Acknowledgement of Risks, Injury & Obligations

I acknowledge that the Activities I have voluntarily agreed to undertake are dangerous activities, even when completed properly, and that by participating in them I am exposed to certain risks. Such “Activities” include fitness sessions incorporating high-intensity interval training, cardiovascular exercise, strength and conditioning training, resistance training, weight lifting, and other services provided to the participant by Kintsugi, affiliates and their respective directors, officers, coaches, staff, contractors, successors and assigns (“Representatives”) (collectively, “Kintsugi”) and all activities ancillary or incidental thereto.

I acknowledge and understand that the potential risks associated with my participation in the Activities include (but are not limited to) death, serious neck and spinal injuries that may result in complete or partial paralysis or brain damage, serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of the musculoskeletal system, and serious injury or impairment to other aspects of my body, general health and well-being. Except to the extent that the same may be precluded by applicable law, I assume the risk and responsibility for any injury or death resulting from my participation in any Activity and/or presence with Kintsugi.

I acknowledge and confirm that:
- my participation in any Activity is at my sole risk and responsibility; and
- I have no medical, mental or physical conditions which could interfere with my safety or ability to participate in any Activity, or else I am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition.

I acknowledge and understand that whilst participating in any Activity:
- my personal property may be lost or damaged and other persons participating in such Activity may cause me injury or may damage my property;
- I may cause injury to other persons or damage their property;
- the conditions under which such Activity is conducted may vary without warning;
- I may suffer damage to my property as a result of negligence or breach of contract by Kintsugi or faulty equipment; and
- there may be no or inadequate facilities for my treatment or transport if I am injured, and I assume the risk and responsibility for any injury, death or property damage resulting from my participation in any Activity and/or presence with Kintsugi.

I further acknowledge and understand that whilst participating in any Activity:
- I must comply with the House Rules;
- I shall exercise due care so as to avoid injury to myself and persons participating in such Activity;
- I must follow the safety advice, training directions and exercise instructions of the Kintsugi; and
- if, for any reason, I require first aid or medical assistance, I authorise Kintsugi to seek emergency medical assistance on my behalf with the understanding that I am responsible for all costs incurred.

I confirm that if I feel unwell during any Activity or feel pain Signature and/or discomfort, I will cease participating and immediately advise Kintsugi.

Waiver of Liability & Indemnity

In consideration of the acceptance of my payment for participating in the Activities (and except to the extent that the same may be precluded by applicable law):
- I hereby waive any and all claims for injury, loss, costs or damages that I have or may have in the future against Kintsugi or their Representatives in connection with my participation in any Activity (“Claims”), notwithstanding that such Claims may arise due to tort (including negligence), breach of contract, breach of statutory duty or misrepresentation; and
- I agree that I shall not, now or in the future, directly or indirectly, seek to make any Claim against Kintsugi or their Representatives.

Unless otherwise required by applicable law, Kintsugi’s liability to me in connection with any Claims shall be limited to a sum equal to the payment it has received for my participation in the Activities during the 1-year period preceding the date of the act or omission giving rise to such Claim.

I hereby agree to defend, fully indemnify on demand and hold harmless Kintsugi and their Representatives from and against all liabilities, claims, expenses, damages and losses including legal fees (on an indemnity basis) which Kintsugi or their Representatives may suffer arising from any breach of the terms and conditions of my participation in any Activity (including, without limitation, the House Rules) on my part, or in connection with any act, omission, default, negligence or conduct attributable to me.

This Acknowledgement and Waiver shall be effective and binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. This Acknowledgement and Waiver is intended to be as broad and inclusive as permitted by law and if any portion of this Acknowledgement and Waiver is held invalid, then the remainder of this Acknowledgement and Waiver shall remain in full force and effect.

Physical Activity Readiness Questionnaire

Being physically active is very safe for most people. If you are between the ages of 15 and 69, this physical activity readiness questionnaire (PAR-Q) will tell you whether it is necessary for you to seek further advice from your doctor before becoming more physically active. If you are over 69 years of age, and you are not used to being very active, it’s best to check with your doctor. Kindly read the 7 questions below carefully and answer each one honestly.