Welcome to Healthwise Global!
It’s great to have you onboard. This document is a participation agreement which you make with Flight Centre Travel Group (Canada) Inc. trading as Healthwise Global (“Healthwise”). This document (as amended form time to time) is ongoing and will apply to all future occasions when you participate in Healthwise Activities, use Healthwise facilities or equipment or interact with the Healthwise representatives. Please read this document carefully before you sign it. You must sign this document in order to participate in any Healthwise Activities.
- 1. Before you Start
Any physical activity or exercise involves potential risks. It is important that you are aware of these risks prior to participating in these activities. This document describes the things you need to do in order for us to provide you with the best experience we can!
- 2. Tell us about you
Please be sure to check with your GP or Healthwise Representative prior to undertaking your first exercise session, beauty appointment, massage or other activity provided, arranged or organised by Healthwise (each a “Healthwise Activity”, and collectively “Healthwise Activities”). If you have any conditions which affect your ability to engage in physical activity (such as a bad back, an old, recent or recurring injury, medication, pregnancy etc), you must notify Healthwise before you participate in any Healthwise Activity. If your condition changes and this affects your ability to participate in a Healthwise Activity (such as a new injury, further aggravation of an existing injury etc), you must notify Healthwise immediately. You must also notify Healthwise if you are aware of any reason why your participation in a Healthwise Activity would cause unreasonable risk to the health of other participants (for instance, if you have a transmittable and/or contagious infection, or an open cut or sore).
- 3. What are the risks?
Exercise stresses the body and its systems so that it can adapt to the increased level of activity. Immediate changes whilst engaged in physical activity include increase in heart rate, changes in blood pressure, and increase in perspiration and breathing rate. Some exercises may involve rapid movement, intense physical exertion and moving in ways you are not used to. This increased level of physical activity carries with it an increased risk of injury, particularly if the activity requires movement in injured areas. Some forms of exercise may also not be advisable if you are, or believe you may be, pregnant.
You must feel confident that you have the fitness and the skills necessary to participate in your chosen Healthwise Activities in a safe and controlled manner. Feel free to discuss this with your Healthwise Representative. However, your Healthwise Representative (and Healthwise’s other staff and contractors) are not medically trained and, as such, are not qualified to assess whether you are in physical condition sufficient to allow you to exercise or otherwise engage in Healthwise Activities without risking your health, safety or comfort. If you have any doubts at all, you must consult a qualified medical practitioner prior to engaging in your chosen Healthwise Activities and you must follow the qualified medical practitioner’s instructions in relation to your participation (or non-participation) in these activities. Healthwise may, in its sole discretion, choose to refuse to provide Healthwise Activities to you until your qualified medical practitioner agrees in writing that you are fit to participate and/or you show Healthwise proof that you have received medical advice on an appropriate exercise program for you.
- 4. Intensity Level
Some activities may require high levels of physical effort or participation in a group. This increases the risks in performing the activity. Examples of these higher risk activities include:
- * Exercise as part of a peer group, such as bootcamp, aerobics or other group classes, and team building activities
- * Specific training, such as athletics, swimming or sprinting; and
- * Contact sports, such as football, soccer or boxing.
- 5. Accepting the risks
By signing this document and participating in any Healthwise Activity, you acknowledge on behalf of yourself and on behalf of your personal representatives, heirs, executors, spouse, administrators, agents, assigns or others that:
- a) You have considered and are aware of the risks associated with your participation in the Healthwise Activity; and
- b) You have had the opportunity to discuss the risks associated with your participation in the Healthwise Activity with Healthwise; and
- c) You have consulted with your qualified medical practitioner if you have any doubts regarding the risks associated with your participation in the Healthwise Activity; and
- d) You agree to accept the risks associated with your participation in the Healthwise Activity.
- 6. Follow the rules
You agree to follow the rules listed below at all times. Neither Healthwise nor your Healthwise Representative is responsible for any injury or damage which occurs to you or others because of your failure to follow the rules or any instructions given to you by Healthwise (including by your Healthwise Representative).
- a) Follow instructions from your Healthwise Representative at all times. If in doubt, ask before you do anything!
- b) If exercising in a gymnasium setting, follow that gymnasium’s rules.
- c) Respect the Healthwise equipment and be courteous to fellow users (including by keeping equipment clean and putting it away after use). If you are not sure how to operate any equipment, ask before you use it!
- d) Don’t bring valuables along to Healthwise Activities or to Healthwise premises (including for storage in lockers). Healthwise cannot accept loss or damage caused by things outside our control, such as theft.
- e) Wear the protective gear your Healthwise Representative tells you to wear. If you’re not wearing the gear, don’t do the activity.
- f) Never participate in Healthwise Activities under the influence of alcohol or drugs.
- g) If you feel any pain, dizziness or shortness of breath immediately stop and notify your Healthwise Representative.
- h) Have fun!
Some Healthwise Activities also have specific rules. Your Healthwise Representative will tell you about these rules prior to starting the activity.
