HIGHLANDS HEALTH CLUB
TERMS & CONDITIONS
UPDATED 22 OCTOBER 2024
Agreement to participate in personal or group training, group fitness classes & all other workouts
The ‘trainer’ refers to the personal trainer/fitness instructor/class teacher.
The ‘activity’ refers to the participation in personal strength, fitness and conditioning, assessments, fitness classes and all general advice.
When engaging in fitness programs and fitness classes accidents can happen which may result in injury or death from various causes including over exertion, dehydration, equipment failure and accidents with equipment and surroundings. I declare that I have voluntarily read and understood the information contained in this document and accept and assume the risk of injury from participation in fitness programs and fitness classes and participating in any other activity carried on by Highlands Health Club or its health professionals. I acknowledge that it is a condition of participating in the activities within Highlands Health Club that I do so at my own risk.
Informed Consent General Statement of Program Objectives and Procedures
I understand that a physical fitness program may include exercises to build the cardio-respiratory system (heart and lungs), the musculoskeletal system (muscle endurance, strength, and flexibility), and to improve body composition (decrease of body fat in individuals needing to lose fat, with an increase in muscle and bone). Exercise may include aerobic activities (treadmill walking/running, bicycle riding, rowing machine exercise, group aerobic activity, and other such activities), calisthenics, and weightlifting to improve muscular strength and endurance, and flexibility exercises to improve joint range of motion.
Description of Potential Risks
I understand that the reaction of the heart, lung, and blood vessel system to such exercise cannot always be predicted with accuracy. I know there is a risk of certain abnormal changes occurring during or during exercise, which may include abnormalities of blood pressure or heart rate, in effect of functioning of the heart, and in rare instances heart attacks. Use of the weightlifting equipment, and engaging in heavy body calisthenics, can lead to musculoskeletal strains, pain, and injury.
Improper Use
I agree that improper unauthorized use of the facility may result in suspension or cancellation. I agree not to let anyone use my access for any reason, and I agree to report any situation that appears to be access sharing to the gym staff. A security "tailgate" system has been installed to monitor and record instances of "tailgating". I understand that one act of access sharing will result in a termination of my membership.
The gym reserves the right to suspend or cancel the rights, privileges, and membership of any member whose actions are detrimental to the use, safety, and enjoyment of the facility.
No Supervision
I understand that I am purchasing a membership at a 24/7 facility that allows access at any time. As such, I am aware that there will be no supervision or assistance except during staffed hours. Staffed hours change at the sole discretion of the gym. I am aware that if I get injured, become unconscious, suffer a stroke, or heart attack or any other medical emergency or event that there may be no one available to offer assistance, call an ambulance or notify the gym staff. When in the gym while unstaffed I understand that it is my responsibility to wear an emergency alert pendant for my own safety. I understand that the gym is equipped with surveillance cameras, these record, and are monitored continuously.
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COMPLIANCE WITH 24/7 RULES
I understand and agree that a 24/7 gym membership is a special membership based on trust, which can be taken away for a violation of rules. As a gym member, I agree to abide by all gym membership rules and 24/7 membership rules, which are in this documents and may be amended from time to time at the sole discretion of the owner.
The additional rules below apply to a 24/7 membership:
• Mandatory fee for a 24/7 membership
• Only one 24/7 member may enter the gym front door at a time during non-staffed hours
• Access sharing is strictly prohibited and will result in the immediate loss of membership
• Only active, fully paid account members will be allowed entry
• Pre-approved 24/7 members under the age of 18 must be accompanied by an approved member parent until they reach the age of 18.
SUSPENSION
Please give 2 weeks notice of any upcoming suspension. Please limit suspensions to 8 weeks per 12 months.
JOINING FEE
The joining fee & membership fee are non-refundable. Membership is non-refundable for any other reason or circumstance, including but not limited to non-use, relocation, change of mind, change of employment, too busy or other health or personal problems.
TRANSFER OF MEMBERSHIP
Memberships are transferable. Please give 2 weeks notice of membership cancellation.
DIRECT DEBIT AUTHORITY
The direct debit membership payment continues automatically from the joining date. Please give 14 days notice of you wish to suspend or cancel. All memberships are payable whether you utilise the club or not. Highlands Health Club agree to notify me within 30 days of any increase in membership fees.
