FirstLight Cycle Westfield
HEALTH COMMITMENT STATEMENT AND WAIVER OF RIGHTS
FirstLight Cycle Westfield Limited (”we”/“our”/“us”) is committed to your health and wellbeing and want to ensure that you exercise with us safely. Please read this Health Commitment Statement and Waiver of Rights carefully before you participate in any of our classes. It should be read and interpreted in conjunction with our Terms and Conditions.
OUR COMMITMENT TO YOU
We and our instructors will make all reasonable efforts to ensure that our classes and equipment are safe for you to use and enjoy.
We and our instructors will take into account any personal injuries, disabilities or illnesses that you make us aware of and, where possible, shall try to accommodate and consider those needs during your class and/or make appropriate adjustments for you.
We reserve the right to refuse, restrict or immediately withdraw your access to a class if in our opinion, at our/our instructors’ absolute discretion, it is not safe for you to participate or there are any concerns about your participation.
You hereby agree to inform our instructors in advance of any class if you have an injury, disability or illness that may be affected by your participation in one of our classes.
You hereby agree not to participate in any class or specific exercise in a class which you have been advised is not suitable for you.
We will respect your personal decisions and allow you to make such personal decisions about what you can or cannot do or want to do in any of our classes. Nevertheless, we strongly advise you not to exercise beyond your own capabilities.
If in our opinion, we or one of our instructors, in our/their absolute discretion, believes that you would be at risk by participating in one of our classes, we reserve the right to immediately deny you access or to continue participating in our classes until you have provided us with a letter of opinion from a qualified medical practitioner (at your cost and expense) addressing our concerns and specifically advising us that you are safe and not at any physical risk when participating in our classes.
You must advise us/our instructors immediately should you feel ill at any point during a class.
WAIVER AND RELEASE
You hereby agree and accept that there are inherent risks associated with participation in any of our classes which involve strenuous physical activity.
WARNING: All classes contain flashing lights which may potentially trigger seizures for those with photosensitive epilepsy. If you have any concerns, please do not book or attend this class before speaking with a member of our staff.
Notwithstanding your commitment to us above to inform our instructors of any personal injury, disability or illness, and not to participate in any class which you have been advised is not suitable for you, we nor our instructors cannot accept any liability for any injuries you may incur during or connected with participating in our classes in accordance with clause 8.4 of our Terms and Conditions available here.
ACCORDINGLY, IN CONSIDERATION OF US ALLOWING YOU TO PARTICIPATE IN ANY OF OUR CLASSES, YOU HEREBY AGREE TO (1) ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES OR DAMAGE (OF WHATEVER DEGREE OR NATURE) WHICH ARE SUSTAINED OR AGGRAVATED BY YOU AS A RESULT OF, OR IN CONNECTION WITH, YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN OUR CLASSES; (2) WAIVE, RELEASE AND FOREVER DISCHARGE FIRSTLIGHT CYCLE WESTFIELD, ITS OFFICERS, AGENTS, EMPLOYEES, INSTRUCTORS, REPRESENTATIVES AND OTHERS FROM ALL RESPONSIBILITY, CLAIMS, RIGHTS, CAUSES OF ACTION AND/OR LIABILITY FROM INJURIES OR DAMAGES TO YOUR PERSON OR PROPERTY RESULTING FROM, OR CONNECTED WITH, YOUR PARTICIPATION IN OUR CLASSES INCLUDING THOSE CAUSED BY NEGLIGENCE; AND (3) WARRANT AND REPRESENT THAT TO YOUR KNOWLEDGE YOU HAVE NO MEDICAL OR PHYSICAL CONDITION WHICH WOULD PREVENT YOU FROM PARTICIPATING IN ANY OF OUR CLASSES AND/OR PUT YOU IN PHYSICAL OR MEDICAL DANGER AND HAVE NOT BEEN ADVISED BY A MEDICAL PRACTITIONER OR SIMILAR NOT TO DO SO. FOR THE AVOIDANCE OF ANY DOUBT, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS, FOR FRAUD OR FRAUDULENT MISREPRESENTATION.