Waiver, Release of Liability, Assumption of Risk, Risk Warning & Indemnity (Queensland, Australia)

This Waiver, Release of Liability, Assumption of Risk, Risk Warning and Indemnity Agreement ("Agreement") is entered into between the undersigned participant ("Member") and Limitless Performance Centre ("LPC"), including its owners, directors, officers, coaches, employees, contractors, volunteers, agents and representatives (collectively referred to as "LPC").

This document forms a legally binding agreement. By signing this Agreement, the Member acknowledges and agrees to the following terms.

IMPORTANT RISK WARNING & EXCLUSION OF CONSUMER GUARANTEES – RECREATIONAL SERVICES

By signing this Agreement, the Member acknowledges that:

Warning: Participation in recreational activities supplied by Limitless Performance Centre involves a significant risk of physical harm.

Recreational activities include, but are not limited to:

  • Strength training

  • Resistance training

  • Olympic weightlifting

  • Powerlifting

  • Functional training

  • Conditioning

  • Athletic development

  • Personal coaching

  • Small group coaching

  • Open gym training

  • Any exercise or fitness activity conducted at LPC

These activities carry risks that may result in:

  • Physical injury

  • Permanent disability

  • Illness

  • Death

The Member acknowledges that these risks cannot be eliminated and voluntarily chooses to participate despite those risks.

Under section 139A of the Competition and Consumer Act 2010 (Cth) (which incorporates the Australian Consumer Law), suppliers of recreational services may exclude liability for death or personal injury (including aggravation of pre-existing conditions) arising from failure to comply with consumer guarantees (e.g., due care and skill, fitness for purpose).

By signing this Agreement, the Member agrees that, to the maximum extent permitted by law (and subject to s 139A(5) which preserves liability for reckless conduct), any liability of LPC for death or personal injury resulting from a failure to comply with those guarantees is excluded.

The Member acknowledges these risks cannot be eliminated and voluntarily chooses to participate despite them. This constitutes a risk warning under the Civil Liability Act 2003 (Qld).

1. Acknowledgement of Inherent & Obvious Risks

The Member acknowledges that physical exercise and strength training are dangerous recreational activities under ss 17–19 of the Civil Liability Act 2003 (Qld), involving inherent, obvious and substantial risks of injury (ss 13–16).

Risks include (but are not limited to):

  • Muscle strains/tears

  • Ligament/tendon injuries

  • Joint/spinal injuries

  • Broken bones

  • Head injuries/concussions

  • Equipment-related injuries

  • Slips, trips, falls

  • Overexertion

  • Serious injury, permanent disability or death

These risks may arise from:

  • Lifting heavy loads

  • Repetitive movements

  • Fatigue

  • Improper technique

  • Equipment misuse/malfunction

  • Training beyond limits

  • Contact with equipment/others

  • Actions/negligence of other members

  • Coaching (or lack thereof)

  • Unsupervised training

The Member freely and voluntarily assumes all such risks, known and unknown, including obvious risks of a dangerous recreational activity. LPC has no duty to warn of obvious risks (s 14 CLA).

2. 24/7 Facility Access & Unsupervised Training

LPC provides 24-hour access via digital systems, which may include unsupervised periods.

The Member acknowledges and accepts:

  • Training may occur without LPC staff/coaches present

  • Emergency assistance may not be immediate

  • Solo use of strength equipment increases risk

  • Injuries may occur without prompt help

The Member assumes full responsibility for their safety during unsupervised access.

3. Equipment Use & Safety Responsibilities

The Member agrees that they will:

  • Use equipment only for its intended purpose

  • Follow all safety instructions and coaching guidance

  • Use appropriate weights and progressions

  • Maintain safe lifting techniques

  • Re‑rack weights and maintain a safe training area

  • Immediately stop exercise if experiencing pain, dizziness or distress

The Member acknowledges that misuse of equipment significantly increases the likelihood of injury and accepts full responsibility for safe equipment use.

