Before attending a breathwork and/or ice bath event/workshop, it is important to read the below information and seek medical clearance before participating as indicated.

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I acknowledge that participation in the Cold Water Immersion/Ice Baths involves inherent risks and dangers, including hypothermia, heart attack/cardiovascular stress, respiratory stress, skin reactions, cold water blackouts, shock.

I understand and appreciate these risks and agree to participate with full knowledge and understanding.

I declare that I am in good health, have no physical or mental conditions that affect my ability to participate, and have not been advised by a healthcare professional not to participate in such activities.

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I accept the responsibility to decide whether I am fit to participate.

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The following conditions require medical clearance from your GP or specialist before participating in an ice bath.

 

- Heart conditions

- High blood pressure

- Raynaud's Disease

- Cold urticaria (cold allergy)

- Migraine

- Epilepsy

- Pregnancy

- Recent operations

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If you are attending a breathwork event the following health considerations may need medical clearance or other special considerations during your session. Answering yes to any of the following conditions does not automatically exclude you from participating but it is important to answer honestly so that we can provide you with the best experience possible. 

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- Pregnancy

- Glaucoma/detached retina

- Brain surgery, significant head injury, severe migraine

- High blood pressure

- Cardiovascular disease including angina, previous heart attack, stroke

- Pneumothorax, lung disease, emphysema, pulmonary oedema

- Thyroid condition

- Diabetes

- Asthma - essential for you to bring your inhaler

- Epilepsy

- Perforated ear drum, ear surgery, hearing loss

- Any mental health condition that may be exacerbated by a strong emotional release

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Please reach out if you have questions: hello@melaniebrionyfitness.com.au 

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Assumption Of Risk, Waiver And Release Of Liability & Indemnity Agreement.

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DECLARATIONS: This Agreement is entered into between Melanie Briony Hawksley (Melanie Briony - Fitness & Lifestyle Coach) personal trainer, breathwork instructor, ice bath instructor (“Instructor”) and the undersigned (“Client”). The provision of personal training, breathwork and ice baths by Instructor to Client and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.

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ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, breathwork of ice baths or enter our/your premises or use any facility or equipment on our/your premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Instructor or otherwise, including injuries or damages arising out of the negligence of Instructor, whether active or passive, or any of Instructor’s affiliates, employees, agents, representatives, successors, and assigns. 

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Your assumption of risk includes but is not limited to, your use of any exercise equipment (mechanical or otherwise), ice baths, sports fields, public parks, courts, or other areas, pavements, parking lots, stairs, pools, lobby or other general areas of any facilities, or any equipment.

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You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, breathwork, ice baths or any other sporting or recreational endeavour.

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You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise. 

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RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Instructor (and Instructor’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Instructor, whether active or passive, or any of Instructor’s affiliates, employees, agents, representatives, successors, and assigns.

This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise, breathwork or ice bath equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while travelling to or from personal training, breathwork or ice baths, including injuries resulting from Instructor’s or anyone else’s negligent inspection or maintenance of the facility or premises. 

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INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Instructor from any loss, liability, damage, or cost Instructor may incur due to the provision of personal training, breathwork, or ice baths by Instructor to you.

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ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of NSW and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

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You acknowledge that Instructor offers a service to his/her clients encompassing the entire recreational and/or fitness, breathwork, ice bath spectrum. Instructor is not in the business of selling weightlifting equipment, exercise equipment, ice bath equipment, or other such products to the public, and the use of such items is incidental to the service provided by Instructor. 

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You acknowledge and agree that Instructor does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. 

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You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Instructor for Instructor’s negligence, or for any defective product used while receiving personal training, breathwork or ice baths from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

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You will receive a health screeing form(s) and waiver to sign when you sign-up for an event. 

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Thank you!