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With immediate effect, the following terms shall be deemed incorporated into the contract between members and the Busselton Fitness Club Inc.  Applying for or renewing membership shall be deemed to constitute acceptance by you of the inclusion of the following terms and conditions:

 

1.   Release and Indemnity

 

      In consideration of the Club providing members with the use of the Club’s facilities, the member hereby:

 

      1.1   Releases and forever discharges the Club, its committee members, managers, staff, personnel and its other members from all actions, suits,

              claims, demands, rights, costs and other liabilities of any nature which the member may now or at any time hereafter have or but for this clause

              could or might have had against the Club, its committee members, managers, staff, personnel and its members or any of them and whether

              known, unknown or incapable of being known at the time of execution applying for or renewing the member’s membership, arising out of or in

              connection with the use by the member of the Club’s facilities or any act, matter or thing done or omitted to be done by the Club in connection

              with or as a consequence of allowing the member access to and use of such facilities.

 

     1.2   Agrees that except by way of enforcement of this agreement, this agreement operates as an absolute bar to all actions, causes of action,

             proceedings, claims, accounts, demands, costs and expenses (including legal costs and expenses) threatened or brought or attempted to be

             brought by or in the name of the member against the Club and or any of its committee members, managers, staff, personnel and its members

             arising out of or in connection with the provision by the Club to the member of access to and use of the Club’s facilities.

 

     1.3   To the maximum extent permitted by law the member hereby indemnifies and agrees to keep fully and effectively indemnified at all times the Club

             and its committee members, managers, staff, personnel, and its members from and against any liability for costs and expenses incurred by the

             Club and or its committee members, managers, staff, personnel and its members in defending any claim or proceeding, whether civil or criminal,

             in respect of any liability arising under any cause of action, proceeding, claim, account, demand, costs or expenses incurred or alleged to have

             incurred by the Club and or its committee members, manager, staff, personnel and its members in or in any way related to the provision by the

             Club to the member of access to and use of the Club’s facilities.

 

2.   Release Not Limited

 

      For the avoidance of doubt the member acknowledges and agrees that the release and indemnity contained above includes and is not limited to all or

      any claims made in respect of any legal liability for or in relation to all or any of the following:

 

      2.1   Any delay, injury or death of any person carried or to be carried by the member or who is a client of, or an employee, servant, agent or contractor

              to the member;

 

      2.2   Any damage to or delay or loss of any goods or property of the member; and

 

      2.3   Any damage to or loss of any property owned, operated or in the care or control of the member including or consequential loss and damage.

 

All or any of which arise from any act or omission by the Club in the performance or non-performance of its provisions by the Club to the member of access to and use of the Club’s facilities and includes loss or damage suffered in the vicinity of the Club, including its carpark.

 

1.   Risk and Insurance

 

      The member expressly accepts all risks and liability in respect of any physical loss or damage to the member’s property or the operation by the Club of

      its usual services to its members and the member shall at all times keep and maintain adequate and appropriate insurance cover in respect of any

      such loss or damage, including loss or damage caused during or in the course of the provision by the Club to the member of access to and use of the

      Club’s facilities.

 

2.   Interpretation

 

      For the purpose of these conditions every reference to the member includes a reference to all guests, family members and other persons who utilise

      the Club’s facilities at any time at the request of, or in conjunction with, the member.The member’s agreements are made on behalf of the member and

      all such other persons, as the member hereby warrants.