Legal

Participant Waiver

Assumption of risk and release of liability

StatusDRAFT v2 · synced from markdown · Pending lawyer review
EntityAngles Pty Ltd, ABN 85 337 091 524 — confirm ASIC-registered name and ACN before publication
Sourcelegal/participant-waiver.md

Effective Date: __________________

This Participant Waiver, Assumption of Risk and Release of Liability Agreement applies to all users of the Evermoves® website, mobile application, online platform, virtual classes, recorded content and associated services provided by Angles Pty Ltd, ABN 85337091524

By selecting "I Agree", accessing or participating in any evermoves service, you acknowledge that you have read, understood and agree to be legally bound by this Agreement.

1. ACKNOWLEDGEMENT OF RISK

I acknowledge and agree that participation in exercise, movement, mobility, stretching, strength training, balance training, fascial release, meditation, breathing exercises, wellness education and other physical activities offered through evermoves involves inherent risks.

I understand that these risks may include, but are not limited to:

  • muscle strains and tears;
  • ligament injuries;
  • joint injuries;
  • falls;
  • dizziness or loss of balance;
  • aggravation of existing injuries or medical conditions;
  • cardiovascular events;
  • fractures;
  • permanent disability; and
  • death.

I acknowledge that these risks may arise from my own actions, the actions of others, the condition of my exercise environment, the equipment used, or the nature of the activities themselves.

I voluntarily assume all risks associated with participation in Evermoves activities.

2. MEDICAL ACKNOWLEDGEMENT

I warrant and represent that:

  • I am physically and medically capable of participating in the activities offered through Evermoves;
  • I have sought medical advice where appropriate;
  • I do not suffer from any medical condition that would make participation unsafe;
  • I will cease participation immediately if I experience pain, dizziness, illness, injury or discomfort;
  • I accept full responsibility for monitoring my own physical condition during participation.

I understand that Evermoves does not provide medical advice, diagnosis, treatment or rehabilitation services.

3. ONLINE AND VIRTUAL PARTICIPATION

I acknowledge that Evermoves services are delivered through online, virtual and digital platforms and that:

  • instructors are unable to physically supervise, assess or assist participants;
  • instructors cannot guarantee that participants are performing movements correctly;
  • instructors cannot assess the safety of participants' environments;
  • I am solely responsible for ensuring that I have an appropriate and safe exercise space;
  • I am solely responsible for ensuring that any equipment used is suitable and safe.

I accept all risks associated with participating in online and virtual exercise programs.

4. PERSONAL RESPONSIBILITY

I agree that I am solely responsible for:

  • participating within my own capabilities;
  • modifying exercises where required;
  • seeking professional advice where necessary;
  • maintaining a safe exercise environment;
  • using appropriate equipment;
  • supervising any children or other persons present during participation.

I acknowledge that participation is voluntary and entirely at my own risk.

5. RELEASE AND WAIVER OF LIABILITY

To the maximum extent permitted by law, I release and discharge Evermoves, its directors, officers, employees, contractors, instructors, agents, affiliates, licensors and representatives from all liability, claims, demands, actions, damages, losses, costs and expenses arising from or connected with:

  • my participation in any evermoves activity;
  • injury, illness or death;
  • property loss or damage;
  • negligence;
  • errors or omissions;
  • equipment failure;
  • online platform interruptions;
  • acts or omissions of other participants.

This release applies whether arising in contract, tort, negligence, statute or otherwise.

6. INDEMNITY

I agree to indemnify and hold harmless Evermoves, its directors, officers, employees, contractors, instructors and agents against any claim, liability, loss, damage, cost or expense arising from:

  • my participation in Evermoves activities;
  • my breach of this Agreement;
  • my negligent or unlawful conduct;
  • claims brought by third parties arising from my participation.

7. NO MEDICAL OR HEALTH ADVICE

I acknowledge that:

  • Evermoves provides educational, wellness and movement-based services only;
  • no information provided constitutes medical advice;
  • Evermoves does not diagnose, treat, cure or prevent disease;
  • I should consult my medical practitioner before commencing any exercise program.

8. EMERGENCY SITUATIONS

I acknowledge that:

  • Evermoves instructors are unable to provide emergency assistance during virtual sessions;
  • I participate entirely at my own risk;
  • I am responsible for obtaining emergency assistance if required.

9. RESULTS DISCLAIMER

I acknowledge that:

  • individual results vary;
  • no guarantee of fitness, health, rehabilitation or performance outcomes is provided;
  • participation does not guarantee any particular physical or health result.

10. INTELLECTUAL PROPERTY

I acknowledge that all Evermoves content, including but not limited to:

  • videos;
  • programs;
  • classes;
  • written materials;
  • recordings;
  • graphics;
  • trademarks;
  • methodologies; and
  • educational resources,

remain the exclusive property of Evermoves and may not be copied, reproduced, distributed, recorded or shared without prior written permission.

11. PRIVACY

I consent to the collection, use and storage of my personal information in accordance with the Evermoves Privacy Policy.

12. AUSTRALIAN CONSUMER LAW

Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Competition and Consumer Act 2010 (Cth) or any other applicable legislation that cannot lawfully be excluded.

To the maximum extent permitted by law, any liability that cannot be excluded is limited to the resupply of the services or the cost of resupply.

13. GOVERNING LAW

This Agreement is governed by the laws of the State of New South Wales, Australia.

The parties submit to the exclusive jurisdiction of the courts of New South Wales.

14. ACKNOWLEDGEMENT

By selecting "I Agree", creating an account, accessing content or participating in any evermoves activity, I acknowledge that:

  • I have carefully read this Agreement;
  • I understand that I am giving up substantial legal rights;
  • I understand that participation involves inherent risks;
  • I voluntarily assume those risks;
  • I agree to be legally bound by this Agreement.

PARTICIPANT DETAILS

Full Name: _______________________________________

Date of Birth: _____________________________________

Email Address: ____________________________________

Date: ____________________________________________

Electronic Signature / Acceptance: ____________________

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