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The Fitness Liability Waiver is essential for any fitness facility operating in New Zealand to manage risk and establish clear understanding between the facility and its members. This document is typically used before allowing members to participate in fitness activities or use facility equipment. It includes comprehensive coverage of risk acknowledgment, health declarations, and facility rules while ensuring compliance with New Zealand's consumer protection legislation. The waiver is designed to protect facility operators from liability where legally permissible while maintaining transparency about risks and obligations. It's particularly important given New Zealand's unique legal framework, including the Accident Compensation scheme and consumer protection laws that cannot be contracted out of.

1. Parties: Identifies the fitness facility operator and the member signing the waiver

2. Background: Explains the context of the agreement - that the member wishes to use the facility and/or participate in activities, and the facility requires this waiver before allowing participation

3. Definitions: Defines key terms used throughout the document, including 'Activities', 'Facilities', 'Services', and 'Claims'

4. Acknowledgment of Risks: Details the inherent risks of exercise and use of fitness equipment that the member acknowledges and understands

5. Health Warranties: Member's confirmation of their fitness to participate and disclosure of relevant health conditions

6. Rules and Instructions: Member's agreement to follow facility rules, safety instructions, and staff directions

7. Waiver and Release: The core waiver provisions releasing the facility from liability for specified risks and injuries

8. Indemnity: Member's agreement to indemnify the facility against claims arising from their use of the facility or breach of rules

9. Statutory Rights: Acknowledgment that certain rights under New Zealand law cannot be waived and remain in effect

10. Term and Termination: Duration of the waiver and circumstances under which it can be terminated

11. General Provisions: Standard contractual provisions including governing law, entire agreement, and severability