Welcome to Move365. Our business is operated by Move365 Pty Ltd (ABN 35 657 206 847) trading as Move365 (we, us, our, Move365).
It is a condition of us allowing you (you) to use our Services, that as well as agreeing to the Terms and Conditions, you provide the following waiver. If you do not agree to provide the waiver, you should not use our Services. By purchasing or using our Services, you agree to provide the following waiver.
1. DEFINITIONS
Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
Loss means any loss, cost, expense (including legal costs on a full indemnity basis) or damage, whether direct or indirect, present or future, fixed or ascertained, actual or contingent and whether arising under contract, in tort, at common law, in equity, under statute, under an indemnity or otherwise.
Representative means any person acting for or on behalf of us and includes any director, officer, employee, agent, contractor or sub-contractor of ours.
Move365 means our gym and fitness service business Move365, located at 16A Grey Street, St Kilda, VIC 3182.
Services means gym and fitness services.
Member Contract means the legally binding terms and conditions upon which we allow people to use our Services, supplied to new members of Move365 and available at our website: https://move365.com.au/ and at our premises (as varied from time to time).
Us means Move 365 Pty Ltd (ABN 35 657 206 847) trading as Move365 and includes our successors and permitted transferees and assigns.
2. Move365 Contract
For the avoidance of doubt, you hereby acknowledge and confirm that you accept and agree to the Member Contract.
3. ACKNOWLEDGEMENT OF RISK AND WAIVER OF LIABILITY
(a) You acknowledge there are risks involved in all aspects of gym and fitness services we offer, including:
(i) accidents which can result in serious injury or death;
(ii) injury or death due to negligence by you, us or third parties;
(iii) injury or death due to improper use or failure of any equipment at Move365;
(iv) strains and sprains; and
(v) such risks may result in serious injury or fatality to you.
(b) You acknowledge the provision of our Services may involve strenuous exercises and other high exertion activities and you are not obligated to perform or participate in any activity in which you do not wish to participate.
(c) You warrant:
(i) you have no physical impairments, injuries or illnesses that will endanger you, other members, participants or our representatives;
(ii) you are not aware of any medical or physical condition that would prevent you from receiving the Services we provide;
(iii) you have disclosed all injuries, discomfort illnesses and other conditions (including pregnancy), whether current or historical.
(d) You accept that your use of the Services and facilities provided by us is entirely carried out at your own risk.
(e) Subject to any rights you may have under the Australian Consumer Law and to the extent permitted by law, you agree and waive your rights as follows:
(i) We (and our Representatives) will not be liable and exclude all liability (whether arising under contract, in tort, equity, statute or in any other way) for all Loss sustained by you in relation to your use of our Services or inability to use our Services.
(ii) We (and our Representatives) will not be liable and exclude all liability (whether arising under contract, in tort, equity, statute or in any other way) for all Loss sustained by you, due to any act or omission by our sub-contractors who may assist us to supply our Services.
(iii) You hereby release us and Representatives from all Claims (whether arising under contract, in tort, equity, statute or in any other way) you may have against us and Representatives in connection with this Agreement or otherwise entering Move365 and using our Services.
4. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012:
(a) Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-
(i) are rendered with due care and skill; and
(ii) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
(iii) might reasonably be expected to achieve any result you have made known to the supplier.
(b) Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
(c) NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
SIGNED AND AGREED BY YOU:
I ACKNOWLEDGE THAT I HAVE READ THE ABOVE WAIVER IN ITS ENTIRETY AND UNDERSTAND IT. I CONFIRM THAT I SIGN THIS WAIVER FREELY & VOLUNTARILY. I CONFIRM THAT THIS WAIVER WILL BE BINDING ON MY HEIRS, NEXT OF KIN, EXECUTORS & ADMINISTRATORS AND WILL BE GOVERNED IN ALL RESPECTS BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF VICTORIA AUSTRALIA.
NAME: {name}
DATE: {sign_date}
ADDRESS: {address}
PHONE NUMBER: {phone}
MOVE365