This is an important document and you, or your guardian, should read it carefully. By completing the Central West Health and Rehabilitation After Hours Membership Waiver, you acknowledge that you have read and understand these terms and conditions.

Joining a gym is a ‘recreational activity’ involving physical activity. Physical activity and sport in general contain inherently dangerous elements, and participation involves an assumption of risk. Accidents can and do happen which may result in personal injury, death or property damage. Prior to joining, you should ensure you are aware and comfortable with the risks involved, including those risks associated with any health condition you may have.

To the best of our knowledge, the facilities and physical activity programs offered by Central West Health and Rehabilitation have been designed and established to provide the optimum level of beneficial exercise and enjoyment without compromising the health and safety of those who utilize the facilities or participate in the activities. Because of the nature of the programs made available at Central West Health and Rehabilitation, and the equipment, which is an integral part of many of the activities, there is an inherent risk of injury which characterizes any exercise activity resulting in a practical limitation placed on Central West Health and Rehabilitation in its efforts to prevent injuries to participants, whether actively participating in exercises, utilizing the equipment or taking advantage of the various other facilities at the Centre.

Central West Health and Rehabilitation enlists your assistance in assuring that the facilities and the equipment are utilized in a proper manner so that the inherent risks which exist under the control of the Centre, as well as those outside the control of the Centre and partially within the control of each individual participant, are minimized by the participant’s thoughtful and cautious use of both the equipment and the facilities.

In consideration of the above factors, the undersigned participant acknowledges the existence of risks in connection with these activities assumes such risks and agrees to accept the responsibility for any injuries/illness sustained by him/her in the course of his/her use of the facilities and/or the equipment.

More specifically, the participant acknowledges and accepts risks in one or more of the following are as:

As the gym user, it is important you acknowledge the existence of and the need for certain rules and procedures concerning the use of the equipment and facilities that are a part of the Central West Health and Rehabilitation as set out in Appendix 2. He/She agrees to abide by those rules and to make every individual effort to assure that the equipment and facilities are kept in safe and usable condition. Any breach of the rules in Appendix 2 may lead to your gym membership being cancelled, or prosecution for more serious breaches.

By signing this form, you acknowledge, agree, and understand that commencing a gym membership may involve risk. You agree and undertake any such risk voluntarily and at your own risk. You acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation, including the Civil Liability Act 2002 (WA).

It is possible for a supplier of recreational services or recreational activities to ask you to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 of the Competition and Consumer Act 2010 (Commonwealth) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities).

If you sign this form, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the supplier in relation to recreational services or recreational activities that you undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out in Appendix 1.