TERMS AND CONDITIONS

The following information affects your legal rights and obligations. Please read this document carefully and sign to indicate you understand and agree to the conditions of undertaking activities at Huon Valley PCYC (HVPCYC). If you are under 18 years of age, a parent or guardian must read and understand this form and sign it. By signing this form, you acknowledge and agree to the following:

SAFETY/SECURITY REQUIREMENTS

1.I acknowledge and agree that whilst HVPCYC may have made every effort to reduce the risks and hazards associated with HVPCYC activities, there are numerous hazards that can occur whilst participating in HVPCYC activities, whether at the HVPCYC premises or not. I acknowledge that due to the nature and layout of HVPCYC’s multi-purpose facility, environmental factors such as equipment layout may create hazards, including but not limited to trip and fall hazards, collisions with equipment and other people present within the facilities. I acknowledge and agree that injury may result from not only my actions, omissions, or negligence but from the actions, omissions, or negligence of others.

2. I acknowledge and agree that I have an obligation to participate in HVPCYC activities in accordance with all safety requirements and regarding other participants. I agree to adhere to expressed or customary rules and code of conduct set out by HVPCYC or as otherwise directed by HVPCYC. I acknowledge and agree that if I fail to observe these rules and directions, I may be asked to leave the premises or have my access rights (including membership) suspended or cancelled in accordance with the HVPCYC constitution.

3.I acknowledge and agree that I have the responsibility to ensure the safety of any children in my care prior to and after any use of the facility or class/program conducted by the HVPCYC.

MEMBER ACCESS

4.I acknowledge and agree that any digital key, security fob or after-hours device (key) provided to me as part of my membership at the Club remain property of HVPCYC. Should the device be lost, I agree to meet the costs of replacement.

5.I acknowledge and agree that:

A. I may not bring guests into the facility at any time without prior written consent of HVPCYC.

And

B. members must not allow any other person to use their key and must advise HVPCYC immediately if it is lost or stolen. If either of these conditions is breached HVPCYC may charge me a fee and/or may suspend or cancel my access rights (including membership).

6.I acknowledge and agree that I must wipe down equipment and re-rack any weights used. I further acknowledge and agree that I must use the safety facilities provided on any equipment and shall seek instruction from HVPCYC staff if unsure about the use of equipment.

7.I acknowledge and agree that the facility is an alcohol, smoke, and drug free environment. I further acknowledge and agree that unruly behaviour, vulgar language, or improper use of equipment in the facility or my presence in the facility while intoxicated, whether because of alcohol or drug ingestion, or other inappropriate behaviour is not permitted. If I do any such thing, HVPCYC may suspend or cancel my right to access the facility (including membership) without any entitlement to a refund.

8. I acknowledge and agree that I must not photograph or film with a smart phone or camera at any time while inside the facilities of HVPCYC without permission of the club manager.

9. I acknowledge and agree that persons under the age of 16 years are not permitted to use the gym facility unless a parent/guardian has assumed personal and financial responsibility.

10. I acknowledge and agree that appropriate attire must be always worn in the facility. Sports shoes are compulsory for the gym. Work boots, street shoes, thongs and open-toed sandals are not acceptable. I further acknowledge and agree that HVPCYC staff have the right to refuse entry to anyone dressed inappropriately.

PROMOTION/ADVERTISING

11. I acknowledge and agree that I may be photographed or filmed by HVPCYC or its agents whilst undertaking activities with HVPCYC and these may be used for promotional purposes by HVPCYC. I permit HVPCYC to use my name, image, likeness, and my performance in any HVPCYC I agree that it is my responsibility to inform HVPCYC if I do not permit my image whether by photograph or film to be used by HVPCYC.

12. I acknowledge and agree I may not affix any advertising nor otherwise advertise in the facility.

MEDICAL CONDITIONS

13.

I agree to inform HVPCYC of any medical conditions or pre-existing injury that may impair my ability to participate or increase my chance of further injury or harm. I hereby give my consent to first aid care, hospital care and/or medical assistance which HVPCYC and its agents consider appropriate or necessary if at that time I am not able to give my consent due to medical incapacity. I agree to meet any expense associated with such medical assistance. I acknowledge and agree that HVPCYC has no responsibility for my treatment or transport should I sustain an injury whilst participating in HVPCYC activities.

ACCEPTANCE OF RISK

14. I acknowledge and agree there are risks inherent in my participation in all activities associated with HVPCYC. Whilst every attempt to ensure the services, facilities and activities provided by HVPCYC are safe, I acknowledge and agree that due to the nature of HVPCYC activities it would be unreasonable for HVPCYC to be in any way responsible for any injury or death that I may suffer. Further, I acknowledge and agree that I am using the services and facilities and undertaking activities of HVPCYC freely, voluntarily and absolutely at my own risk and with full appreciation of the nature and extent of all risks involved in using the services and facilities and undertaking the HVPCYC activities.

INDEMNITY WITH RESPECT TO HVPCYC ACTIVITIES

15. To the extent permitted by law, I release HVPCYC, its related entities and agents (including their respective directors, officers, employees, members, independent contractors, teams, agents, mentors and volunteers) (‘the Indemnified Parties’) from any liability for any damages, loss, liability or injury I may suffer or incur (whether fatal, relating to property loss and damage or otherwise) relating to or arising out of my participation in HVPCYC activities and use of any piece of equipment designed or used for the purpose of providing HVPCYC activities (‘Liability’), whether the HVPCYC activities are on-site at any property owned or occupied by the HVPCYC or off-site (‘the Facilities’), howsoever caused (including negligence). I agree and acknowledge that to an extent I am waiving my right to pursue any contractual rights, express or implied, that may arise in relation to my relationship with HVPCYC (or casual use at any other time) and any claims that I may have in relation to breach of duty or negligence. I agree that this release shall apply to and on behalf of any minor on whose behalf I have signed as parent and/or guardian.

16. I agree to indemnify on a continuing basis and on a full indemnity basis the Indemnified Parties and each of them for any damage, loss, liability or injury that any one or more of the Indemnified Parties may suffer or incur (including by indemnity to third parties) as a result of my conduct (or the conduct of any minor on whose behalf I have signed as parent and/or guardian) at or in the course of any HVPCYC activities (supervised or unsupervised) and/or my (or their) use of the Facilities.

PRIVACY/MEMBER DETAILS

17. I acknowledge that the HVPCYC respects the privacy of individuals.

18. I agree that the HVPCYC, its authorised staff, volunteers, contractors and government agencies or referral agencies covered by law, may be recipients of my personal information (‘Recipients’).

19. I permit the use of my personal information by the Recipients in accordance with the HVPCYC Privacy Policy.

20. I acknowledge and agree that these terms and conditions are subject to change and that it is my responsibility to check the HVPCYC website for the most up-to-date version. I understand that a hard copy may be requested at any time.

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