- 7. General Terms and Conditions
By agreeing to this document, and in consideration for your participation in and payment for your chosen Healthwise Activities, you agree to be bound by the following terms and conditions, which relate to your participation in the Healthwise Activities and your interaction with Healthwise and Healthwise Representatives, as well as your use of any facilities provided by Healthwise in connection with Healthwise Activities:
- a) You agree to pay for any Healthwise Activities in which you participate, in accordance with the payment terms set out in this document and in any Healthwise Activity order forms you agree to.
- b) You acknowledge that any information which is provided to you by Healthwise is general information only, is not intended as medical advice and should not be relied upon as a substitute for consultations with a qualified medical practitioner who is familiar with your individual medical needs.
- c) You agree and acknowledge that you participate in any Healthwise Activities provided, arranged or organised by Healthwise, and use any facilities or equipment owned or controlled by Healthwise, at your own risk.
- d) You agree that your participation in Healthwise Activities and use of the equipment and facilities provided by Healthwise is voluntary and you acknowledge the inherent risk of injury or contracting any illness or medical condition that might result from such participation or use. Additionally, you assume all risk of damage, loss or theft of any personal property that might result from such participation or use (except to the extent caused by fault on Healthwise’s part).
- e) You accept sole responsibility for ensuring that you are medically, mentally and physically fit enough to safely participate in your chosen Healthwise Activities (including by consulting with a qualified medical practitioner and following their instructions if you have any doubts about your health or fitness), and certify that you have no injuries or conditions that may impact on your ability to participate in your chosen Healthwise Activities. Without limiting the foregoing, if you are, or believe that you may be, pregnant, you accept sole responsibility for ensuring that you are able to participate in your chosen Healthwise Activities in a way that is safe for you and your baby.
- f) If you observe any significant hazard during your participation in Healthwise Activities, you will remove yourself from that hazard, safeguard others from the hazard (to the extent you are able to do so safely), and will immediately notify your Healthwise Representative of the hazard.
- g) Healthwise is entitled to ask you to agree to exclude, restrict or modify Healthwise’s liability for death or personal injury suffered by you in connection with your participation in the Healthwise Activities (to the extent those activities are “recreational services” as defined in the Competition and Consumer Act 2010). If you accept the terms of this document, you agree on your behalf and on behalf of your personal representatives, heirs, executors, spouse, administrators, agents, assigns or others, to release and discharge Healthwise (and its affiliates, employees, contractors, agents, representatives, successors and assigns), to the extent permitted by the Competition and Consumer Act 2010, from any and all liability arising in connection with the supply of recreational services for:
- (i) death;
- (ii) physical or mental injury;
- (iii) the aggravation, acceleration, or recurrence of a physical or mental injury;
- (iv) the contraction, aggravation or acceleration of a disease of an individual; or
- (v) the coming into existence, the 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:
- (a) that is or may be harmful or disadvantageous to the individual or community; or
- (b) that may result in harm or disadvantage to the individual or community.
This exclusion of liability does not apply where significant personal injury is caused by “reckless conduct” (as defined in the Competition and Consumer Act 2010) by Healthwise.
- h) You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of all liability of Healthwise in respect of death and personal injury in connection with recreational services provided by Healthwise (except to the extent caused by Healthwise’s reckless conduct, as defined in the Competition and Consumer Act 2010 (Cth)).
- i) You acknowledge that what you achieve from your participation in any of the Healthwise Activities depends on your level and manner of participation and other factors which are outside the control of Healthwise and the Healthwise Representatives, and neither Healthwise nor the Healthwise Representatives guarantee achievement from your participation in the Healthwise Activities.
- j) You agree that, if you cause damage to Healthwise equipment or premises, you are liable to Healthwise for its costs of repair or replacement.
- k) You agree that the terms of this document, including the release and indemnity given by you, are ongoing and will apply to all future occasions when you participate in Healthwise Activities, use Healthwise facilities or equipment or interact with the Healthwise representatives. If you no longer wish to be bound by the terms of this document, you must notify Healthwise and stop your participation in the Healthwise Activities.
- l) You warrant that the information you have given in this document and that you will give to Healthwise, its contractors, servants and agents is true and correct to the best of your knowledge.
- m) You execute this document voluntarily and with full knowledge of its significance.
- 8. Payment terms
- a) You must pay for a Healthwise Activity in full at the time of booking. If you order any product from Healthwise, you must pay for the product in full at the time you make your order. Payment for Healthwise Activities or products may be made by credit card (in which case credit card surcharge fees may apply). Staff of Flight Centre Travel Group Limited may also pay by wage deduction, Preferred Rewards or Shop Draw. Where you elect to make payment by one of the payment methods above, you authorise us to use that payment method to deduct the amount due for the Healthwise Activities you are booking or products you order. If you elect to use Preferred Rewards as the method of payment and do not have sufficient Preferred Rewards to pay for your purchase in full, you authorise us to deduct the remainder of the amount due from your wage.
