1. Physical activities such as hiking, swimming, kayaking and other outdoor activities are inherently dangerous and could cause serious injury or even death.
2. Participants must ensure that they are physically able to undertake the ride (seek personal medical advice as appropriate) and must follow instructions at all times.
3. Participants must report immediately to Freedom Fitness should they get into difficulty or if they suffer any injury whilst participating.
4. Any pre-existing conditions or injuries must be reported to Freedom Fitness prior to commencement.
Limit of Liability and Consumer Guarantees
1. All participants are entitled to statutory consumer guarantees under the Australian Consumer Law and save for the following, Freedom Fitness does not exclude, restrict, limit or modify those consumer guarantees:
a. Except for where Freedom Fitness has acted recklessly, Freedom Fitness excludes any liability in respect of any physical or mental injury (including death) of a participant (including the aggravation, acceleration or recurrence of such an injury of the Member) which Freedom Fitness might otherwise have had arising under the consumer guarantees relating to the provision of services.
2. In all other respects and to the extent permitted by law, Freedom Fitness will not be liable under contract, statute or common law for any loss, damage or inconvenience arising in connection to any accident or injury (including fatality) to any participant except where and only to the extent that the relevant incident is caused directly by the negligence of Freedom Fitness, its staff or its agents.