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Liability Waver

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Liability Waiver

 

ACKNOWLEDGEMENT OF RISKS, LIABILITY WAIVER AND RELEASE & INDEMNITY (‘WAIVER’)

This Waiver is a binding agreement between Recovery Haus Pty Ltd (ABN 73 683 259 421) t/as Recovery Haus [and its subsidiaries and affiliates in Australia] (collectively referred to as ‘us’, ‘we’ or ‘Recovery Haus’) and the person named as the Participant or, if the Participant is under 18 years of age, the Participant’s parent or guardian (‘you’). 

This agreement is entered into, and waiver of liability is given, in consideration of the Participant being accepted to participate in Recovery Haus services or treatments (collectively, ‘Treatments’) and use the Recovery Haus facility at [384 Scarborough Beach Road, Innaloo, WA] (‘Facility’). Treatments may include cryotherapy, red light therapy, oxygen therapy, compression therapy, body sculpting, ice bath, traditional and infrared sauna, dry floatation, lymphatic rollers and other services as may be offered by Recovery Haus from time to time.

Upon signing this Waiver, you acknowledge and agree to its terms.

Where this Waiver is signed by a parent or guardian on behalf of a Participant under 18 years of age (‘minor Participant’), you warrant that you have authority to waive liability on that minor Participant’s behalf, and you agree to indemnify Recovery Haus for any loss or damage suffered by Recovery Haus if this waiver is unenforceable in relation to that minor Participant for any reason.

You agree that if any provision, or application of any provision, of this Waiver is found by a court of law to be void, illegal or unenforceable, then only that provision is removed, and does not affect the validity, legality and enforceability of the remainder of this Waiver.

TREATMENTS & USE OF FACILITY

You acknowledge and agree that you / the minor Participant will not participate in any Treatments or use the Facility unless you have / the Participant has been provided with instructions and/or training by Recovery Haus personnel.

You acknowledge and agree that you / the minor Participant will abide by all instructions and follow all procedures provided by Recovery Haus personnel while you / the minor Participant are participating in any Treatment and/or use of the Facility, and if you / the minor Participant do / does not understand any instructions provided, you / the minor Participant must cease participation in the Treatment and seek clarification.

For your / the minor Participant’s safety and the safety of others using the Facility, you acknowledge and agree that you / the minor Participant must not participate in any Treatment while under the influence of drugs, alcohol or substances that may in any way affect your / the minor Participant’s participation in the Treatment or use of the Facility, your safety, or the safety of others.

If you are entering into this Waiver on behalf of a minor Participant, you acknowledge and agree that you have explained these conditions of use to the Participant.

RISK WARNING, WAIVER AND DISCLAIMERS

Risks and waiver of liability

You acknowledge and agree that:

  1. the Treatments and use of the Facility (including equipment and facilities) involve inherent risks, dangers and hazards, including but not limited to risk of bodily injury (including physical or mental injury), contraction, aggravation or acceleration of illness or disease, property damage or death;
  2. these risks may arise from the use of the Facility, Treatments themselves, the acts of others or from the unavailability of emergency or emergency medical care;
  3. risks can occur from your / the minor Participant’s acts or omissions, equipment failure or the negligence; and
  4. you have informed yourself of the risks of the Treatments and use of the Facility, including seeking any appropriate medical advice.

You acknowledge that by participating in a Treatment or using the Facility / the minor Participant participating in a Treatment or using the Facility, you do so / the minor Participant does so entirely at your own risk, you voluntarily accept the risks of doing so, and you assume the full responsibility for all related risks, dangers and hazards.

You acknowledge and agree that the assumption of risk and warning above constitutes a ‘risk warning’ for the purpose of the Civil Liability Act 2002 (WA).

You acknowledge and agree that you have / the minor Participant has the requisite physical and mental health and ability for the proper and safe use of the Facility and participation in any Treatment that is booked. If you are / the minor Participant is taking any regular medication, you agree to seek medical advice as to whether the Treatment is appropriate for you / the minor Participant.

You acknowledge and agree that if you sustain / the minor Participant sustains any injury or illness, or begin / begins to feel unwell during a Treatment, you / the minor Participant must cease participation in any Treatment and must immediately inform Recovery Haus personnel.

You acknowledge that Recovery Haus staff are not qualified medical professionals.

