DEFINITIONS

In this Agreement:

1. The term ATHLETIC ACTIVITY or ATHLETIC ACTIVITIES includes but is not limited to personal training, fitness classes, team or individual competitions, fitness assessments, use of facilities, observation of athletic activities, Olympic lifting (weightlifting), powerlifting, strongman training or competitions, gymnastics, strength and conditioning, metabolic conditioning, plyometrics, interval training, bodyweight conditioning, bouldering, rope climbing, macro climbing, stretching, outdoor, running on trails or sidewalks, sports and programs, clinics, seminars, and services provided to the athlete by HrdKAW Strength.
   
   
2. The term INJURY shall refer to all forms of physical, mental and emotional injury in any way related to athletic activity and transportation activities including, but not limited to: death, breaks, strains, lacerations, dislocations, exercise induced rhabdomyolisis, heart failure, concussion, frostbite, hypothermia, heat illness, dehydration, trauma, anxiety, and fears.

In consideration of HrdKAW Strength allowing me to participate in HrdKAW Strength activities, I acknowledge, understand and am aware that:

HrdKAW Strength and their owners, volunteers, directors, officers, employees, trainers, coaches, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (hereby referred to as HrdKAW Strength) are not responsible for any death, injury, loss or damage of any kind suffered by any person while using HrdKAW Strength facilities, participating in or watching HrdKAW Strength activities, caused in any manner whatsoever including, but not limited to, the negligence of HrdKAW Strength.

I am aware that athletic activities have inherent dangers and risks including but not limited to the potential for serious personal injury or death caused by any HrdKAW Strength athletic activities or any condition of the facilities or equipment of HrdKAW Strength, some of which include:

1. Transient light-headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain, discomfort, fatigue, nausea, heart failure, exercise induced rhabdomyolisis, and so forth;
   
   
2. All manner of injury resulting from slipping or falling, either roped or unroped, while jumping, skipping, running, walking, lifting, climbing and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment;
   
   
3. Abrasion, entanglement, lacerations, bruising, dislocation, and other injuries resulting from activities on or near stands, racks, weight bars, pull up bars, walls, ropes, cargo nets, medicine balls, and plyo boxes;
   
   
4. Injuries resulting from falling athletes or objects such as weights, dumbbells, bars, medicine balls, ropes, and so forth or by any objects dropped by other persons conducting athletic activities or assisting others;
   
   
5. Failure of the equipment, racks, stands, bars, attachments, anchors, ropes and harnesses; And I do hereby agree further acknowledge and agree:
   
   
6. That the athletic activities I am participating in requires a moderate to high degree of effort, are designed to be high intensity, and are intended to maximally challenge my cardiovascular endurance, stamina, strength, flexibility, speed, power, coordination, agility, balance and accuracy;
   
   
7. That I will honestly represent my level of fitness, health, nutrition, use of medication, medical history, and current physical, mental, and medical condition to HrdKAW Strength;
   
   
8. That although HrdKAW Strength takes steps to reduce the risks and increase the safety of all athletic activities, it is not possible for HrdKAW Strength to make these athletic activities completely safe;
   
   
9. That I am personally responsible for my preparation prior to athletic activities, my concentration and attention during these athletic activities, and for my post activity rest and recovery;

10. That I will learn and obey the rules and regulations of HrdKAW Strength, and that I will follow the instructions and directions of HrdKAW Strength during athletic activities;

11. That I will inform HrdKAW Strength immediately should I feel any pain, discomfort, fatigue, nausea or other symptoms that I may suffer during and immediately after athletic activities;

12. That I may stop participating at any time and that I may be directed to stop by HrdKAW Strength should I display noticeable signs of distress;

13. That I consent to give staff of HrdKAW Strength and staff of the facilities I train in permission to seek emergency medical services for me in the event of an accident, injury or illness during athletic activity with the understanding that I am responsible for any expense incurred;

14. That if I am signing on behalf of a minor child, I also give full permission for any person connected with HrdKAW Strength to administer first aid if deemed necessary, and in the case of serious accident, injury or illness, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the wellbeing of the child;

15. That HrdKAW Strength may photograph, videotape or audiotape you for instructional and promotional purposes without payment of any kind to you and without further notice to you or permission from you.

In consideration of HrdKAW Strength allowing me to participate in HrdKAW Strength activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that have or may have in the future against HrdKAW Strength and their owners, volunteers, directors, officers, employees, trainers, coaches, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (all of whom are hereinafter referred to as the “RELEASEES”) and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in the programs, activities and services provided by HrdKAW Strength, DUE TO ANY CAUSE WHATSOVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ATHLETIC ACTIVITIES;
   
   
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in athletic activities;
   
   
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any costs they may incur for medical costs, emergency transportation, and litigation resulting from my participation in athletic activities;
   
   
4. That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
   
   
5. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of NSW Australia and no other jurisdiction; and
   
   
6. Any litigation involving the parties to this Agreement shall be brought solely within NSW and shall be within the exclusive jurisdiction of the Courts of NSW.
   
   
7. In entering into this Agreement I am not relying on any oral or written representations or statements made by HrdKAW Strength with respect to the safety of athletic activities other than what is set forth in this Agreement.