Participant Waiver and Risk Warning
WAIVER OF LIABILITY
1. I have read the general risk warning and am aware that the Activities can be dangerous and have
inherent risks, and I accept that there is a degree of risk and acknowledge and agree that I participate in
the Activities at my own risk and subject to the terms of this waiver and risk warning (Waiver).
2. I acknowledge, agree and understand that:
(a) the Activities are performed voluntarily, and I warrant that I am in overall good health and that
no bodily or mental condition would create an unreasonable risk of harm to myself in
undertaking the Activities. I will only participate in Activities that I am capable of performing and
understand.
(b) the Activities may involve risk. I assume all risks known and unknown, in any way connected
with the Activities including, but not limited to, injury, damage, permanent disability, disease and
death resulting from the Activities, even if those risks arising from carelessness or negligence
on the part of TrailerFit PTY LTD.
(c) I accept full responsibility for any risk of injury, illness, damage, or loss to me or my property
that might result, whether arising out of the negligence of TrailerFit PTY LTD or otherwise
connected with the Activities.
3. For the purposes of the Wrongs Act 1958 (Vic) (and other equivalent State and Commonwealth
legislation, including section 139 of the Competition and Consumer Act 2010 (Cth)), I acknowledge that
the Activities are dangerous (and/or recreational services) and that there is a significant, inherent and
obvious risks to my health and safety in participating in the Activities. The potential risks include, but are
not limited to:
(a) death.
(b) physical or mental injury (e.g sprains, broken bones, spinal injury, muscle tears, paralysis);
(c) the coming into existence, the aggravation, acceleration or recurrence of any other condition,
circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that
is or may be harmful or disadvantageous to me or the community or that may result in harm or
disadvantage to me or the community.
4. I acknowledge, agree, and understand that:
(a) the risk warning in the preceding paragraph constitutes a risk warning for the purposes of
relevant legislation including sections 53 to 56of the Wrongs Act 1958 (Vic). I acknowledge that
the TrailerFit PTY LTD’s liability arising from the Activities is excluded or reduced to the
maximum extent permitted by law as a result of the risk warning.
(b) by signing this Waiver, to the maximum extent permitted by law:
(i) my rights to sue TrailerFit PTY LTD in relation to the Activities, if the Activities or
associated services were not provided in accordance with any express or implied
warranty or guarantee that the services will be provided with reasonable care and skill,
are excluded or alternatively limited to a refund of the cost of the Activities; and
(ii) I release TrailerFit PTY LTD from all liability for a failure to comply with any express or
implied warranty or guarantee that the services will be provided with reasonable care
and skill, in so far as the Activities result in my death or injury, but not including
significant personal injury caused by TrailerFit PTY LTD’s reckless conduct.
ACTIVITIES: Personal fitness and other physical training including, running, strength and
conditioning, individual and group classes and exercises, programs and
workshops, yoga, stretching and any other activities conducted by TrailerFit
PTY LTD & coaching team.
TRAILERFIT PTY LTD:
TRAILERFIT PTY LTD (75693872142) (including its employees, agents,
volunteers and contractors, together with local government and all public
bodies, landholders, sponsors and suppliers in any way involved in the
organisation or conduct of the Activities).
GENERAL RISK
WARNING:
Taking part in the Activities is subject to inherent risks. These include death,
serious injury or illness due to overexertion and strenuous activity.
ADDITIONAL WAIVERS AND INDEMNITY
5. In addition to any other releases, exclusions and warranties in this Waiver, to the maximum extent
permitted by law, I waive, release, indemnify, hold harmless and forever discharge TrailerFit PTY LTD
from any claim, notice, demand, action, proceeding, litigation, investigation, judgment, damage, loss,
cost, expense or liability (including for death or injury) (Claim) arising out of or incidental to the
Activities, including but not limited to, Claims or liability arising under statute, tort, contract, common law,
equity or the negligence or fault of TrailerFit PTY LTD for my death, disability, personal injury, damage,
or actions of any kind which may hereafter occur to the me, including while performing the Activities.
6. I acknowledge that I do not have to agree to exclude, restrict or modify or waive my rights against, or
release, TrailerFit PTY LTD, however TrailerFit PTY LTD may refuse to allow me to participate in the
Activities.
GENERAL
7. I acknowledge and agree that:
(a) my performance of the Activities is confirmation of my acknowledgement, understanding and
acceptance of this Waiver.
(b) this Waiver may be relied upon in any proceedings by me, my heirs, executors or assigns.
(c) when performing the Activities, I may be photographed, videotaped or recorded. I consent to
the use of these photographs, videotapes or recordings being used in any way (including
without limitation, social media) by TrailerFIT PTY LTD without compensation to me.
(d) the terms of this Waiver are governed by the laws of Victoria, and I irrevocably submit to the
non-exclusive jurisdiction of the courts of Victoria
8. The Waiver shall be construed broadly to provide a release, waiver and indemnity to the maximum
extent permissible under applicable law. If any portion is held invalid or unenforceable, it will be severed
and the balance shall, notwithstanding, continue in full legal force and effect.
9. If this Waiver is signed by the Parent/Guardian/Supervisor of the participant in the Activities
(Dependent), they consent to the Dependent’s participation in the Activities and provide the
acknowledgements and indemnities in this Waiver in their own right and on the Dependent’s behalf.
10. This Waiver may be signed electronically pursuant to the Electronic Transactions Act 1999.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
(VICTORIA)
If you (the participant) sign this form, you will be agreeing that your rights to sue the supplier under
the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way
set out in this form, if you are killed or injured because the services provided were not in accordance
with the statutory guarantees outlined below.
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of
certain goods and services. These guarantees mean that the supplier named on this form is required to
ensure that the recreational services it suppliers to you:
(a) are rendered with due care and skill; and
(b) are reasonably fit for any purpose which you, either expressly or by implication, make known to
the supplier; and
(c) might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer law and Fair Trading Act 2012, the supplier is entitled to
ask you to agree that these statutory guarantees do not apply to you.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to
gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing
the act or omitting to do an act with reckless disregard, with or without consciousness, for the
consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading
Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.