Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit, or demand of any nature whether present or future, fixed or unascertained, actual, or contingent, at law, in equity, under statute or otherwise.

Wellness Studio means the Skuhlpt Wellness Studio located at Margaret River.

Wellness Studio Activities means activities you may participate in when receiving the Services and attending the Wellness Studio.

Loss means any loss, cost, expense (including legal costs on a full indemnity basis) or damage, whether direct or indirect, present, or future, fixed or ascertained, actual or contingent and whether arising under contract, in tort, at common law, in equity, under statute, under an indemnity or otherwise.

Member Contract means our membership terms and conditions found here [https://www.skuhlpt.com.au/pages/sanctuary-guidelines] (as varied from time to time).

Representative means any person acting for or on behalf of us and includes any director, officer, employee, agent, contractor, or sub-contractor of ours.

Services means Wellness Studio and fitness services provided by us at the Wellness Studio.

You acknowledge there are risks involved in receiving the Services, participating in the Wellness Studio Activities, and attending the Wellness Studio, including:

1. accidents which can result in serious injury or death;

2. injury or death due to negligence by you, us or third parties;

3. injury or death due to improper use or failure of the Equipment or third party equipment; and

4. strains, sprains, and other accidental injury; and

5. such risks may result in serious injury or fatality to you.

You acknowledge that participating in the Wellness Studio Activities may involve strenuous exercise and other high exertion activities and you are not obligated to perform or participate in any activity in which you do not wish to participate.

You acknowledge and agree that your use of the Wellness Studio is at your own risk.

You warrant that:

1. you have no physical impairments, injuries or illnesses that may endanger you, other people, or our Representatives;

2. you are not aware of any medical or physical condition that would prevent you from safely using the Equipment, including reconstructive surgery; and

3. you have disclosed to us prior to using the Wellness Studio, all injuries, discomfort, illnesses, and other conditions (including pregnancy), whether current or historical.

Subject to any rights you may have under the Australian Consumer Law (except those legally excluded by clause 3 of this Waiver) and to the extent permitted by law, you agree and waive your rights as follows:

We (and our Representatives) will not be liable and exclude all liability (whether arising under contract, in tort, equity, statute or in any other way) for all Loss sustained by you in relation to you receiving the Services, participating in the Wellness Studio Activities, and attending the Wellness Studio.

You hereby release us and Representatives from all Claims (whether arising under contract, in tort, equity, statute or in any other way) you may have against us and Representatives in connection with you receiving the Services, participating in the Wellness Studio Activities, and attending the Wellness Studio.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

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 are excluded, restricted, or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.  

Under the Australian Consumer Law (Western Australia), 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 exclusion of these statutory guarantees is brought to your attention by 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.

I ACKNOWLEDGE THAT I HAVE READ THE ABOVE WAIVER IN ITS ENTIRETY AND UNDERSTAND IT.  I CONFIRM THAT I SIGN THIS WAIVER FREELY & VOLUNTARILY.  I CONFIRM THAT THIS WAIVER WILL BE BINDING ON MY HEIRS, NEXT OF KIN, EXECUTORS & ADMINISTRATORS AND SHALL BE GOVERNED IN ALL RESPECTS BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF WESTERN AUSTRALIA, AUSTRALIA.