Membership waiver

1. Medical Disclosure

The participant is required to disclose any current or previous medical conditions that may affect their ability to safely participate in physical training activities. Relevant conditions include but are not limited to:

• Heart condition, cardiovascular disease, or high/low blood pressure
• Asthma, respiratory condition, or breathing difficulties
• Epilepsy, seizure disorder, or fainting episodes
• Diabetes (Type 1 or Type 2)
• Joint, bone, muscular, or spinal condition including arthritis
• Mental health condition such as anxiety, depression, or PTSD
• Pregnancy or recent pregnancy within 12 months
• Recent surgery, hospitalisation, or medical procedure within 12 months
• Neurological condition or head injury history including concussion
• Allergies including anaphylaxis, latex, or medication allergies
• Bleeding disorder or blood-thinning medication
• Vision or hearing impairment that may affect safe participation
• Any other condition that may affect the participant’s ability to safely participate

The participant agrees to disclose all relevant medical conditions, current medications, current injuries, and physical limitations prior to participation. If any medical condition applies, Box & Breathe may require written medical clearance from the participant’s treating physician before participation is permitted. Box & Breathe reserves the right to refuse participation where a medical risk is identified. The participant accepts full responsibility for any pre-existing conditions, injuries, or health issues not disclosed.

2. Assumption of Risk & Release of Liability

By signing this waiver, the participant acknowledges and voluntarily agrees to the following:

Boxing, kickboxing, martial arts, strength and conditioning training, and all related physical activities offered by Box & Breathe involve inherent and significant risks of physical injury, including but not limited to: bruising, cuts, abrasions, sprains, strains, dislocations, fractures, concussion, traumatic brain injury, spinal injury, soft tissue damage, ligament and tendon tears, nerve damage, dental injury, eye injury, heat-related illness, cardiac events, partial or total disability, paralysis, and death.

The participant voluntarily chooses to participate in all activities at Box & Breathe with full knowledge and understanding of the risks and dangers involved.

The participant acknowledges that the risks described above may result from their own actions, inaction, or negligence, or from the actions, inaction, or negligence of others, including but not limited to other participants, coaches, staff, volunteers, and visitors.

The participant acknowledges there may be additional risks that are not known or not reasonably foreseeable at the time of signing this waiver.

The participant accepts and assumes full responsibility for all risks, losses, damages, costs, and expenses (including medical expenses and loss of income) arising from or related to their participation, however caused, including where caused in whole or in part by the negligence of Box & Breathe, its owners, directors, officers, coaches, employees, contractors, agents, volunteers, or any other representatives (collectively referred to as “Releasees”).

THE PARTICIPANT HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Box & Breathe, its owners (including Daniel Bogolin), directors, officers, coaches, staff, employees, contractors, agents, volunteers, insurers, successors, and assigns (the “Releasees”) from any and all liability, claims, demands, actions, causes of action, losses, damages, costs, and expenses (including legal fees) of any kind whatsoever, whether known or unknown, arising out of or related to their participation in any activities at Box & Breathe, including but not limited to claims for personal injury, death, property damage, or economic loss, whether caused or alleged to be caused in whole or in part by the negligence or fault of any of the Releasees or otherwise.

The participant agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Releasees from any and all claims, demands, suits, judgments, losses, damages, costs, and expenses (including legal fees) brought by the participant, their estate, their dependants, or any third party, arising out of or related to their participation in any activities at Box & Breathe.

The participant confirms that they are physically and mentally fit to participate, or that they have obtained written medical clearance from a qualified medical professional prior to participation.

The participant agrees to follow all rules, safety instructions, directions, and guidelines provided by Box & Breathe coaches, staff, and management at all times.

The participant understands that sparring is optional and only permitted with prior approval from a coach. The participant will not engage in sparring without the express consent of the coaching team and accepts all risks associated with sparring if they choose to participate.

The participant understands that Box & Breathe reserves the right to refuse or revoke participation at any time if a member is deemed unfit, unsafe, or in breach of the Code of Conduct, without refund or compensation.

