Thrive by Total Physiotherapy (Thrive)
Location:
225 Clovelly Road, Clovelly, NSW, 2031
Effective Date:
22/01/2025
Participant Waiver, Release, and Assumption of Risk
By signing this document, I acknowledge and agree to the following terms and conditions regarding my participation in the services provided by Thrive, including but not limited to physiotherapy sessions, Physiotherapist and Personal Trainer-led group exercise classes, and physical assessments (collectively referred to as “Activities”).
1. Acknowledgment of Risks
1.1 I understand that participation in the Activities involves inherent risks, including but not limited to:
•
Physical exertion, which may lead to injury, pain, or discomfort.
•
Use of equipment.
•
Risk of aggravation of pre-existing conditions or injuries.
1.2 I confirm that I have disclosed any relevant medical conditions, injuries, or limitations to Thrive prior to participation in the Activities.
1.3 I understand that while Thrive takes all reasonable steps to ensure the safety of its participants, injuries or unforeseen incidents may occur, and I voluntarily assume all associated risks.
2. Waiver of Liability
2.1 To the extent permitted by law, I release, waive, and discharge Thrive, its directors, employees, contractors (including physiotherapists and personal trainers), and agents from any and all claims, liabilities, or demands arising from:
•
Injuries, losses, or damages sustained during participation in the Activities.
•
Negligence (excluding gross negligence or willful misconduct) by Thrive or its representatives.
2.2 I acknowledge that this waiver does not exclude liability for personal injury or death caused by the negligence of Thrive as outlined in section 5N of the
Civil Liability Act 2002 (NSW)
and relevant provisions of the ACL.
3. Medical Clearance and Fitness to Participate
3.1 I confirm that:
•
I am in good physical health and do not have any condition that would prevent safe participation in the Activities.
•
I have sought medical advice where necessary and will notify Thrive of any changes to my health or fitness.
3.2 In the event of an emergency, I consent to Thrive seeking medical assistance on my behalf. I agree to be responsible for any associated costs.
4. Indemnity
4.1 I agree to indemnify and hold harmless Thrive, its directors, employees, contractors, and agents from any claims, costs, or damages (including legal fees) arising out of my participation in the Activities or my failure to comply with this waiver.
5. Consent to Photography and Media Use
5.1 At times, a representative of Thrive may take photos or videos to use for Promotional Material. You will always be asked if you Consent to being included in the Material, and you can Consent or Withdraw Consent at any time by providing verbal or written advice.
6. Governing Law
6.1 This agreement is governed by the laws of New South Wales, Australia, and any disputes will be subject to the exclusive jurisdiction of the courts in Sydney, NSW.
Acknowledgment and Signature
By signing below, I confirm that:
•
I have read and understood this waiver in its entirety.
•
I voluntarily agree to the terms and conditions outlined above.
•
I am over 18 years of age or have obtained parental/guardian consent if under 18.