IF YOU ANSWERED ‘YES’ to any of the 6 questions, please seek guidance from medical practitioner prior to undertaking exercise.

FITNESS WAIVER AND RELEASE

(a)            I, (Participant) agree to abide by the rules of Tactical Motion Fitness and Performance. I am responsible for any damage to the equipment which I may cause due to negligence.

(b)            I HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge Tactical Motion Fitness and Performance, and its agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises, of, or for the benefit of, Tactical Motion Fitness and Performance, Limitless Strength & Wellness and the EXPLO Cafe provided that this waive of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.

(c)            I understand that the activities, in which I will participate, are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. On behalf of myself, my heirs, assigns, administrators, executors and next of kin, I waive all claims of damage, injuries and death sustained to me or my property, that I may have against the aforementioned release party to such activities, including claims in tort, contract, equity or otherwise.

(d)            I acknowledge, agree and represent that I understand the nature of Tactical Motion Fitness and Performance, I AM IN GOOD HEALTH and in PROPER PHYSICAL CONDITION to participate in such activities. I further agree and warrant that if at any time I believe conditions to be unsafe,

I will IMMEDIATELY DISCONTINUE further participation in the activity

(e)            I hereby declare that I have disclosed all pre-existing medical conditions, including but not limited to cardiovascular issues, respiratory conditions, musculoskeletal injuries, or any other health concerns that may affect my participation in activities. I agree to promptly inform, in writing, of any changes in my medical condition, musculoskeletal health or any other health concerns, and acknowledge that failure to disclose relevant health information may void this waiver and release.

(f)              By this Waiver, I assume any risk, and take full responsibility and waive and of personal injury; death, damage, or loss of personal property, associated with Tactical Motion Fitness and Performance, including but not limited to using the facility of Limitless Strength and Wellness and the EPLO Café and their equipment in any manner, form or fashion, and participating and/or engaging in any physical activity, event or other related activities on and off the premises.

(g)            This WAIVER AND RELEASE supersede any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.

(h)​ The laws of the Australian Capital Territory govern this document.

(i)​ The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of Tactical Motion Fitness and Performance, whether by agreement, by operation of law, or otherwise.

(j)​ I have read, understood and fully agree to the term of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights.

Consent Form

1. Personal Information (of Participant) : as outlined above in the 'Move & Brew Community Workout Registration Form'.

2. Acknowledgement of Participation:

I (Participant), the undersigned, acknowledge that I am voluntarily participating in personal training, group exercise classes (including the Move & Brew event), and/or sports performance coaching provided by Tactical Motion Fitness and Performance, hereafter referred to as "the Trainer."

3. Services, Fees, Risks, and Benefits:

·       Proposed Services: I (Participant) acknowledge that the services provided by the Trainer include personalised fitness training programs, group exercise classes sports performance coaching, exercise techniques, progress tracking and related services designed to enhance physical fitness, performance and overall well-being. The Trainer will assess my fitness level, goals and preferences to develop a tailored program.

·       Fees: I have read the fee schedule available at www.tacticalmotionfitness.com and agree to pay the fees associated with the services provided. I acknowledge that payment is due at the commencement of each session. The Move & Brew Community Workout is run free of charge.

·       Risks: I, (Participant), understand that personal training and sports performance coaching and group exercise classes involve certain risks including, but not limited to, muscle strains, joint injuries, overuse injuries and other potential harm. I assume full responsibility for any risk of injury, illness, or loss that may occur as a result of my participation. I will immediately notify the Trainer if I experience discomfort, pain or injury during training and will immediately stop any exercise that causes such symptoms.

I agree to use any equipment provided as instructed and understand that I do so at my own risk.

·       Benefits: The potential benefits of participating in personal training, group exercise classes and sports performance coaching include improved physical fitness, increased strength, enhanced athletic performance, better flexibility, weight management and overall health improvements. Individual results may vary depending on the commitment and effort applied by the participant.

·       Potential Outcomes: I (Participant) understand that the outcomes of the services provided are not guaranteed, and results may vary based on individual factors including health conditions, personal effort, adherence to the program and other external factors. While the Trainer will make every effort to design a safe and effective program, success depends on the participant’s consistency and engagement.

·       Other Service Options: I (Participant) understand that there may be alternative services, training methods or coaching options available based on my needs and preferences. The Trainer will discuss these options with me and I have the right to choose the services that best meet my goals and preferences.

4. Record Keeping

I understand that:

·       the Trainer is required to maintain complete and accurate records to maintain the proper and professional conduct of an exercise professional. Records include: medical records, interventions administered and the dates when they were administered. Images taken for the purpose of providing the service.

·       client records are held secured at all times.

