House Of Chaos Weightlifting Waiver and Release of Liability Form

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I, the client, hereby acknowledge and agree that my participation or observation of the activities sponsored by and/or offered by House Of Chaos Weightlifting involves strenuous physical activity, including but not limited to muscle strength and endurance training, cardiovascular conditioning and training, and various other fitness activities.

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1. I understand that it is my sole responsibility to consult with a physician prior to and regarding my participation in any fitness program. I represent and warrant that I am physically fit and have no medical condition that would prevent my full participation in the program.

 

2. In consideration of being permitted to participate in 1:1 Training Sessions and/or Group Training sessions, I agree to assume full responsibility for any risks, injuries, or damages, whether known or unknown, that I might incur as a result of participating in the program.

 

3. In consideration of being permitted to participate in 1:1 Training Sessions and/or Group Training sessions, I knowingly, voluntarily, and expressly waive any claim I, the client, may have against House Of Chaos Weightlifting owners, facility landlords, insurers, or any Fitness Instructors for any injury or damages that I may sustain as a result of participating in the program.

 

4. I, the client, and my heirs or legal representatives forever release, waive, discharge, and covenant not to sue House Of Chaos Weightlifting owners, facility landlords, insurers, or any Fitness Instructors for any injury or death caused by their negligence or other acts.

 

I, the client, have read the above release and waiver of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.

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CANCELLATIONS

 

I hereby agree that in the event of a cancellation or no-show, a non-refundable payment fee will apply. I must cancel at least 48 hours prior to my booking to avoid a no-show or late cancellation charge. All canceled sessions are non refundable (Full session cost will be charged for late cancel and no show) but can be rescheduled (Subject to availability).

 

PAUSE & EXTENDING COACHING

 

1. In the event that clients wish to pause or extend their coaching contract due to unforeseen circumstances, such as injuries or emergencies, they may apply for a temporary suspension of up to 4 weeks at no cost. This request is contingent upon the client consulting and obtaining a recovery plan from certified health professionals, including Physiotherapists, Chiropractors, or Doctors. To initiate the pause, clients are required to email the recovery plan directly to their coach at evolvewithsteve@gmail.com for review and approval.

2. In instances where clients intend to pause or extend their coaching contract due to planned holidays or travel, they may apply for a complimentary pause of up to 2 weeks. If clients desire an extension beyond this period, they can apply for a maximum pause of 6 weeks, incurring a nominal fee of $15 per week to secure their coaching spot. To apply for either the complimentary or extended pause, clients must provide their coach with a minimum 14-day notice via email at evolvewithsteve@gmail.com for review and approval.

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​CARD ON FILE

 

I authorise this business to keep my credit card on file for any future transactions until I request a cancellation. I understand that this authorisation will remain in effect until I request that it be terminated. I acknowledge that I am responsible for making this request to the Business in writing.

 

RECURRING CHARGE

 

This recurring charge is to cover the cost of personal training and coaching services arranged in advance with Evolve Performance Training, ABN 30536302936. I acknowledge that I will receive a receipt for each charge made and that no prior notification is needed unless the date or amount of a charge is subject to change, in which case the Business must notify me of such changes at least 2 days in advance of when the change(s) will take effect. I understand that the terms of this authorisation will remain in effect until I request that they be terminated. I acknowledge that I am responsible for making this request at least 14 days in advance of the next scheduled charge date to ensure I am not charged again.

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MEDIA CAPTURE AND USAGE CLAUSE

 

By engaging in any business activities with Evolve Performance Training (known as House of Chaos Weightlifting), the client hereby grants Evolve Performance Training (known as House of Chaos Weightlifting) the unrestricted right and license to capture, record, and utilize all media, including but not limited to photographs and videos, during the course of our interactions. This media may be used for promotional, advertising, and social media purposes.

 

In the event that the client wishes not to be featured in any media content for promotional, advertising, or social media purposes, it is the client's responsibility to notify Evolve Performance Training (known as House of Chaos Weightlifting) in writing or through direct communication channels. Upon receiving such notification, Evolve Performance Training (known as House of Chaos Weightlifting) will make reasonable efforts to exclude the client from future media captures and ensure that existing media featuring the client is not used for the specified purposes.

 

By default, the client's participation in any Evolve Performance Training (known as House of Chaos Weightlifting)-related activities implies consent for Evolve Performance Training (known as House of Chaos Weightlifting) to use captured media for promotional and advertising purposes unless explicitly communicated otherwise by the client.