You agree that if you suffer / the minor Participant suffers a serious injury, that Recovery Haus personnel may administer first aid directly or seek emergency medical services (including calling an ambulance) at your expense. You consent to receiving / the minor Participant receiving medical treatment in a medical emergency where you are unable to provide consent to such treatment at the time.

If you are confused, concerned, unsure of or anxious about a Treatment, before or after you have / the minor Participant has completed the Treatment, you should seek professional medical advice.

You acknowledge and agree that you are responsible for your own property (including any vehicle parked in the car park) while attending the Facility.  To the extent permitted by law, you agree that Recovery Haus will not be held responsible for any damage to, loss or theft of your personal property.

You agree that Recovery Haus’ liability in relation to the recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and recreational activities (as that term is defined in the Civil Liability Act 2002 (WA)) for any:

  1. death;
  2. physical or mental injury (including the aggravation, acceleration or recurrence of an injury);
  3. contraction, aggravation or acceleration of an illness or disease;
  4. coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:
    1. that is or may be harmful or disadvantageous to you or the community; or
    2. that may result in harm or disadvantage to you or the community,

that may be suffered by you or the minor Participant resulting from the supply of recreational services or recreational activities is excluded.

You acknowledge and agree that the above provision operates to exclude liability of Recovery Haus as a result of a breach of any express or implied term or warranty that:

  1. the recreational services will be provided with due care and skill and are reasonably fit for their intended purpose under the Australian Consumer Law; and
  2. the recreational activities will be provided with reasonable care and skill in accordance with section 5J of the Civil Liability Act 2002 (WA).

You acknowledge that by signing this Waiver and participating in a Treatment or using the Facility, you are agreeing:

  1. to waive your rights, and the minor Participant’s rights, to sue Recovery Haus in relation to its provision of Treatments and your / the minor Participant’s use of the Facility; and
  2. that your rights, and the minor Participant’s rights, to sue Recovery Haus in relation to recreational services and recreational activities that you undertake, on the basis that the recreational services or activities provided were not in accordance with statutory guarantees, are excluded, restricted or modified as set out above.

Results not guaranteed

Recovery Haus makes no representations or warranties that a Treatment will bring about any particular result, outcome or improvement.

You acknowledge and agree that Recovery Haus assumes no responsibility for the outcome of any Treatment and make no guarantees that your or the minor Participant’s intended purpose will be achieved, whether endorsed by us or otherwise.

Current Health

You warrant and represent that you have / the minor Participant has no injuries, physical restrictions, disabilities or predispositions to sickness or injuries that may affect your / the minor Participant’s participation in the Treatment.

If you are aware that you have / the minor Participant has an injury at the time of a Treatment, you agree that you participate / the minor Participant participates in any Treatment provided by Recovery Haus entirely at your own risk.

If you believe a Treatment will not be safe for you / the minor Participant, you must inform Recovery Haus personnel and not participate / permit the minor Participant to participate in such Treatment.

Not Medical Advice

You acknowledge and agree that any information provided during the Treatment is strictly general in nature and should not be relied upon as specific advice, including medical advice, under any circumstances.

You may be recommended to try other Treatments as a result of your participation in a Treatment. You are solely responsible for any decision to receive other Treatments, including ensuring the readiness and suitability of the Treatment for you and for its intended purpose. 

INDEMNITY & RELEASE

To the full extent permitted by law and in addition to any other releases or waivers in this Waiver, you agree to:

  1. waive and release Recovery Haus from all claims that you and/or the minor Participant may have or may have had but for this release arising from or in connection with your / the minor Participant’s participation in a Treatment or use of the Facility;
  2. waive, release, indemnify and hold harmless Recovery Haus and its officers, employees, agents, other participants and any other persons involved in your / the minor Participant’s participation in Treatment and use of Facility from any claim which may be made by you and/or the minor Participant or on your / the minor Participant’s behalf or by any person in respect of or arising out of injury, loss, damage or death whether caused by breach of contract, negligence or in any manner whatsoever; and
  3. release Recovery Haus from any responsibility for any symptoms, illness or injury that may occur during or in connection with your / the minor Participant’s Treatment or use of the Facility.

In this provision, ‘claim’ means any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising, including negligence (but not gross negligence).

You agree that under no circumstances will Recovery Haus be liable to you or to the minor Participant for any indirect, incidental or consequential loss or punitive damages arising out of or in connection with Treatments provided by Recovery Haus or use of the Facility.