The participant acknowledges that injuries received during activities may be compounded or increased by emergency response, rescue operations, or first aid procedures, and releases the Releasees from any liability in relation to such procedures.

This waiver applies to all sessions, classes, events, competitions, open gym use, and any other activities attended at Box & Breathe, from the date of signing and continuing until revoked in writing.

If any provision of this waiver is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

This waiver shall be governed by and construed in accordance with the laws of New South Wales, Australia. The participant submits to the exclusive jurisdiction of the courts of New South Wales.

3. Photo, Video & Marketing Consent

Box & Breathe regularly photographs and films classes, training sessions, events, competitions, and gym activities for use across social media (Instagram, Facebook, TikTok, YouTube, and any other platforms), website content and online advertising, print and digital marketing materials including flyers, posters, banners, and merchandise, promotional videos, highlight reels, and gym tours, press, media, and public relations materials, and internal training and coaching development materials.

By signing this form, the participant acknowledges and agrees to the following:

The participant grants Box & Breathe, its owners, employees, and authorised representatives a perpetual, irrevocable, worldwide, royalty-free licence to photograph, film, record, and otherwise capture the participant’s image, likeness, voice, and physical appearance while the participant is on Box & Breathe premises or attending any Box & Breathe event or activity.

The participant grants Box & Breathe the right to use, reproduce, edit, modify, crop, publish, distribute, and display such photographs, videos, and recordings in any medium and for any promotional, marketing, advertising, editorial, or commercial purpose, without further notice, compensation, or approval from the participant.

The participant waives any right to inspect or approve any finished photographs, videos, or other content before publication or use.

The participant releases Box & Breathe and the Releasees from any and all claims, demands, or causes of action arising out of or in connection with the use of the participant’s image, likeness, or voice, including but not limited to claims for invasion of privacy, defamation, or right of publicity.

The participant understands that content featuring their image may appear publicly on social media, websites, and marketing materials, and may be shared, reposted, or redistributed by third parties beyond the control of Box & Breathe.

This consent remains in effect unless revoked in writing by emailing boxandbreathe@outlook.com. Any content created or published prior to revocation will not be removed.

If the participant does not consent to photo and video use, they must notify Box & Breathe in writing before each session or event. Box & Breathe will make reasonable efforts to exclude the participant from promotional content, but cannot guarantee complete exclusion in group class environments.

4. Code of Conduct

By signing this form, the participant agrees to the following standards of behaviour at all times while on Box & Breathe premises or attending any Box & Breathe event or activity:

• The participant will treat all members, coaches, staff, and visitors with respect, courtesy, and sportsmanship at all times.
• The participant will follow all instructions, directions, and safety guidelines given by coaches and staff during classes and training.
• The participant will not engage in aggressive, reckless, dangerous, threatening, or unsportsmanlike behaviour towards any person.
• The participant will not attend the gym while under the influence of alcohol, recreational drugs, or any substance that may impair judgment or physical ability.
• The participant will maintain appropriate personal hygiene and wear suitable, clean training attire at all times.
• The participant will not bring or use any weapons, illegal substances, or prohibited items on Box & Breathe premises.
• The participant will report any injuries, safety concerns, equipment damage, or incidents to a coach or staff member immediately.
• The participant will not use personal mobile phones for recording or photography in the gym without permission from staff.
• The participant will respect all gym equipment, facilities, and the property of others, and will be liable for any damage caused to gym property through negligence or misuse.
• The participant accepts that Box & Breathe reserves the right to immediately suspend or terminate their membership without refund for any breach of this Code of Conduct.

Box & Breathe operates a zero-tolerance policy for bullying, harassment, discrimination, intimidation, and violence of any kind. Any member found to be in breach of this policy will have their membership terminated immediately.

