Participants involved in any activities offered by Farm Fitness Ltd may be photographed or videod during training. The undersigned hereby consents to the use of these photographs and/or videos without compensation, on the Farm Fitness Ltd website or in any editorial, promotional or advertising material produced and/or published by Farm Fitness Ltd*
For the purpose of this clause:
“Farm Fitness Ltd employees” shall include its directors, agents, employees, fitness trainers, consultants, owners of the land at which Farm Fitness Ltd carries out its activities and volunteers;
“Trainer” means a fitness trainer engaged by Farm Fitness Ltd; and
“Users” means those individuals (other than you) that also utilize Farm Fitness Ltd’s services.
a. I, the undersigned, am aware that there are significant risks involved in all aspects of physical training. These risks include (but are not limited to):
1. falls which can result in serious injury or death;
2. injury or death due to negligence on the part of myself, Farm Fitness Ltd employees or Users;
3. injury or death due to improper use or failure of equipment; and/or
4. strains and sprains.
b. I acknowledge that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s) and therefore I agree to carry out any activity at Farm Fitness Ltd with reasonable care and respect for Users and Farm Fitness Ltd employees.
c. I agree to notify a Trainer promptly if I become aware of any equipment failure and will not use the equipment until the Trainer has subsequently confirmed that it is safe to do so.
d. I agree not to hold Farm Fitness Ltd liable for any claims, demands, actions or rights of action in relation to personal injury or death where personal injury or death has been caused by me to either myself, Users or Farm Fitness Ltd employees (either negligently or intentionally):
1. failing to act with due respect and regard for the safety of myself, Users or Farm Fitness Ltd employees;
2. using Farm Fitness Ltd equipment where I am aware that such equipment may not be fit for safe use; and/or
3. using such Farm Fitness Ltd equipment that I have not been shown how to use in a safe and correct manner by a Trainer.
e. I confirm that I am willingly and voluntarily participating in the activities offered by Farm Fitness Ltd.
f. I give full permission for any suitably qualified individual to administer first aid deemed necessary by that individual and, in case of serious illness or injury, I give permission for Farm Fitness Ltd to call for medical and or surgical care for me and to transport me to a medical facility deemed necessary by qualified individuals for my well-being.
g.If I am signing on behalf of a minor child, I also give full permission for any person connected with Farm Fitness to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child.
In the event I cause any personal injury or death to myself, Users or Farm Fitness Ltd employees due to my negligence and actions set out in clause (c) above, I accept full financial responsibility for such personal injury or death.
Should Users or Farm Fitness Ltd employees or anyone acting on their behalf incur legal and other professional fees and costs as a result of this agreement being enforced based on my negligence and actions set out in clause (c) above, I agree to reimburse them in whole for such fees and costs.
I further agree to fully reimburse Farm Fitness Ltd for damage to its property (including but not limited to parks, recreational areas, playgrounds, areas adjacent to main building, and/or any area selected for training by Farm Fitness Ltd) and equipment that has resulted from my negligent or intentional actions or omission while participating in activities offered by Farm Fitness Ltd.
A Trainer will show you how to correctly use Farm Fitness Ltd’s equipment before you will be authorised to use the same.
Subject always to the paragraph below, if Farm Fitness Ltd fails to comply with its obligations in this agreement, it is responsible for loss or damage you suffer that is a foreseeable result of its breaking this contract or its failure to use reasonable care and skill up to a total aggregate value of £1 million throughout the term of this agreement, but it is not responsible for any loss or damage that is not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time this agreement is made, both Farm Fitness Ltd and you knew it might reasonably happen.
Farm Fitness Ltd does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by:
1. negligence of Farm Fitness Ltd employees to you or Users;
2.for fraud or fraudulent misrepresentation;
3.failure of Farm Fitness Ltd equipment; or
4.provision of services with a negligent or intentional disregard for your state of health as notified by you in reasonable detail to Farm Fitness Ltd employees.
Farm Fitness Ltd is not liable for business losses. Farm Fitness Ltd only supplies the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose, Farm Fitness Ltd will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Farm Fitness Ltd may collect, store and process personal information that you provide when completing forms on Farm Fitness Ltd’s website or by corresponding with Farm Fitness Ltd by phone, e-mail or otherwise. The information you provide may include your name, address, e-mail address, phone number, personal description and photograph.
You have the right to withdraw your agreement to the collection, storage, processing and use of your personal data at any time. If you wish to do so, please visit www.farmfitness.co.uk or email Farm Fitness Ltd at email@example.com.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect and the remaining paragraphs will be amended as necessary in order for them to continue to have legal effect thereafter.
paragraphs will be amended as necessary in order for them to continue to have legal effect thereafter.
This agreement shall be binding upon you, your successors, representatives, heirs, executors, assigns and transferees.
These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.
I acknowledge and agree to the above and confirm that I have no physical impairments, injuries, or illnesses that will endanger me or others and if this was to change I will notify Farm Fitness Ltd before continuing any further activities or using any equipment offered by Farm Fitness Ltd.
If you have answered yes to any of the above questions you will need to consult with your GP BEFORE you start becoming more physically active or BEFORE you have a fitness appraisal. We will need written confirmation from your GP that it is safe for you to utilise Farm Fitness Ltd’s services before you begin.
I have read, understood and completed the above questionnaire and acknowledge that there are risks and dangers inherent in physical
exercise. Any liability on the part of Farm Fitness Ltd for any personal injury or death is excluded to the extent allowable by law unless any negligence by Farm Fitness Ltd resulting in your personal injury or death can be proven. I agree to observe the rules and conditions of use of the facilities.
I also acknowledge that I must not use any piece of Farm Fitness Ltd equipment which I have not been shown how to use by a Trainer. I confirm that the information which I have provided above is correct at this time and should I become aware of any changes to my health or condition, I will inform a Trainer before continuing my use of Farm Fitness Ltd’s facilities.