Waiver
In consideration of me being permitted to participate in any activities and services with Matt Shiel of Athlete Sports Performance/EFST, I agree: 1. I understand the nature of Strength & Conditioning, Personal Training, and Nutritional Counselling and believe I am qualified to participate in such an activity, program and counselling. I further acknowledge that I am aware the activity and consulting will be conducted at a training facility/studio or at my home during the Activity. I further agree and warrant that if at any time I believe conditions or instruction to be unsafe, I will immediately discontinue further participation in the activity and program. 2. I FULLY UNDERSTAND that: (a) Strength & Conditioning, Personal Training, and Nutritional counselling involve risks and dangers of SERIOUS BODILY INJURY and ILLNESS, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“Risks”); (b) these Risks and dangers may be caused by my own actions, or inaction’s, the actions or inaction’s of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred as a result of my Participation in the activity, training, and nutritional counselling. 3. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS Matt Shiel, Athlete Sports Performance/EFST, and any respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the Activity takes place (each considered one of the “Releases” herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the “Releases” or otherwise, including negligent rescue operations and further agree that if, despite this release, I, or anyone on my behalf makes a claim against any of the Releases named above, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE OR COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND IT’S TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
TERMS AND CONDITIONS
1. PHYSICAL CONDITION OF PARTICIPANTS:
(a) Prior to commencing any personal or group training session with Athlete Sports Performance (ASP), you must complete the ASP registration form. You agree that you are in a reasonable physical condition and that you know of no medical or other reason why you are not capable of engaging in active exercise and that such exercise will not be detrimental to your health, safety, comfort or physical condition.
(b) ASP staff and contractors are not medically trained practitioners and are therefore not qualified to assess whether you are in good physical condition and/or that you can engage in active exercise without detriment to your health, safety, comfort or physical condition. ASP strongly advises that you seek expert advice from a doctor prior to commencing any running program if you are in any doubt about your ability to engage in active exercise.
(c) You agree not to train with ASP whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk to other ASP clients suffering ill-health.
2. RELEASE AND INDEMNITY: In consideration of ASP accepting your application for registration/membership, you agree that ASP shall not be liable for any death, personal injury or illness occurring at any training session.
3. MEMBERSHIP & MEMBERSHIP FEES:
(a) All membership fees must be paid in advance. Payments can be made via EFT or via PayPal on the ASP website. Cash payments can be accepted on the day but this must be communicated to ASP staff prior to commencing training sessions.
(b) Each ASP client must ensure that fees for training sessions are paid in full to ASP prior to the commencement of any training session.
(c) Packages must be used within their specified time period. All packages must be used with 12 months of purchase.
4. TRAINING SESSIONS: Each client must have suitable training attire, it is recommended that clients bring a water bottle to each training session even if the weather is cool.
5. AGE OF CLIENTS: Membership is not limited by age. If under the age of eighteen (18) years, a parent or guardian must complete the client’s ASP registration form. If under the age of eighteen (18) years, ASP will modify training programs and sessions. All ASP coaches have current working with children checks.
6. CANCELLATION OF SESSIONS: Any client who fails to attend a scheduled ASP personal training session without providing at least twenty-four (24) hours’ notice to their coach, either by email or phone must pay the full session fee for that particular training session. Any client who is unable to attend a personal training session and who provides at least twenty-four (24) hours’ prior notice of cancellation of that training session may be allocated another timeslot by their ASP coach at no extra cost but such rescheduling is in the discretion of the ASP coach.
7. CHANGES TO ASP TERMS AND CONDITIONS: ASP may change our terms and conditions from time to time. It is your responsibility to stay up to date with our terms and conditions via the ASP website. All new changes will be emailed out as well as being updated via the ASP website.
8. SOCIAL MEDIA: ASP will use social media to educate on physical performance and training such as exercises and ways to improve athlete performance and health. Additionally it will be used for marketing purposes. You deserve the right to refrain from being involved in social media posts and for posts to be removed. Please notify asap if would not like to be involved in social media.
9. WEATHER POLICY: Generally, ASP will train in all weather conditions, however, if the weather is inclement or dangerous such as lightning within the area of training, ASP reserves the right to cancel training session. This is for safety reasons.
10. CONFIDENTIALITY POLICY: No personal information from any ASP clients will be distributed to any third party or marketing company. All communication between coaches and clients will be kept strictly confidential.
11. COMPLAINTS AND FEEDBACK: ASP will provide feedback for any complaints forwarded in writing. ASP will endeavour at all times to assist you with any concerns you may have. For any complaints or feedback please email athletesportsperformance@gmail.com
12. PRIVACY POLICY: In the course of establishing a contract with you and during the term of that contract ASP will obtain personal information from you such as information concerning your health. ASP will keep your personal information private and confidential at all times.
13. AGREEMENT TO CONDITIONS: I have read and understand the ASP terms and conditions and I agree to adhere to the ASP rules and training policies.