Liability Waiver

IMPORTANT: READ BEFORE SIGNING

Inertia United Pty Ltd ATF Inertia Fitness Trust (ABN: 47615241028), trading as Inertia Fitness and additional other registered business names (herein referred to as "Inertia Fitness").

I, the participant member named below, have agreed to participate in the fitness programs, workouts, exercises, use of fitness equipment, use of recovery facilities and equipment, allied health services, and any other services and activities offered by Inertia Fitness, recognizing that these activities constitute a recreational sport activity. By signing this Waiver and Release Form, I voluntarily accept and assume all risks associated with my participation.

1. Interpretation: This Waiver and Release, unless the context otherwise requires:

(a) Any mention of items following "includes," "including," or similar expressions shall not serve to limit the scope of what else may be encompassed;

(b) The use of the singular shall also encompass the plural, and vice versa; and

(c) References to Inertia Fitness or me/myself shall extend to include successors, permitted assigns, and legal personal representatives, as applicable.

2. Assumption of Risk: I assume all risks of participating in the services provided by, or associated with, Inertia Fitness. I understand that physical fitness, exercise programs, recovery and relaxation services, and other activities may involve strenuous physical activities and carry inherent risks of physical or mental injury, illness, death or other health-related complications. These risks include, but are not limited to, the potential for strains, sprains, fractures, heart-related complications, heat exhaustion, hypothermia, or other injuries. I am aware that all activities can be dangerous, and I accept there is a degree of risk and acknowledge and agree that I participate in the activities and use the facility and equipment at my own risk. I acknowledge that I am solely responsible for my own health and safety and I assume all risks associated with any activities associated with Inertia Fitness.

3. Physical Condition: I hereby represent and warrant that I am in good physical condition and have no medical reasons, impairments, or disabilities that would prevent me from safely participating in any activities including physical activities at Inertia Fitness. I agree to exercise caution and judgement when engaging in activities at Inertia Fitness. If I have any concerns about my physical condition or medical history now or in the future, I will discuss them with my medical professional prior to participation, to ensure it is safe for me to participate in fitness programs, workouts, exercises, use of fitness equipment, use of recovery facilities and equipment, allied health services, and any other services and activities offered by Inertia Fitness.

4. Medical Assistance: I acknowledge my participation is entirely voluntary and I have the option to choose whether to rest, or abstain from participating in any activities offered by Inertia Fitness. I understand and agree that should I feel lightheaded, dizzy, faint, nauseated, or experience pain or discomfort, I will stop the activity and inform my trainer, coach, instructor or any Inertia Fitness staff member immediately. I give Inertia Fitness and its owners, directors, employees, agents, affiliates, volunteers and independent contractors permission administer first aid if deemed necessary, and/or to seek emergency medical services should I become injured or ill with the understanding that I am responsible for any expenses incurred.

5. Damaged, Lost or Stolen Property: I understand Inertia Fitness is not responsible for any of my personal property damaged, lost or stolen while in or around the premises or any such other premises associated with Inertia Fitness' activities including but not limited to parks, tracks, and fun run routes.

6. Media: I grant Inertia Fitness permission to use photograph, video, or other digital media in any and all of its publications, including web-based publications, without payment or other consideration unless expressly agreed and signed in writing.

7. Release and Waiver: In consideration for being allowed to participate in Inertia Fitness programs and activities, I (including my heirs, successors, executors, administrators, agents and assigns) hereby agree to release, indemnify, discharge, and hold harmless Inertia Fitness and its owners, directors, employees, agents, affiliates, volunteers and independent contractors from any and all claims, losses, liabilities, demands, actions, or causes of action that may arise from my participation, including but not limited to personal injury, illness, property damage, or any other loss or damage that may occur as a result of my involvement.

8. Indemnification: I agree to indemnify and hold harmless Inertia Fitness and its owners, directors, employees, agents, affiliates, volunteers and independent contractors from any and all claims, losses, liabilities, demands, actions, costs, and expenses, arising from my participation in activities at Inertia Fitness.

9. Compliance with Rules and Regulations: I agree to comply with all rules, regulations, and instructions provided by Inertia Fitness staff and posted within the facility.

10. Acknowledgement by Parent, Guardian or Supervisor of a Minor: Where this Waiver and Release Form is signed by the Parent, Guardian, or Supervisor of the participant member, the Parent, Guardian, or Supervisor consents to the minor's participation in the activities and provides the acknowledgements and indemnities in this Waiver and Release Form in its own right and on the participant's behalf.

11. Severance: If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall be replaced with a valid, legal, and enforceable provision that most closely reflects the original intention of the parties, and the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

12. Governing Law and Jurisdiction: These terms and conditions are governed by and construed in accordance with the laws of Queensland. Any disputes, claims, or legal actions arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts in Queensland.

13. Survival: This agreement is independent and survives termination of any relation between myself and Inertia Fitness.

14. Electronic Signature: This Waiver and Release Form may be signed physically or electronically through signup on the GymMaster app, or electronically signed in any other electronic format pursuant to the Electronic Transactions Act 1999. Your electronic signature is considered valid and binding, demonstrating your agreement to the terms and conditions outlined herein.

15. Contact: If you have any questions, concerns, or require further information, please feel free to contact the Manager, Harry Georgiou, directly:

Harry Georgiou | 0423 313 454 | harry@inertiafitness.com.au | 328-330 Montague Rd WEST END QLD 4101

16. Liability Limitation: To the fullest extent permitted by law, I hereby acknowledge and agree that Inertia Fitness and its owners, directors, employees, agents, affiliates, volunteers and independent contractors shall not be held liable for any claims, losses, liabilities, demands, actions, or causes of action arising from my participation in activities at Inertia Fitness, including but not limited to personal injury, illness, property damage, or any other loss or damage that may occur as a result of my involvement.

I understand and accept that by participating in these activities, I voluntarily assume all risks associated with them, and I hereby release Inertia Fitness from any liability, whether in contract, tort, or otherwise, that may arise during or as a result of my participation.

This liability limitation shall apply to the fullest extent permitted by applicable law, and I agree that in no event shall Inertia Fitness's liability exceed the amount paid by me for the services or activities provided by Inertia Fitness.

By signing this Waiver and Release Form, I acknowledge that I have carefully read and understood the terms of this Waiver and Release Form, and agree to its terms in entirety. I also acknowledge that I am of legal age and competent to sign this agreement, or that my parent or legal guardian has signed on my behalf if I am under 18 years of age.

Please retain a copy of this signed Waiver and Release Form for your records.