The following terms and conditions and constitute an agreement between GEORGIA RUDZKI trading as PILATES FIT PHYSIO (ABN 86218726865) and SHONA ACHILLES trading as NOURISHED CORE PILATES (ABN 82 661 505 151) (together, “the Studio”, "we", "us", "our") and you, a client of the Studio and/or a participant in its Pilates classes or sessions, (“I”, “your ”, “you”, “your”, “client”, “participant”) (“Services”) (“Consent”). This Consent applies to your use of our Services at any time now or in the future, on each and every occasion. Please read through the following carefully. If you do not agree to provide this Consent on each and every occasion, you should not use our Services. Please carefully read the following Consent, and if you agree, sign where provided for below: I acknowledge and agree the following Consent is freely given on an informed basis: a) that I may be engaging in physical exercise while attending the Studio or facilities which the Studio utilises for the purpose of teaching exercises, which could cause me injury. I hereby state that I am and will be voluntarily participating in these activities, and I hereby assume all risk of injury, which might result from these activities. b) There exists a possibility of certain dangers when exercising. They may include abnormal blood pressure, fainting, irregular, fast or slow heart rhythm, and in rare instances the possibility of heart attack, stroke or death. I confirm and understand that it is important for me to stop whenever I experience feelings of fatigue or any other discomfort, or at any other time that I wish. c) Whilst every care will be taken it is impossible to predict the body’s exact response to exercise. Every effort will be made to minimise these risks by evaluation of preliminary information relating to your health and fitness and by observations during exercising in supervised exercise classes or exercise sessions. d) I understand that there may be an element of hands-on teaching / correction of the exercises during the group Pilates classes or individual exercise prescription and I give consent to receive hands-on teaching of exercises unless I inform the Physiotherapist and/or Pilates Instructor directly about being uncomfortable about this. e) I realise that if I swap to another class time the teacher may not have immediate access to my health declaration form and that it is my responsibility to make them aware of any current health or injury problems, my responsibility not to work beyond my usual level of difficulty and to make my own adaptations as needed. f) I will inform the Physiotherapist and/or Pilates Instructor in charge of the session and my treating physiotherapist (if any) of any changes to my health which may affect my ability to exercise. PRIVACY g) We will collect, use and disclose any personal information you provide in accordance with our privacy policy. For information on our information collection and handling practices, please request our privacy policy. LIABILITY h) I hereby waive and release any and all claims that I now have or may have against the studio, its employees or agents for injury sustained by the studio as a result of participation in physical exercises and activities. i) I agree that neither party will be liable to the other under or in connection with this Consent for any Consequential Loss. Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties at the date of execution as a likely result of breach of this Consent: (i) incidental, special, remote or unforeseeable loss or damage; (ii) loss of revenue, profit, income, bargain, opportunity, use, production, business, contract, goodwill, or anticipated savings, or loss caused by business interruption, but excluding loss of any amounts that would, but for the act or omission of a party, have otherwise been payable under this Agreement; (iii) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or (iv) loss or damage of the nature set out above in clauses (i) and (iii) (inclusive) that is incurred or suffered by or to a third party. j) I agree that if the Studio is found liable to me, then the liability of the Studio will not exceed the cost of the Services paid by me. k) I agree to indemnify the Studio against all claims and losses (including reasonable legal costs) incurred by the Studio arising out of or in connection with: (i) any death of, or injury to, any person and any loss to the property of any person, caused by my act or omission; or (ii) any breach of this Consent by me. l) Certain legislation including the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) (ACL), and similar consumer protection laws and regulations, may confer me with rights, warranties, guarantees and remedies relating to the Studio’s provision of the Services or Products which cannot be excluded, restricted or modified (“Statutory Rights”). m) If the ACL applies to me as a consumer, nothing in this Consent excludes my Statutory Rights as a consumer under the ACL. I agree that the Studio’s liability for the Services and any goods provided to a person defined as a consumer under the ACL is governed solely by the ACL and this Consent. n) Subject to my Statutory Rights, the Studio excludes all express and implied warranties, and all material, work and the Services are provided to me without warranties of any kind, either express or implied, whether in statute, at law or on any other basis. However, under certain legislative provisions, the Studio can ask me to accept some limitations to the ACL guarantees. By providing this Consent, I agree that the Studio may, to the extent permitted by law, exclude or limit its liability to me for death or injury from any failure by the Studio to comply with the ACL guarantees. This exclusion does not apply if my death or injury is caused by the Studio’s reckless conduct (as defined in the ACL). PERSONAL PROPERTY o) I agree that the Studio will not be liable or responsible to me if any of my personal possessions become lost, stolen or damaged at the Studio. I understand and acknowledge that I have been recommend not to leave any valuable personal possessions unattended at the Studio. I hereby acknowledge and agree that I have carefully read this Consent and fully understand that by signing this Consent I provide a release of liability of the Studio as set out above, and I further agree and acknowledge that such a waiver and release is reasonable and proper based on the nature of Services to be provided to me.