to the supply of services again or payment of the cost of having the services supplied again

8. Equipment & Facilities

I agree to inspect equipment before use and report any damaged or unsafe equipment immediately.
I agree not to use any equipment that appears unsafe or defective.

9. Photography & Media Consent

Photos or videos may be taken in the gym for training, marketing, or promotional purposes.

Please tick one if you do not consent to the use of your image

  I do not consent to the use of my image

10. Minors

If the participant is under 18 years of age, this agreement must be signed by a parent or legal guardian, who accepts full responsibility on behalf of the minor.

11. Acknowledgement & Agreement

I confirm that:

• I have read and understood this agreement in full

• I understand that exercising involves risk

• I sign this agreement freely and voluntarily

Participant Signature

{name}
{sign_date}

Parent / Guardian (If Participant Is Under 18)

{name}

{sign_date}