This rental agreement is made between The Owner, Level Up Your Life (ACN 631 226 769 | ABN 97 631 226 769), and The Hirer.
This Agreement shall be governed by and constructed in accordance with the laws of the State of Queensland.
• Equipment must be returned by Close of Business upon conclusion of the hire period’s End Date.
• The Hirer shall give the Owner 24 hours notice if wishing to extend the hire period. Failure to do so will incur a late fee of $30.00. Further charges will then apply at $10 per day of overdue hire, in addition to the corresponding hire rate for each item of overdue equipment. An additional collection fee may also apply if the equipment is unable to be returned in person.
• Failure to return the hired goods by the End Date will result in referral of the Hirer’s details to a Debt Collection Agency and Police. Recovery costs and the retail value of the unreturned hired items will be sought.
The Hirer shall:
1. Use the goods only for the purpose for which they were designed and intended, for personal use only.
2. Ensure that the goods shall be used only for the purpose described by them when entering into this hire agreement.
3. Be liable for damage, other than fair wear and tear due to normal operation, to the goods.
4. Pay all costs associated with the repair arising out of misuse or maltreatment, whether intentional or otherwise.
5. Be liable for any damage and/or injury to person/s, and/or property, including that of a third party.
6. Comply with all Federal, State, and/or Local Government laws, by-laws, and regulations.
7. Cover the goods against theft and/or malicious damage by a third party.
8. Ensure that, at all times, the goods are safely stored in a dry and secure location when not in use.
9. Inform the Owner and the Police of the circumstances leading to vandalism or theft of the goods, as soon as practicable. Failure to do so may render the Hirer responsible for the full amount of the damage or loss.
10. Not lend, let out, rent or hire, leave abandoned, offer as a security, pledge, encumber, alter, attach to, attach items to the goods, and/or otherwise disadvantage the Owner.
11. Return the goods in a clean and workable condition. Goods not returned in a clean and workable condition shall attract a cleaning fee of $30.00 and/or repair cost.
12. Be liable for any additional charges arising out of this agreement without further reference to the Hirer.
13. Not be bound refund to any unused rental.
The Owner:
1. Shall be indemnified from any actions whatsoever arising from this
agreement.
2. Is not bound for any costs or loss suffered by the Hirer arising out of this Agreement
CONSENT & WAIVER OF LIABILITY
Minors may participate in our NormaTec, Celluma, GameReady and Theragun therapies with parental consent.
Minors may NOT participate in Compex Electric Muscle Stimulation until the age of 18.
By signing this agreement you:
Acknowledge that use of cryotherapy involves risk of bodily injury, illness, disability or death, which may be compounded by negligent emergency response of the attendant. You acknowledge that you are voluntarily allowing your child to participate in cryotherapy and/or other non-cryotherapy services with knowledge of the dangers involved and accept and assume all risks and injury, illness, disability or death, whether caused by the condition of the facilities or equipment or the negligence of the attendant or otherwise. You acknowledge that frostbite is a specific risk that you assume.
Expressly waive and release any and all claims against LozLife and its members, directors, employees, agents, affiliates, successors and assigns (which are collectively referred to as “the Company”), arising out of or attributable to your use of cryotherapy and/or other non-cryotherapy services, other than may arise from the gross negligence or intentional misconduct of the Company. You covenant not to assert any such claims against the Company, and forever release and discharge the Company from liability for any such claims.
Indemnify and hold harmless the Company from any loss, liability, damage, cost or expense arising out of or connected in any manner with your use cryotherapy and/or other non-cryotherapy services, except as may arise from the gross negligence or wilful misconduct of the Company.
Agree that this waiver and release is intended to be as broad and inclusive as permitted under law. You specifically acknowledge and agree that this agreement is not intended to be a general release subject to limitations and conditions that would otherwise apply under applicable state law and additionally agree to waive all general release limitations provided by applicable law.
GENERAL PROVISIONS
This agreement shall be construed and interpreted as broadly as possible under the applicable law of the jurisdiction in which you use these services, with the words, terms, provisions, covenants, and remedies contained in this agreement to be enforceable to the fullest extent permitted by applicable law.
If any portion of this agreement is held invalid, the remainder shall not be affected and shall continue in full legal force and effect.
The terms of this agreement shall continue from this date forever and shall apply to each use by you of these services without the need for you to resign this agreement.
This document constitutes the entire agreement regarding the use of these services and supersedes all prior discussions and representations about the use, benefits or risks of these services.
You may have other conditions that make these services inappropriate. Consult with your Doctor or Medical Advisor if you have questions as to whether these services are right for you.
SIGNATURE CONSENT
You hereby agree to irrevocably release and waive any claims you may have now or in the future against us.
You certify that you are at least 18 years of age or if you are under 18 years of age have provided us with the written permission of your parent or legal guardian.
This release and indemnity continues forever and binds your heirs, successors, executors, personal representatives and assigns.
I have read and fully understand and agree to the above terms of this Liability Waiver Agreement. I am signing this agreement voluntarily and recognize that my signature serves as complete and unconditional release of all liability to the greatest extent allowed by law.
