Participant Waiver & Release of Liability

IMPORTANT – PLEASE READ CAREFULLY

This document affects your legal rights. By selecting "I agree" during the online registration process and/or by accessing or using the Kingston Gym + Swim facility, you acknowledge that you have read, understood and agreed to the terms of this Participant Waiver & Release of Liability. This waiver operates alongside Kingston Gym + Swim's Terms & Conditions, Privacy Policy and Code of Conduct.

1. Parties & Scope

This Waiver applies to all members, participants, casual users, visitors and guests, including free trial participants, ("I", "me", "my") who access or use the facilities, services, equipment or programs operated by TNRC Pty Ltd trading as Kingston Gym + Swim ("Kingston Gym + Swim", "KGS", "we", "us", "our").

This Waiver applies to all activities, whether supervised or unsupervised, including but not limited to:

• Open gym use
• Small group training and classes
• Personal training / semi-private training groups
• Swimming pool use
• Sauna use
• Ice bath / plunge pool use
• Change rooms, showers and shared spaces
• Use of all equipment, fixtures and amenities
• Entry to and movement within the facility

2. Unsupervised Facility Acknowledgement

I acknowledge and understand that:

• Kingston Gym + Swim operates with limited staffed hours
• At many times, the facility, including the gym floor, pool, sauna and ice bath, may be unsupervised
• No lifeguard is on duty at any time
• No personal instruction, supervision or monitoring is provided unless expressly stated
• I am solely responsible for my own safety, actions and conduct while using the facility

3. Assumption of Risk

I understand and accept that participation in physical exercise, swimming, heat exposure, cold exposure and wellness activities involves inherent and significant risks, including but not limited to:

• Slips, trips and falls
• Drowning or near-drowning
• Heat stress, dehydration or fainting
• Cold shock or hypothermia
• Muscle strains, sprains or tears
• Cardiac events, stroke or loss of consciousness
• Equipment failure or misuse
• Injury caused by my own actions or the actions of others

I acknowledge that such risks may occur even when all rules are followed and even if equipment is used correctly.

I voluntarily assume all risks, whether known or unknown, associated with accessing or using Kingston Gym + Swim.

4. Medical Fitness & Responsibility

I confirm that:

• I am physically and medically fit to participate in activities at Kingston Gym + Swim
• I have not been advised by a medical practitioner to avoid physical exercise, swimming, sauna or ice bath use
• I understand that participation may involve risks related to physical exertion, heat and cold exposure

This includes, where applicable, pregnancy, post-natal conditions, cardiovascular conditions, or any other medical condition or injury that may be affected by exercise or environmental exposure.

I accept full responsibility for monitoring my own health and limits at all times.

5. Water-Based Activities (Pool & Ice Bath)

I acknowledge and agree that:

• I enter and use the pool and ice bath entirely at my own risk
• No lifeguard supervision is provided
• I am responsible for assessing my own swimming ability, water confidence and tolerance to cold exposure
• I will not enter the pool or ice bath if I feel unwell, dizzy, fatigued or impaired

I understand that water-based activities carry a real risk of serious injury or death, particularly in an unsupervised environment.

6. Sauna & Heat Exposure

I acknowledge that sauna use involves exposure to high temperatures and may cause:

• Dehydration
• Dizziness or fainting
• Heat stress or heat-related illness

I agree to use the sauna responsibly, follow all posted signage, use towels as required, and exit immediately if I feel unwell.

7. Emergency Response Systems

I understand that Kingston Gym + Swim may provide emergency response systems, including duress buttons or emergency alert devices, within the facility.

I acknowledge that these systems are provided as a risk-mitigation measure only and do not guarantee immediate assistance or supervision.

I accept that I train, swim and participate at my own risk and remain solely responsible for my personal safety at all times.

8. Release & Waiver of Liability

To the maximum extent permitted by law, I hereby release, waive and discharge Kingston Gym + Swim, TNRC Pty Ltd, and all of its directors, officers, employees, contractors, agents and insurers from any and all claims, demands, actions or causes of action arising out of or related to my participation or use of the facility.

This includes, without limitation, claims arising from:

• Negligence
• Lack of supervision
• Facility conditions
• Equipment failure or misuse
• Acts or omissions of other users

9. Exclusion of Liability

I understand that Kingston Gym + Swim does not guarantee my safety and does not accept responsibility for:

• Personal injury, illness or death
• Loss, theft or damage to personal property
• The actions or omissions of other members or visitors

Nothing in this Waiver excludes or limits rights that cannot be excluded under the Australian Consumer Law, but all other liability is excluded to the fullest extent permitted by law.

10. Compliance with Rules & Code of Conduct

I agree to comply with:

• All facility rules, signage and safety instructions
• Booking requirements, session limits and capacity restrictions applicable to the facility or specific areas
• The Kingston Gym + Swim Code of Conduct
• Directions issued by Kingston Gym + Swim staff or authorised personnel

Failure to comply may result in suspension or termination of access without refund.

11. Minors

Where the participant is under 18 years of age:

• This Waiver must be accepted by a parent or legal guardian
• The parent or guardian accepts all risks on behalf of the minor and confirms they have authority to do so

12. Governing Law

This Waiver is governed by and construed in accordance with the laws of the Australian Capital Territory. The participant submits to the exclusive jurisdiction of the courts of the Australian Capital Territory.

13. Acceptance

By selecting "I agree" during the online registration process and/or by accessing or using the Kingston Gym + Swim facility, I confirm that I have read, understood and voluntarily agree to this Participant Waiver & Release of Liability in full.