5. Illness & Communicable Disease

The participant agrees not to attend the gym if they are experiencing symptoms of illness, infection, or communicable disease, including but not limited to fever, cough, cold, flu, vomiting, diarrhoea, skin infections such as ringworm, staph, or impetigo, or any contagious condition. The participant understands that training in a shared physical environment, including the use of shared equipment, mats, and close-contact activities, carries an inherent risk of exposure to communicable illness, bacteria, viruses, and infections. The participant accepts personal responsibility for their health decisions and will not hold Box & Breathe liable for any illness, infection, or disease contracted on-site or as a result of participation. The participant agrees to notify Box & Breathe if they are diagnosed with a communicable disease within 48 hours of attending the gym.

6. Property & Personal Belongings

Box & Breathe is not responsible for any loss, theft, or damage to the participant’s personal property, belongings, or vehicle while on the premises or attending any Box & Breathe event. The participant will secure their valuables and personal items at their own risk.

7. Membership & Payment Terms

Membership fees are charged weekly via direct debit and must be paid on time via the agreed payment method. There is no joining fee and no lock-in contract.

No refunds. No refunds will be issued under any circumstances for money that has already been processed, including but not limited to: missed sessions, classes, unused membership time, periods of non-attendance, illness, injury, holidays, or change of mind. Refunds will only be considered where explicitly negotiated and agreed in writing with the vendor (Box & Breathe) prior to processing.

Cancellation – 2 weeks written notice required. The participant may cancel their membership at any time, however all cancellations require a minimum of two (2) weeks’ written notice from the date the written cancellation notice is received by Box & Breathe. The participant remains liable for all membership fees during the 2-week notice period regardless of attendance. Written notice must be sent to boxandbreathe@outlook.com or via the Box & Breathe cancellation form.

Box & Breathe reserves the right to change membership pricing with reasonable notice. If a membership is terminated due to a breach of the Code of Conduct, no refund will be provided.

8. Minors (Participants Under 18)

If the participant is under 18 years of age, a parent or legal guardian must complete and sign this form on their behalf. By signing, the parent or legal guardian confirms that they are the parent or legal guardian of the minor participant; that they have read and understood all sections of this waiver and consent to the minor’s participation on the terms set out above; that they accept all risks, releases, waivers, and indemnities on behalf of the minor participant; that they agree to supervise the minor as required and ensure they comply with the Code of Conduct; and that they consent to the minor’s image being used for promotional and marketing purposes as described in Section 3.

9. Privacy & Data Collection

Box & Breathe collects and stores the participant’s personal information (name, contact details, medical information, emergency contacts) for the purpose of gym administration, safety, communication, and legal compliance. Personal data will be stored securely and will not be sold or shared with third parties except as required by law, for emergency purposes, or for the direct operation of Box & Breathe. The participant may request access to, correction of, or deletion of their personal data by contacting boxandbreathe@outlook.com.

10. Declaration

BY SIGNING BELOW, THE PARTICIPANT DECLARES THAT THEY HAVE READ AND UNDERSTOOD THIS ENTIRE WAIVER IN FULL; THAT ALL INFORMATION PROVIDED IS TRUE, ACCURATE, AND COMPLETE; THAT THEY UNDERSTAND AND ACCEPT ALL RISKS ASSOCIATED WITH PARTICIPATION AT BOX & BREATHE; THAT THEY AGREE TO THE CODE OF CONDUCT, GYM POLICIES, AND ALL TERMS IN THIS DOCUMENT; THAT THEY RELEASE BOX & BREATHE AND ALL RELEASEES FROM LIABILITY AS OUTLINED ABOVE; THAT THEY CONSENT TO THE USE OF THEIR IMAGE FOR MARKETING AND PROMOTIONAL PURPOSES AS DESCRIBED IN SECTION 3; THAT THEY CONSENT TO THEIR PERSONAL DATA BEING COLLECTED AND STORED AS DESCRIBED IN SECTION 9; THAT THEY UNDERSTAND THIS IS A BINDING LEGAL AGREEMENT AND THEY HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT; AND THAT THEY HAVE SIGNED FREELY AND VOLUNTARILY, WITHOUT INDUCEMENT, AND INTEND THEIR SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.