Warning Under the Australian Consumer Law And Fair Trading Act 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-
- are rendered with due care and skill; and
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
World Fitness Cartel Pty Ltd Trading as Elite Sports Nutrition Waiver
- You request to participate in the activities set out in your Elite Sports Nutrition Membership Agreement that is provided by Elite Sports Nutrition ABN 52 649 819 367 or third parties hired by Elite Sports Nutrition.
- You understand and acknowledge that the Activities, including but not limited to nutrition programming, guidance, and advice, meal plans, guides, and suggestions provided by Elite Sports Nutrition may expose you to risk, including breaches in World Anti-Doping Authority’s (WADA) banned substance list relevant to your sport, accidents, injury, illness or even death. You assume all risk of injuries associated with participation in the Activities, including but not limited to, food intolerances, allergic reactions including anaphylaxis, failing to meet competition weight categories, the effects of the weather, including high heat and/or humidity, and the loss of your personal property and exclude Elite Sports Nutrition from liability.
- Because nutrition programs and changes in diet can put you at risk of serious injury listed above, Elite Sports Nutrition urges you to consult your health practitioner prior to participating in any Activities. You agree that when you engage in the Activities, on the premises or off the premises, including at an event, you do so entirely at your own risk.
- You warrant and represent that you have no injuries, physical restrictions, disabilities, or predispositions to sickness, food allergies, or intolerances (Conditions) that may affect your participation in the Activities or that if you are aware of such Conditions, you advise Elite Sports Nutrition via the Risk Stratification Tool provided by us, and participate in any activities provided by Elite Sports Nutrition entirely at your own risk.
- You exclude Elite Sports Nutrition and its officers, employees, and contractors, the organisers, sponsors, other participants, and any other persons involved in your participation in the Activities with Elite Sports Nutrition (Releasees) from any demand, claim, or other proceedings in relation to any injury or death or loss or damage to personal property in connection with your participation in the Activities with Elite Sports Nutrition, whether or not caused by the negligence of a Releasee.
- You agree to indemnify each Releasee in relation to any demand, claim, or proceeding that may be brought in connection with your participation in the Activities with Elite Sports Nutrition where circumstances giving rise to such a demand, claim, or proceeding was caused or contributed to by you or your breach of Elite Sports Nutrition’s Membership Form and Agreement.
- You agree that should any part of this agreement and waiver be found by a court of law to be against public policy or in violation of any state statute or case precedence, then only that wording is removed and the remainder of this agreement and waiver will remain in full force.