·       client records are not disclosed to any persons without the consent of the client, except for any lawful requests made by:

- regulatory bodies, e.g. Medicare, DVA, private health insurers

- investigating authorities, e.g. ASADA, Health Care Ombudsman, Complaints Commissioner

- any other party entitled to access the records.

·       client records are kept for a minimum of seven years after the last client contact, unless legal or other organisational requirements, e.g. DVA, specify otherwise.

·       provisions are made for protecting client confidentiality in the disposal of client records.

5. Consideration of Capacity for Decision-Making and Consent:

I (Participant) understand that it is important for me to have the capacity to make informed decisions regarding my participation in personal training and sports performance coaching. If at any point I feel that I am unable to make decisions for myself due to physical or mental impairment, I (Participant) agree to consult with the Trainer or a healthcare professional to assess my ability to provide consent.

If my capacity to consent is impaired or limited, I understand that the Trainer will seek consent from a substitute decision-maker (such as a parent, guardian or legally appointed representative) to ensure that my best interests are considered before proceeding with services.

6. Right to Decline or Limit Services:

I (Participant) acknowledge that I have the right to decline consent to any service or activity offered by the Trainer at any time including before, during or after a training session. If I choose to decline, I understand that my decision will be respected without any negative consequences. The Trainer will not pressure me to proceed with any activity that I am uncomfortable with or that I feel is unsafe.

I agree to act respectfully and safely at all times and follow instructions provided during the session. I understand that participation may be refused or ended if my behaviour is deemed unsafe or inappropriate.

7. Health Status and Medical Conditions:

I (Participant) confirm that I have provided accurate information regarding my health status and medical conditions and musculoskeletal health. I understand that it is my responsibility to inform the Trainer of any changes to my health (including musculoskeletal health) during the course of the training sessions.

I (Participant) understand that the Trainer may assess my fitness level and recommend exercises or activities based on this assessment. I also understand that the Trainer may recommend certain modifications to my exercise program if required, but it is my responsibility to consult with a healthcare professional for any medical concerns before starting or continuing my participation in personal training.

8. Move & Brew – Nature of Event & Environmental Conditions

I (Participant) understand that Move & Brew is a general group fitness session and is not personalised training, rehabilitation, or medical treatment. No medical advice, diagnosis, or individualised exercise prescription is being provided.

I acknowledge that the session takes place in a public café (at the EXPLO Café) environment and may involve:

• Uneven or slippery surfaces

• Weather conditions (heat, cold, rain, wind)

• Noise, foot traffic, and limited space

I agree that Tactical Motion Fitness and Performance and The EXPLO Café are not responsible for injuries or incidents arising from conditions outside their reasonable control.

10. Confidentiality and Privacy:

I (Participant) understand that all personal information provided in this form is kept confidential and will be used solely for the purpose of my training program. I acknowledge that the Trainer will follow all privacy laws in Australia, including the Privacy Act 1988 (Cth).

Confidential information without consent may be disclosed only in the following circumstances:

·       emergency: where it is impossible or impracticable to seek consent to disclosure in time to prevent imminent harm or injury to the client or some other person. In this event, it is expected that as soon as possible, the exercise professional would report to the client or their guardian any information disclosed to a third party.

·       public and client safety: where nondisclosure may immediately endanger the health or wellbeing of a client or any other person, but the client denies permission to disclose. In such instances, the exercise professional should exercise professional judgment and in deciding whether to disclose the client’s information.

·       law: where legislation and Courts of Law may compel disclosure of information given by a client, or where a regulatory body such as workers compensation schemes or a private health insurer requires reporting of the information — for example, for quality purposes as. An exercise and sports science professional should inform the client in advance of such limitations of confidentiality .

·       incapacity: where the client is judged incapable of giving consent to disclosure. In these circumstances, prior consent must be sought from the client’s legal guardian.

11. Cancellation and Refund Policy:

I (Participant) understand that I must provide 24 hours notice in advance to cancel or reschedule a session. I am aware of the Trainer’s cancellation policy (available at www.tacticalmotionfitness.com/terms-and-conditions) and agree to abide by it. I also acknowledge that I am not entitled to a refund for any missed sessions unless otherwise stated in the Terms and Conditions.

12. Terms and Conditions:

I (Participant) acknowledge that I have read, understood and agree to the Terms and Conditions outlined on the Tactical Motion Fitness and Performance website - www.tacticalmotionfitness.com/terms-and-conditions. These terms govern my participation in personal training and sports performance coaching services and I agree to abide by them.

13. Right to Limit or Withdraw Consent:

I (Participant) understand that I have the right to limit or withdraw my consent at any time, either in part or in full, by notifying the Trainer in writing. I acknowledge that, in such cases, my participation in the personal training and/or sports performance coaching may be affected and that the Trainer may modify or discontinue services as appropriate.