1. Assumption of Risk

I acknowledge that the use of gym facilities, equipment, and participation in physical exercise involves inherent risks. These risks include, but are not limited to, muscle strain, injury, illness, property damage, serious injury, or death.

I understand that activities undertaken at FITGym Wanaka may include heavy lifting, strength training, cardio, high-intensity interval training (HIIT), and the use of recovery services such as infrared sauna and other recovery equipment, all of which carry increased levels of risk.

I voluntarily accept and assume full responsibility for all risks associated with my use of the facilities, whether known or unknown, and whether arising from my actions or otherwise.

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2. Acknowledgement of Unsupervised Use

I acknowledge that FITGym Wanaka operates on a 24/7 access basis and may be unstaffed during certain hours, including but not limited to early mornings, evenings, and weekends.

During unstaffed hours:

• I understand I am solely responsible for my own safety and conduct

• I agree to exercise caution and use equipment appropriately

• I acknowledge that no immediate assistance may be available in the event of injury or emergency

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3. Medical Declaration

I confirm that:

• I am at least 18 years of age

• I am capable of participating in exercise

• I do not have any medical condition that would make my use of the facilities unsafe

• If I have any medical concerns, I confirm that I have sought advice from a qualified health professional prior to participating.I accept full responsibility for monitoring my own physical condition during exercise.

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4. Release and Limitation of Liability

To the extent permitted by New Zealand law, I agree that Wanaka Fitness Limited (trading as FITGym Wanaka), its directors, employees, contractors, and agents shall not be liable for:

• Any loss, damage, or injury to my personal property

• Any injury or loss arising from misuse of equipment or failure to follow instructions

• Any injury or incident occurring during unsupervised use of the facility

• Any injury arising from participation in training, exercise, or recovery services

Nothing in this agreement is intended to limit or exclude rights under the Accident

Compensation Act 2001.
 

5. Rules and Member Conduct

I agree to comply with all rules, policies, and reasonable directions of FITGym Wanaka, including but not limited to:

• Using equipment correctly and safely

• Not dropping weights or using equipment in a manner likely to cause damage or injury

• Wearing appropriate footwear at all times

• Using a towel and wiping down equipment after use

• Not training under the influence of alcohol or drugs

• Treating all equipment with care and respect

• Refraining from offensive, abusive, or inappropriate language or behaviour

• Not wearing clothing that may be offensive or insensitive to others

• Not allowing non-payers entry to the facilities without prior permission

I acknowledge that failure to comply with these rules may result in suspension or termination of my membership without refund or notice.

 

6. Personal Responsibility for Use of Facilities

I acknowledge that I am responsible for:

• Selecting appropriate weights, exercises, and intensity levels

• Using equipment only for its intended purpose

• Ceasing exercise immediately if I feel unwell, dizzy, or at riskI understand that personal training or coaching services are optional, and that outside of those sessions I am solely responsible for my own training.

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7. Consent to Medical Treatment

In the event of illness or injury, I consent to receiving emergency medical treatment if deemed necessary. I acknowledge that I am responsible for any costs associated with such treatment.

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8. Damage and Misuse

I agree to be financially responsible for any damage to FITGym Wanaka property caused by:

• Negligence

• Misuse of equipment

• Intentional or reckless behaviour

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9. Modifications and Updates to Waiver

I acknowledge and agree that Wanaka Fitness Limited (trading as FITGym Wanaka) reserves the right to modify, amend, or update this Waiver at any time.

Any changes will take effect once notice has been provided via reasonable means, including but not limited to email, website updates, or member communication platforms.

I agree that my continued use of the facilities after such notice constitutes acceptance of the updated terms.

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10. Acknowledgement and Acceptance

I confirm that:

• I have read and understood this Waiver and Release Agreement

• I have had the opportunity to seek independent advice if required

• I voluntarily agree to be legally bound by its terms

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By creating an account, accessing the facility, or using FITGym Wanaka services, I

acknowledge and accept this agreement in full.