- b) If you do not pay for Healthwise Activities at the time of booking, you will not be permitted to participate in the Healthwise Activities you are seeking to book.
- c) The amounts payable for Healthwise Activities and products include goods and services tax (GST) in accordance with Australian GST laws.
- d) Where possible, you must provide at least 24 hours notice if you are unable to attend a scheduled Healthwise Activity. Where you provide at least 24 hours notice, Healthwise will endeavour to schedule a new time for your Healthwise Activity on the booking calendar. If you do not provide at least 24 hours notice, you will forfeit the scheduled Healthwise Activity and you will not be entitled to have the Healthwise Activity rescheduled or refunded. If you are late for a scheduled Healthwise Activity, your Healthwise Representative is not required to make up the lost time with you, but may do so at their discretion.
- e) If your Healthwise Representative is late for a scheduled Healthwise Activity, your Healthwise Representative will make up the lost time with you by extending your session, or where this is not possible, by rescheduling the lost time to be provided at an agreed time. If your Healthwise Representative is unable to attend a scheduled Healthwise Activity, they will endeavour to provide you with at least 24 hours notice (where possible) and will endeavour to schedule a new time for your Healthwise Activity on the booking calendar. Where your Healthwise Activity is cancelled and it is not reasonably practicable to reschedule, Healthwise will refund the amount prepaid by you for the Healthwise Activity.
- f) If you are unable to attend one or more scheduled Healthwise Activities due to injury, illness or other exacerbating circumstances, Healthwise may, at its discretion, reschedule the Healthwise Activities, transfer the Healthwise Activities so that they may be used by a person nominated by you, or refund the amount prepaid by you for the Healthwise Activities. Healthwise may require you to provide supporting documents which are satisfactory to Healthwise before providing any of the above steps.
- 9. Boxing / Padwork training class – Acknowledgement
By agreeing to this document and in consideration for your participation in and payment for any boxing group class(es) or padwork training class(es) (“Classes”) held by Healthwise Representatives, you agree and acknowledge as follows:
- a) While the purpose of the Classes is for you to improve your fitness and to have fun, you are aware that the Classes involve physical contact and a risk of injury. You have carefully considered the relevant risks, you have decided to voluntarily assume these risks and you have decided to participate in the Classes at your own risk.
- b) You acknowledge that contact sparring may involve additional risks of serious injury or death. You are not obliged to engage in contact sparring as part of the Classes, but if you do, it will be entirely at your own risk (except to the extent Healthwise engages in “reckless conduct”, as defined in the Competition and Consumer Act 2010 (Cth)).
- c) You have told your Healthwise Representative about any specific injuries or physical limitations which might impact on your ability to participate safely in the Classes. You agree to advise your Healthwise Representative of any new injuries, or any change to your physical capacity, as soon as you become aware of them.
- d) The Classes are subject to rules (“Rules”) which include:
- 1. Talk to a qualified medical practitioner if you are not sure about your fitness to participate in the Classes. Consider getting vaccinated against Hepatitis A and B;
- 2. Arrive at least 5 minutes before the Classes start;
- 3. Listen carefully when the Trainer is speaking, and follow the Trainer’s instructions in full;
- 4. Never hit anyone or anything unless you are wearing protective headgear, sparring mitts and a mouthguard;
- 5. Tell the Trainer if you feel any pain, dizziness or shortness of breath during the Classes; and
- 6. Have fun!
- e) You will follow the Rules and your Healthwise Representative’s instructions. Neither the Healthwise Representatives nor Healthwise are responsible for any injury or damage which occurs to you or others because of your failure to follow the Rules or your Healthwise Representative’s instructions; and
- 10. Important note on personal information and privacy:
- 11. Use of your image:
- a) Healthwise sometimes films or photographs during Healthwise Activities and it is possible you will appear in them. By accepting the terms of this document, you allow Healthwise to use your image in promotional and business-related material (including, without limitation, in social media). However, if you have any concerns about your inclusion in a film or photograph, please let your Healthwise Representative know.
b) By accepting the terms of this document, you also agree that Healthwise may use video and/or audio surveillance for security purposes. However, no surveillance will be conducted by Healthwise in any bathrooms or toilets on Healthwise premises.
c) You acknowledge that your employer may ask Healthwise to release films or photographs in which you appear for your employer’s promotional and business-related material (including social media). You agree to Healthwise releasing any such film or photograph to your employer for this purpose.
- 12. Applicable law:
This document is subject to the laws of Queensland and any dispute arising in connection with this document or your participation in Healthwise Activities will be heard by the courts of Queensland (and courts of appeal from them).
- 13. Severability:
If any part of this document is invalid or unenforceable, that part will be deleted from the document and the remainder of the document will remain valid and enforceable.
I hereby acknowledge that I am 18 years of age or older and that I understand and agree with the above terms and conditions.
(If you are younger than 18 years of age, your parent or legal guardian must agree these terms and conditions for you).
These terms were last updated in July 2014.