Liability Waiver

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-

• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

This waiver applies when you access or use our facilities and services, and when you sign any related membership, onboarding, or FOB access documents.

I, the undersigned, agree with 5th Element Wellness Pty Ltd and its related bodies corporate, associated companies, trusts, partnerships and other entities, and each of their directors, officers, employees, contractors, agents and affiliates (together, 5EW), as follows:

Definitions
Personal injury includes physical or mental injury, illness, disease, aggravation of a pre-existing condition, or death.

1. Health and capability

1. I confirm I am physically capable of using the club facilities and participating in exercise and/or wellness services.
2. I confirm I am not aware of any condition that would make participation unsafe without medical clearance. If I am unsure, I will seek medical advice before participating.
3. I understand I am responsible for exercising within my own limits and following coaching instructions, safety signage and club rules.

2. Assumption of risk

1. I understand that training and wellness activities carry inherent risks. These risks include, but are not limited to, sprains, strains, soft tissue injuries, fractures, cardiac events, heat or cold related illness, dizziness, fainting, and in rare cases serious personal injury or death.
2. I voluntarily accept these risks for myself.

3. Unstaffed hours and 24-hour access conditions

1. I understand that the club may be accessed during staffed and unstaffed hours (including 24-hour access where enabled for my membership).
2. I understand that during unstaffed hours there may be no staff present to supervise, instruct, assist, or respond immediately to incidents.
3. Restricted areas during unstaffed hours: I acknowledge and agree that certain areas may be closed when there is no rostered staff present, including (without limitation) the infrared sauna and cold tub. I agree I must not enter or use any restricted area or equipment that is marked closed, locked, cordoned off, or otherwise indicated as out of use.
4. Using restricted areas during unstaffed hours is strictly prohibited, even if those areas are available during staffed hours.
5. I understand that breaching these restrictions is a serious safety issue and may result in suspension or termination of access.

Note: 24/7 access is members-only. Guests are not permitted during unstaffed hours. Separate rules may apply for staffed sessions and club events.

4. Personal property

1. I acknowledge that while on the premises, my person and my property are at my own risk.
2. To the extent permitted by law, 5EW is not responsible for loss, theft or damage to property, including items stored anywhere on the premises or in or around vehicles.

5. Release, exclusions and limitation of liability (to the extent permitted by law)

1. To the extent permitted by law, I agree that 5EW excludes all liability for any personal injury, loss or damage (including direct, indirect, special or consequential loss) suffered by me, or any loss of property suffered by me, while on the premises or arising in any way out of my use of facilities and equipment or participation in any program or service provided by 5EW (whether in person, online, or otherwise), including where caused by the negligence of 5EW.
2. Nothing in this waiver is intended to exclude, restrict or modify any rights or remedies that cannot legally be excluded under the Australian Consumer Law (Victoria).
3. The Victorian WARNING notice displayed above is brought to my attention before I agree and forms part of this waiver. Where the WARNING notice states that the change to my rights does not apply (including where death or injury is due to gross negligence), this waiver does not apply to the extent required by law.

6. No warranties
Except as expressly required by law, 5EW gives no warranties regarding the facilities, equipment, programs, or advice provided in person, online, or otherwise.

7. Indemnity
To the extent permitted by law, I release and indemnify, and agree to keep indemnified, 5EW from and against any claims, demands, actions, costs or liabilities arising from:

• my participation or use of the facilities or services
• my breach of club rules, safety signage, or restricted-area rules (including use of restricted areas during unstaffed hours)
• any damage I cause to the premises, equipment, or property of others.

This indemnity does not apply to the extent liability cannot be excluded by law or where the Victorian WARNING notice states the change to my rights does not apply.

8. Minors
If the member is under 18 years of age, a parent/guardian must agree to this waiver.

9. Governing law and severability
This waiver is governed by the laws of Victoria, Australia. If any part of this waiver is found unenforceable, the remainder continues to apply.

10. Acknowledgement
I confirm I have read and understood this waiver, had the opportunity to ask questions, and agree freely and voluntarily. I understand this waiver affects my legal rights, including my ability to make certain claims.

Electronic signing
If I sign this waiver electronically (including by selecting “I Agree” or similar), I intend to sign it electronically.

By using the facilities and/or signing this waiver, the member acknowledges and agrees to the above.

Last updated: 1 February 2026