501 TOWER – PORTAL LOGINX

  1. In this agreement:
    1. “501 Pty Ltd” includes 501 Pty Ltd, PDG Corporation Pty Ltd and PDG Facilities Management Pty Ltd and their affiliates/related parties, directors, officers, employees, agents, insurers, equipment suppliers, officials, contractors, servants, representatives, successors and assigns;
    2. “Activity” includes but is not limited to any kind of training, fitness, exercise, running, bike riding, weights, lifting, power lifting, stretching, sports, and programs, seminars, or any other related activities undertaken at the Facilities;
    3. “Injury” includes but is not limited to all forms of physical, mental, and emotional injury including, but not limited to death, injury, breaks, strains, lacerations, dislocations, heart failure, concussion, heat illness, dehydration, trauma, anxiety, and fears, or resulting from falling objects such as weights, dumbbells, bars, medicine balls, ropes, and so forth or by any objects dropped by other persons conducting athletic activities or assisting others, failure of the equipment or stands.
    4. “Tenant’s Agents” means:
      1. the Tenant’s employees, agents, contractors, invitees and visitors;
      2. each franchisee, licensee, concessionaire or sub-tenant of the Tenant; and
      3. the employees, agents, contractors, invitees and visitors of each franchisee, licensee, concessionaire and sub-tenant of the Tenant.
    5. “Facilities” means the wellness centre and gymnasium on level 2 of the building located at 501 Swanston Street, Melbourne;
  2. In consideration of 501 Pty Ltd permitting access to the Facilities, the Tenant acknowledges and agrees that:
    1. there are certain obvious and inherent risks in relation to the use and access of the Facilities including to the Tenant’s Agents;
    2. it, and it permits the Tenant’s Agents to, freely participate and accepts the risks involved in using and accessing the Facilities;
    3. it releases and indemnifies 501 Pty Ltd from any claim, action, demand, suit or proceeding for damages, loss, cost, expenses or any other remedy that either or both the Tenant and the Tenant’s Agents have or may have against 501 in respect of the Facilities or any part of the Facilities and anything related to the Facilities including any Injury suffered, whether arising at common law, in equity, or under statute or otherwise (Matters);
    4. it will not claim, sue or take any action against 501 Pty Ltd in respect of the Matters;
    5. 501 Pty Ltd is not responsible for any death, Injury, loss, or damage of any kind suffered by the Tenant and the Tenant’s Agents while using, participating in or watching any activities at the Facilities;
    6. the Facilities will not be supervised; and
    7. the Tenant will properly use and access all equipment within the Facilities and ensure that the Tenant’s Agents do so at all times.
  3. The Tenant acknowledges that the Tenant’s Agents are physically and mentally capable of participating at the Facilities having ensured they have consulted with their physician or doctor prior to engaging in Activity at the Facilities.
  4. The Tenant will comply with any and all rules and regulations in relation to the Facilities.
  5. This exclusion of liability does not apply to liability which cannot be contracted out of due to statute.

 

 

WARNING: If you participate in activities at this facility your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose are excluded.

NOTE: The change to your rights, as set out in or on this sign, 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.

1 February 2015.