Risk warning, release & waiver
Focus Facilities Pty Ltd (ABN 53 669 932 423, ACN 669 932 423) trading as Dynamis Muay Thai (“Dynamis“, “we“), 24 Tatura Ave, Gosford NSW 2250. In this document “Dynamis” includes our owners, directors, employees, coaches, contractors and volunteers.
1. Risk warning: please read
Muay Thai is a combat sport and a dangerous recreational activity. Training involves kicking, punching, elbows, knees, clinching, sweeps, pad and bag work, partner drills, sparring and strength and conditioning. It also includes using the gym, the weights area and the recovery centre (sauna, hot rocks, ice bath). There are obvious and inherent risks, including:
- being struck, kicked or taken down, and accidental contact from a training partner;
- cuts, bruising, sprains, strains, dislocations, fractures, dental and eye injuries;
- concussion and head injury, including from sparring and clinching;
- injuries from equipment, weights, falling, or slipping on wet surfaces;
- heat illness, dehydration, fainting or cardiac events (from exercise, sauna or ice bath);
- in rare cases, permanent disability or death.
Some of these risks can happen even when everyone, including Dynamis, takes reasonable care.
2. My health
I confirm my answers to the Dynamis health questions are true and complete. I will tell a coach before training about any injury, medical condition, pregnancy, medication or symptom that could affect my safety, and about any change to my answers. If I answered “yes” to a health question, I will get clearance from a doctor before training. I will stop immediately and tell a coach if I feel unwell, dizzy, short of breath, or have chest pain or a head knock.
3. My responsibilities
I will follow coaches’ instructions and the gym rules, only spar when a coach allows it and at the level they set, use appropriate protective gear (mouthguard, gloves, shin guards and anything else a coach asks for), and train within my ability. I’m responsible for damage I cause to equipment through carelessness.
4. Release and waiver
To the extent permitted by law, and in return for being allowed to take part, I participate at my own risk. I release Dynamis from, and waive, any claim for death or personal injury (including illness and mental harm) that arises from my taking part in Muay Thai, training, sparring or classes, or my using the gym, weights area or recovery centre, including where caused by the negligence of Dynamis.
This release does not apply to: liability that cannot be excluded by law; reckless conduct or gross negligence by Dynamis; or a breach of a law that sets specific safety procedures.
5. Consumer guarantees
Nothing in this document limits any right I have under the Australian Consumer Law that cannot lawfully be excluded. Under section 139A of the Competition and Consumer Act 2010 (Cth), this release is limited to liability for death or personal injury from recreational services.
6. Medical treatment
If I’m injured or unwell, I authorise Dynamis to arrange first aid and emergency treatment (including an ambulance) at my cost.
7. General
This document is governed by the laws of New South Wales. If any part is invalid, the rest still applies. It applies every time I train or use the facilities, and continues after my membership ends.
By ticking “I agree” when joining or booking, I confirm I have read and understood this risk warning, release and waiver, that I am 18 or over, and that I agree to it. Dynamis records my name, the date and time, and this version.
Parents and guardians (under 18s)
If you are signing up a child, you agree to the following as their parent or legal guardian:
- Consent. I consent to my child taking part in Muay Thai classes and activities at Dynamis Muay Thai.
- Risk warning. I have read the Risk Warning above (section 1). I understand those risks apply to my child, including injury, concussion and, rarely, permanent disability or death.
- Health. My answers to the health questions for my child are true and complete, and I’ll tell a coach before class about any injury, condition, medication or change.
- Release (my own claims). To the extent permitted by law, I release Dynamis from any claim I may have arising from my child’s participation, on the same terms and with the same exceptions as section 4.
- Indemnity. To the extent permitted by law, I indemnify Dynamis against any claim brought by or for my child for death or personal injury from my child’s participation, except where caused by Dynamis’s reckless conduct, gross negligence, or a breach of law that can’t be excluded.
- Medical treatment. I authorise Dynamis to arrange first aid and emergency treatment for my child at my cost, and I’ll keep my contact details current.
- Collection. I’ll make sure my child is dropped off and collected on time, and I understand Dynamis supervises children only during their class.