Guest Fitness Release and Waiver

THE FOLLOWING IS A WAIVER. READ ENTIRE DOCUMENT.

RETURNING AND CLICKING ASSOCIATED CHECKBOX WILL INDICATE I UNDERSTAND AND AGREE THAT I AM LEGALLY BOUND BY ITS CONTENTS.

In consideration for my use of Kia Ora facilities on a guest basis, I hereby stipulate and agree that:

I realize the risks of cardiovascular exercise, aquatic exercise, swimming, weight lifting, weight training and/ or body building, and I am fully aware of the possibility of mechanical and/or other malfunctions of cardiovascular equipment, pool, spa, weight machines, and/or apparatus, (“equipment”) due to the negligence of Kia Ora or otherwise, as well as the possibility of injury to me as a result of the use of such cardiovascular equipment, pool, spa, weight machines, and/ or weight machines apparatus. I therefore fully understand the serious consequences which might result due to my involvement in cardiovascular exercise, aquatic exercise, swimming, weight lifting, weight training and/ or body building while at Kia Ora premises and based on that understanding, as set forth in this paragraph, I voluntarily assume any and all risk of loss, damage or injury of any kind whatsoever from my use of any and all of the equipment and facilities of Kia Ora, and further and with full knowledge of the consequences (i.e. that I am waiving my right to sue) expressly waive any and all liability on the part of Kia Ora, or their respective trustees, beneficiaries, staff, officers, directors, shareholders and agents from my use of Kia Ora and its equipment and facilities.

I am physically sound and have medical approval to proceed with a normal routine of exercise, and all exercises shall be undertaken by me at my sole risk. I am in good health and have no physical conditions that would be aggravated by my involvement in cardiovascular exercise, aquatic exercise, swimming, weight lifting, weight training and/ or body building, nor do I have any physical limitations that would preclude said involvement.

I am forewarned that Kia Ora will not in any event provide medical and/ or hospitalization insurance for my benefit in the event of any injury to my person occurring as a result of my being on any portion of the premises of Kia Ora. I will save harmless and keep indemnified Kia Ora and their respective trustees, beneficiaries, staff, officers, directors, shareholders and agents from and against any and all actions claims, costs, expenses or demands, in respect of such injury or injuries, including death, howsoever caused rising out of or in connection with my use of the Kia Ora facilities or my being on any portion of said premises and notwithstanding that the same may have contributed to or may be caused by the negligence of Kia Ora, and its respective staff, representatives, agents, officers, directors shareholders, trustees or beneficiaries.

I will abide by each and every of the Kia Ora rules and regulations, and I further agree that if I fail to comply, that Kia Ora and its staff shall have the right at anytime, in their sole and absolute discretion, to cancel any guest privileges.

I am hereby informed of my option to sign a new release on each date that I use the Kia Ora facilities. However, I elect to forego that option, and I therefore acknowledge and intend that this release and waiver of rights shall be effective not only on the date hereof, but also on all occasions subsequent hereto when I use the Kia Ora facilities.

I HAVE READ THE ABOVE TERMS AND INTEND TO BE LEGALLY BOUND HEREBY AND UNDERSTANDING THIS DOCUMENT TO BE A COMPLETE WAIVER AND DISCLAIMER IN FAVOR OF KIA ORA OF ANY AND ALL LIABILITY.