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TERMS & CONDITIONS

Cancellation Policy:

 

All Personal Training session cancellations require a minimum of 48 hours' notice and must be submitted to Evolve Performance Training via email at evolvewithsteve@gmail.com or by contacting your trainer directly. Failure to provide adequate notice will result in a full session charge. Clients are responsible for rescheduling within the same week based on trainer availability. There is an option to double up training sessions in the following week, subject to the trainer's schedule and availability.

 

Payment Agreement:

 

Direct debit payments will continue as agreed upon until further notice. Clients can terminate their agreement by sending a written notice to evolvewithsteve@gmail.com with the subject line "Cancellation."

 

Payment Schedule and Default Fees:

 

All Direct Debits are scheduled on a weekly or monthly basis every 28 days. In the event of a payment default, a $10 default fee payable to Evolve Performance Training will be incurred. Additionally, a $6.60 surcharge payable to Ezi-Debit will be charged in the next recurring debit.

 

Transaction Fees:

 

Standard direct debit transactions through Ezi-Debit carry a 2.2% merchant fee for Visa and Mastercard payments, 99c for bank accounts. Standard sales transactions through SQUARE carry a 2.3% merchant fee for Visa and Mastercard payments.

 

Contract Duration:

 

All contracts, whether for personal training or online coaching, have a minimum duration of 3, 6 or 12 months. If a client wishes to terminate the contract before the agreed end date, they must pay the remaining balance for the agreed contract period or the rest of the contract in full. By signing this contract, membership will automatically transition into a weekly payment schedule following the expiration of the initially agreed period, and should the client wish to cancel their membership, they are required to send an email to evolvewithsteve@gmail.com with a 14-day notice for cancellation.

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Notice of Termination:

 

Clients must provide a minimum 14 days' written notice if they wish to discontinue services. Failure to provide written notice will result in the continuation of payments. Client openings are limited, and maintaining payments may be used to reserve the client's spot at the discretion of Evolve Performance Training. Please email evolvewithsteve@gmail.com for all cancellation notices.

 

Extension and freezing membership: 12 weeks Beginner program - maximum 2 weeks with valid reason. No freezing or canceling once commenced and no refund; Online coaching (recreational or competitive) - maximum 4 weeks with valid reason and 14 days paid notice period for canceling; Weightlifting technique class - $20 for freezed period up to maximum 4 weeks and no extension, cancellation or refund; Gym membership: $10 for freezed period and up to maximum 4 weeks.

Canceling membership:

Gym membership, Online Coaching (recreational or competitive) - refer to “5. Contract Duration”. 12 weeks Beginner program - No cancellation or refund after payment.

Weightlifting technique class - No cancellation or refund after payment.

 

Payment Method Selection:

 

Clients acknowledge that they have the option to choose between a membership based on either direct debit or upfront payment. By signing this form, clients confirm their choice to pay via an agreed method.

 

Client Responsibilities:

 

At Evolve Performance Training, we are committed to your health and well-being. As a valued client, it is imperative that you take an active role in safeguarding your physical health and preventing injuries during our training sessions. By enrolling in our programs and services, you acknowledge and accept the following responsibilities:

 

Self-Assessment:

 

It is your responsibility to assess your own physical capabilities and limitations accurately. Please inform your coach or personal trainer of any medical conditions, injuries, or concerns that may affect your ability to participate safely in our training sessions.

 

Follow Guidance:

 

Follow the guidance and instructions provided by your coach or personal trainer carefully. Always communicate openly about your comfort level and any discomfort or pain experienced during exercises.

 

Modifications:

 

If you have any doubts about an exercise or its suitability for your fitness level, do not hesitate to ask for modifications or alternative exercises. Your trainer is here to provide safe and effective workouts tailored to your needs.

 

Warm-Up and Cool Down:

 

Always participate in the warm-up and cool-down routines recommended by your trainer. These routines are essential for injury prevention and recovery.

 

Proper Form and Technique:

 

Pay close attention to and maintain proper form and technique during exercises. Poor form can lead to injuries. If you are unsure about your form, seek guidance from your trainer.

 

Listen to Your Body:

 

Respect your body's signals. If you experience pain, discomfort, or fatigue beyond what is expected during a session, communicate this to your trainer immediately. Pushing through pain can lead to injuries.