CONTRAINDICATIONS 

You acknowledge and agree that you / the minor Participant must not use a Treatment listed below if you experience or have experienced any of the following conditions within the last week (as relevant to you for the Participant’s selected Treatment):

  1. BOA MAX 2 & Normatec Compression
    1. Poor blood circulation
    2. Deep vein thrombosis (DVT)
    3. Acute pulmonary oedema
    4. Acute thrombophlebitis
    5. Acute congestive cardiac failure
    6. Episodes of pulmonary embolism
    7. Wounds, lesions, infection, or tumours at or near the site of application
    8. Bone fractures or dislocations at or near the site of application
  2. Contrast Therapy
    1. Ice Bath
      1. Pregnancy
      2. Raynaud’s disease
  • Cold urticaria
  1. Angina pectoris or other severe cardiac disease
  2. Recent myocardial infarction
  3. High blood pressure
  • Heart issues; heart disease, history of heart attacks, arrhythmias or other heart rhythm problems
  • Poor blood circulation
  1. Traditional Sauna
    1. Hypertension (High blood pressure)
    2. Heart issues; heart disease, history of heart attacks, arrhythmias or other heart rhythm problems
  • Fever above 38°C
  1. Pregnancy
  2. Acute infectious or inflammatory conditions
  3. Severe aortic stenosis
  • Unstable angina pectoris
  • Recent myocardial infarction
  1. Infrared Sauna
    1. High blood pressure
    2. Heart issues; heart disease, history of heart attacks, arrhythmias or other heart rhythm problems
    3. Fever above 38°C
    4. Pregnancy
  2. Cryotherapy
    1. Epilepsy and seizure prone
    2. High fever 
    3. Pregnancy
    4. Heart issues
    5. Ear infection or blocked ear canal
    6. Lung disease
    7. Aneurysm 
    8. Deep vein thrombosis (DVT)
    9. Hypertension (High blood pressure)
    10. Cancer / tumours
  3. Arrc Beyond Red Light Therapy
    1. Epilepsy and seizure prone
    2. Skin cancer
    3. Pregnancy
    4. Heart issues; pacemaker, heart disease, history of heart attacks, arrhythmias or other heart rhythm problems
    5. Brain Injury (haemorrhage)
  4. Rollstar Lymphatic Roller
    1. Heart issues; heart disease, history of heart attacks, arrhythmias or other heart rhythm problems
    2. Skin disease, open or recently healed wounds, large bruises, inflammation
    3. Deep vein thrombosis (DVT)
    4. Pregnancy
    5. Tumours / cancer
    6. Varicose veins
  5. Wonder Axon Body Sculpting
    1. Pregnancy
    2. Internal electronic devices
    3. Epilepsy
    4. Prostheses
    5. Serious health problems, whether renal, bone, cardiac or hepatic
  6. Zerobody Dry Flotation
    1. Low blood pressure
  7. Mild Hyperbaric Oxygen Therapy
    1. Epilepsy
    2. History of seizures & convulsions
    3. Pregnancy
    4. Claustrophobia
    5. Diabetics
    6. Heart issues and /or pacemakers
    7. Congenital sperocytosis
    8. Emphysema with CO2 retention
    9. Viral & bacterial infections
    10. Pneumothorax (collapsed lung)
    11. History of ear problems or surgery, ear perforation
    12. Sinus infections
    13. Airways diseases; blocked ear canals or sinuses
    14. Excessive CO Exposure
    15. Optic Neuritis, Optic barotraumas
    16. Excessive CO Exposure
    17. People with illnesses that could be adversely affected by changes in pressure (e.g. Decompression sickness).

DECLARATION & SIGNATURE

For Participants over 18 years of age – I confirm that I do not suffer from any of the contraindications listed in relation to the Treatment that I am booking.

For parents or guardians of Participants under 18 years of age – I confirm that the minor Participant does not suffer from any of the contraindications listed in relation to the Treatment that has been booked for the minor Participant.

I acknowledge and agree that the information stated is true and correct and agree to inform Recovery Haus of any changes to the information provided.

By signing below, I agree that I have carefully read and understood the terms of this Waiver, including the risk warnings given to me.


Date:

 

Participant Full Name:

Name of Parent or Guardian (if Participant is under 18 years of age):

Signature of Participant / Participant’s parent or guardian (if Participant is under 18 years of age):

Relationship to Participant (if Participant is under 18 years of age):