LEVEL 2 GYMNASIUM & WELLNESS CENTRE, 501 TOWER RELEASE OF LIABLITY AND INDEMNITY FORM

1. In this document:

• a. “501” means 501 Pty Ltd (ACN 096 813 624) and PDG Corporation Pty Ltd (ACN 137 942 691) each of Level 17, 501 Swanston Street, Melbourne, Victoria and includes its directors, officers, employees, agents, servants, representatives, successors and assigns;
• b. “Building Management (BM)” means Connect Facilities Pty Ltd ABN 91 168 942 765, 17/501 Swanston Street Melbourne Vic 3000 and includes its directors, officers, employees, agents, servants, representatives, successors, and assigns;
• c. “Activity” includes but is not limited to any kind of training, fitness, exercise, running, bike riding, weights, lifting, power lifting, stretching, sports, and programs, seminars, or any other related activities undertaken at the Facilities;
• d. “Injury” includes but is not limited to all forms of physical, mental, and emotional injury including, but not limited to death, injury, breaks, strains, lacerations, dislocations, heart failure, concussion, heat illness, dehydration, trauma, anxiety, and fears, or resulting from falling objects such as weights, dumbbells, bars, medicine balls, ropes, and so forth or by any objects dropped by other persons conducting athletic activities or assisting others, failure of the equipment or stands; and
• e. “Facilities” means the wellness centre, gymnasium, quiet room (massage chair/s, sleeping pod/s) on Level 2 of the building located at 501 Swanston Street, Melbourne, Victoria.

2. In consideration of 501 permitting access to the Facilities and Building Management facilitating access to the Facilities, I acknowledge and agree that:

• a. there are certain obvious and inherent risks in relation to the use and access of the Facilities;
• b. I freely participate and accept the risks involved in using and accessing the Facilities;
• c. on behalf of myself, my heirs, executors or administrators, I release and indemnify 501 and Building Management from any claim, action, demand, suit or proceeding for damages, loss, cost, expenses or any other remedy I have or may have against 501 Pty Ltd or Building Management in respect of the Facilities or any part of the acilities and anything related to the Facilities including any Injury suffered, whether arising at common law, in equity, or under statute or otherwise (Liability Matters): any Injury suffered, whether arising at common lay, in equity, or under statute or otherwise (Matters)
• d. I will not claim, sue or take any action against 501 or Building Management in respect of liability Matters;
• e. I acknowledge and agree that neither 501 or Building Management is responsible for any death, Injury, loss, or damage of any kind suffered by me while using, participating in or watching any activities at the Facilities;
• f. the Facilities will not be supervised;
• g. I will properly use and access all equipment within the Facilities at all times; and
• h. any improper use or breach of any rules or regulations in relation to the Facilities may result in my access being immediately suspended or forfeited.

3. I acknowledge that I am physically and mentally capable of participating in the Facilities having ensured I have consulted with my physician or doctor prior to engaging in any Activity at the Facilities.

4. I will comply with any and all rules and regulations in relation to the Facilities which have been made available to me and that may change from time to time.

5. This exclusion of liability does not apply to liability which cannot be contracted out of due to law.

6. I have read, understood and agreed to the terms and conditions of this document and wish to use and participate in the Facilities.