1.I acknowledge that by the use of Xcel Fitness NZ Ltd’s premises, facilities, equipment or other services for unsupervised weight training, cardio training or any other form of fitness, strength, flexibility or weight loss training or exercise (hereafter “Training”) involves an inherent risk of injury or even death.
2. I acknowledge that I am voluntarily participating in any Training, including the associated use of Xcel Fitness NZ Ltd’s premises, facilities, equipment or other services with the knowledge of the risks involved. I hereby assume all responsibly for my use of the premises, facilities, equipment or other services in respect of the Training.
3.I warrant that I am not suffering from any condition, disease, incapacity or other impairment that would prevent me from participating in any Training, and have either sought medical advice about my ability to participate in Training or have decided to participate in Training without medical advice. I warrant that the information I have provided to Xcel Fitness NZ Ltd regarding my medical condition(s) or other information is correct. I acknowledge that Xcel Fitness NZ Ltd has not and will not provide me with medical advice.
4.I acknowledge that while Xcel Fitness NZ Ltd will take an practicable steps to reduce the risks, and ensure the safety of equipment and facilities used for Training, it is not possible for Xcel Fitness NZ Ltd to eliminate all risk.
5.I hereby waive, release and discharge Xcel Fitness NZ Ltd, its officers, employees, agents, contractors, assigns and successors from and against any and all liability for any loss, damage, injury, expense, demand or cause of action that I may suffer with respect to personal injury, death, damage to or destruction of property, theft or otherwise that may arise as a result of my presence in, upon or about the premises as a consequence of my use of the facilities and equipment for Training or otherwise to the maximum extent permitted by New Zealand law.
6.I agree to indemnify and hold harmless Xcel Fitness NZ Ltd, its officers, employees, agents, contractors, assigns and successors from any and all losses, liabilities, damages, cost and expenses that they may incur, for any whatsoever, that may arise as a result of my participation in any Training and my presence in, upon or about Xcel Fitness NZ Ltd’s premises.
7.I acknowledge that I have read this waiver and have been allowed the chance to seek legal advice if I wish, and have either sought advice or decided not to seek advice. I acknowledge that I fully understand the terms of this waiver, and have signed it voluntarily. I confirm that I am over 18 years, or if under 18 year, this waiver has been signed by my legal guardian. I agree that this waiver binds my heirs, next of kin, executors, administrators and successors.