 

Rest and Recovery:

 

Ensure you get adequate rest and recovery between training sessions. Overtraining can increase the risk of injuries.

 

Hydration and Nutrition:

 

Maintain proper hydration and nutrition to support your physical performance and recovery. Proper fueling is crucial for injury prevention.

 

Appropriate Attire:

 

Wear appropriate workout attire and footwear during training sessions to prevent slips, falls, or other accidents.

 

Notify of Changes:

 

Keep your trainer informed of any changes in your health or physical condition that may affect your training regimen.

 

Emergency Preparedness:

 

Familiarize yourself with the location of emergency exits and first aid equipment within our facility. In case of injury or emergency, notify your trainer or staff immediately.

 

Assumption of Risk:

 

Engaging in physical activities inherently carries some level of risk. By participating in our training programs, you acknowledge and assume these inherent risks.

 

Medical Conditions:

 

Clients are responsible for disclosing any relevant medical conditions to their coach or personal trainer to ensure safe and effective training.

 

Documentation:

 

A copy of your signed form will be provided to you to ensure clarity and compliance with our terms and conditions.

 

Fee Stability and Changes:

 

The fees for the year 2024 will remain unchanged and are subject to revision in 2025.

 

By continuing with our services, you agree to abide by these terms and conditions. If you have any questions or concerns, please don't hesitate to contact us at evolvewithsteve@gmail.com. Thank you for choosing Evolve Performance Training for your fitness journey.

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DISCLAIMER

 

At Evolve Performance Training, your health and well-being are our top priorities. Before participating in any of our programs, it is important to carefully read and understand the following disclaimer:

 

Assumption of Risk:

 

Engaging in physical fitness activities, including personal training and exercise programs, inherently carries a certain level of risk. While we take every precaution to ensure your safety, it is essential to recognize that injuries, accidents, and unforeseen complications can occur. By choosing to participate in our programs, you voluntarily assume these inherent risks and acknowledge that Evolve Performance Training, its trainers, and associated staff are not liable for any injuries or damages that may occur during or as a result of your participation.

 

Physical Fitness and Health Considerations:

 

Before starting any fitness program, it is advisable to consult with a healthcare professional to assess your physical condition and ensure it is suitable for physical training. Please inform your trainer of any medical conditions, injuries, or health concerns that may affect your ability to engage in physical exercise safely. Our trainers will work with you to create a program tailored to your

individual needs and limitations. Personal Responsibility:

You are responsible for your own actions and decisions during training sessions. Follow the guidance and instructions provided by your trainer, maintain proper form and technique, and communicate openly about your comfort level and any discomfort or pain experienced during exercises. Listen to your body, and do not push yourself beyond your limits.

 

Inappropriate Use of Equipment:

 

Clients are responsible for using all equipment appropriately and in accordance with the instructions provided by our staff. If clients use equipment inappropriately or fail to follow safety guidelines, Evolve Performance Training, its trainers, and associated staff are not liable for any resulting injuries or damages.

 

Client Responsibility for Damaged Equipment:

 

Clients are responsible for any damage caused to our equipment through inappropriate use. In the event that equipment is damaged, clients must take immediate responsibility to report the damage to our staff and replace the equipment as soon as possible to maintain the safety and functionality of our facilities.

 

No Medical Advice:

 

Information provided by Evolve Performance Training, including on our website, in training sessions, or through any other medium, is for general informational purposes only. It should not be considered

a substitute for professional medical advice, diagnosis, or treatment. Always consult with a qualified healthcare provider for any medical concerns or questions you may have.

 

Results May Vary:

 

Individual results from our programs may vary based on factors such as genetics, effort, consistency, and adherence to the program. We do not guarantee specific results or outcomes, as they depend on individual factors and commitment.

 

Use of Facilities and Equipment:

 

When using our training facilities and equipment, please do so with care and follow all safety guidelines provided by our staff. Report any damaged or malfunctioning equipment immediately to ensure safety for yourself and others.

 

Minors:

 

If you are under 18 years of age, you must have the consent and supervision of a parent or guardian to participate in our programs.

 

By participating in our personal training programs and using our facilities, you acknowledge that you have read, understood, and agreed to this disclaimer. If you have any questions or concerns about these terms, please feel free to contact us. We look forward to helping you achieve your fitness goals while prioritizing your safety and well-being.