4. Access Credentials & Facility Security

LPC provides facility access via HybridAF digital access systems.

The Member agrees that:

  • Access credentials are strictly personal

  • Access must never be shared, transferred or provided to another person

  • Members must not allow unauthorised persons to enter the facility

The Member accepts responsibility for any injury, damage or loss caused by individuals they permit access to the facility.

Misuse of facility access may result in a $250 fine, as well as immediate suspension or termination of membership.

5. CCTV & Security Monitoring

For safety and security purposes, LPC facilities may be monitored using CCTV and security systems.

By entering the premises, the Member acknowledges and consents to video recording within the facility.

Footage may be used for:

  • Safety monitoring

  • Incident investigation

  • Security enforcement

  • Legal or insurance purposes

6. Medical Acknowledgement

The Member confirms they are physically capable of participating in exercise activities.

The Member acknowledges that LPC coaches are fitness professionals and not medical practitioners.

Any advice provided by LPC staff is not medical advice.

The Member is responsible for:

  • Seeking medical clearance where necessary

  • Managing injuries or medical conditions

  • Informing LPC of any condition affecting safe participation

7. Emergency Medical Consent

In the event of injury or medical emergency, the Member authorises LPC staff to:

  • Provide basic first aid

  • Contact emergency services

  • Arrange medical assistance

LPC staff will act in good faith and shall not be liable for the outcome of emergency medical assistance.

8. Third‑Party Health Professionals

LPC may recommend or refer Members to allied health professionals including physiotherapists, dietitians or other healthcare providers.

These professionals operate independently of LPC.

LPC accepts no responsibility for services provided by third‑party practitioners.

The Member authorises LPC to share relevant training or injury information with allied health professionals where reasonably required to support the Member's health or recovery.

9. Photography, Video & Media Release

LPC may capture photographs or video within the facility for coaching, education or promotional purposes.

By signing this Agreement, the Member grants LPC permission to use images or video that may include the Member for:

  • Social media

  • Marketing

  • Website content

  • Educational materials

Members who do not wish to appear in media must notify LPC in writing to opt out.

10. Release & Waiver of Liability

To the maximum extent permitted under the laws of Queensland and Australia, the Member releases and discharges LPC from any and all liability for injury, illness, loss, damage or death arising from participation in LPC activities or use of LPC facilities.

This includes claims arising from:

  • Negligence

  • Equipment use

  • Coaching instruction

  • Facility conditions

  • Participation in training programs

  • Independent training

  • Unsupervised access

This includes claims from obvious/inherent risks of dangerous recreational activities.

11. Australian Consumer Law Notice

Under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law, certain statutory guarantees may apply to services supplied by LPC.

To the extent permitted by law, the Member agrees that liability arising from recreational services is excluded in accordance with the Civil Liability Act 2003 (Qld).

Where liability cannot be excluded, LPC's liability is limited to the maximum extent permitted by law.

12. Indemnity

The Member agrees to indemnify and hold harmless LPC from any claims, damages, losses, liabilities or expenses arising from:

  • Participation in LPC activities

  • Misuse of equipment

  • Breach of facility rules

  • Allowing unauthorised persons into the facility

This indemnity applies except where liability cannot legally be excluded.

13. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

14. Electronic Signature

This Agreement may be executed electronically.

Electronic signatures shall be considered legally binding and equivalent to handwritten signatures.

15. Acknowledgement of Understanding

By signing this Agreement, the Member confirms that they:

  • Have read and understood this Agreement

  • Understand the risks associated with exercise and strength training

  • Understand they are giving up certain legal rights

  • Voluntarily agree to participate in LPC activities

IMPORTANT ACKNOWLEDGEMENT

I acknowledge that I have read this Agreement carefully and fully understand its contents. I understand that by signing this Agreement I am voluntarily giving up certain legal rights, including the right to make a claim against Limitless Performance Centre for injury, loss or damage arising from participation in recreational activities, to the maximum extent permitted by law.