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RELEASE AND INDEMNITY
In consideration of the Highlands Health Club providing me with membership of Highlands Health Club, which entitles me to engage in fitness activities of the Highlands Health Club, I hereby:
Accept all risks and hereby indemnify and release the Highlands Health Club, their agents, trainers, affiliates, employees, members, sponsors, promotors and anybody directly or indirectly associated with the Highlands Health Club, against all liability (including liability for their negligence and the negligence of others), claims, actions, suits, losses, damages, penalties, fines, costs, demands, expenses, and proceedings arising out of or connected with my participation in these events.
> Give my assurance that this release and indemnity continues forever and binds my heirs, successors, executors, personal representatives and assigns.
> Declare I am medically and physically fit and free from impairment and able to participate in the physical activities, and that I have not be advised otherwise by my medical practitioner. I have undertaken, and/or will undertake all necessary fitness assessments and examinations as and if requested by the Highlands Health Club prior to engaging in any fitness activity. In the event that I become aware of any medical condition, injury, or impairment that will be detrimental to my health if I participate in these activities, I will immediately inform the Highlands Health Club. By continuing to participate in these activities, I accept the risks despite these conditions and am still, and will always be, under the terms of this agreement.
> Certify that I am 18 years or older and have read this document and fully understood it, OR as a parent or guardian of the participant (a) agree to the above for myself on behalf of the participant and (b) indemnify and will keep indemnified any person or body directly or indirectly associated with the Highlands Health Club with the conduct of the activity on the terms referred to.
> I voluntarily assume the risk of injury, accident, death, loss, cost or damage to my person or property which might arise from my use of the 24-hour gym, and I agree to hold harmless and release the gym and all affiliated corporations, and its officers, directors, board members, agents, employees, representatives, executors, and all others from all liability. I also release all of those mentioned and any others acting on their behalf from any responsibility or liability for any injury or damage to myself including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with my participation in any activities or the use of any equipment at the gym during staffed or non-staffed hours.
> I certify that I am in good physical health, and I can undertake and engage in the range of physical activities in which I choose to participate at the gym. I assume all responsibility for updating the facility with respect to any changes in my physical or mental condition and for reporting all injuries sustained at the facility to the gym staff. I understand and am aware that strength, flexibility, aerobic and anaerobic exercise, including the use of any equipment, is a potentially hazardous activity. I also understand that fitness activities involve a risk of injury and even death and that I am voluntarily participating in these activities and using equipment with knowledge of all the dangers involved. I do hereby agree to expressly assume and accept all risks of injury or death either accidental or otherwise.
MEMBERSHIP ACKNOWLEDGEMENT AND RESPONSIBILITY STATEMENT
I hereby agree & abide by the Terms & Conditions as set out above by the Highlands Health Club. In relation to the use of Highlands Health Club facilities, I will conduct myself appropriately & follow reasonable directions of Highlands Health Club & its staff whilst I am on or about the premises.
I acknowledge that if I fail to comply with any such policies or directions or otherwise engage in behaviour which is offensive or disruptive to Highlands Health Club, its staff, or other members, I may be asked to leave the premises &/or have my membership cancelled. In the event of such case, no refund of membership will be paid.
This contract represents the complete understanding between you and the gym. No representations written or oral, other than those contained in this contract are authorised or binding upon the gym. Should any part of this agreement due to legal or other regulatory changes become unenforceable, the remaining provisions within this agreement not impacted by such change shall remain in full force as originally written. You agree to promptly update the gym of any changes of address, phone, e-mail address and/or bank account/credit card information.
This waiver, release and indemnification agreement includes, without limitation, all injuries which may occur because of (a) my use of all 24-hour amenities and equipment in the facility and my participation in any class, activity, or personal training, (b) sudden unforeseen malfunctioning of any equipment and (c) my slipping or falling while in the facility, on the facility premises. I acknowledge that I have carefully read this waiver, release and indemnification agreement and fully understand that it is a full and complete release of all liability.
I certify that I have read and understand all the terms of the agreement and agree to abide by all of the terms of this agreement. By entering the Highlands Health Club I acknowledge that I am RESPONSIBLE AT ALL TIMES FOR MYSLEF and DO SO, AT MY OWN RISK.
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