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ACKNOWLEDGEMENT OF RISKS, INJURY AND OBLIGATIONS

I ACKNOWLEDGE that the activity I have voluntarily agreed to undertake is a dangerous activity and that by participating in it I am exposed to certain
risks.
The activity includes, fitness classes incorporating cardio vascular exercise, strength and conditioning training, resistance training, weight lifting, boxing
and other martial art hybrid classes, personal training sessions, training activities undertaken both on and off the premises, participation in team or
individual competitions, and other services provided to the participant by KOA Fitness.
I ACKNOWLEDGE AND UNDERSTAND that whilst participating in such activity:
• I may be injured, physically, emotionally or mentally, or may even die.
• My personal property may be lost or damaged.
• Other persons participating in such activity may cause me injury or may damage my property.
• I may cause injury to other persons or damage their property.
• The conditions in which the activity is conducted may vary without warning.
• I may be injured or die or suffer damage to my property as a result of negligence or breach of contract by KOA Fitness.
• There may be no or inadequate facilities for treatment or transport of me if I am injured.
• I assume the risk and responsibility for any injury, death or property damage resulting from my participation in the activity.
I FURTHER ACKNOWLEDGE AND UNDERSTAND that whilst participating in such activity:
• I will follow the safety advice, training directions and exercise instructions of the KOA Fitness trainers, contractors, agents and volunteers.
• If I feel unwell during training or feel pain and/or discomfort, I will cease participating and immediately inform a trainer.
• If, for any reason, I require first aid or medical assistance, I hereby authorise KOA Fitness to seek emergency medical assistance on my behalf with
the understanding that I am responsible for all costs incurred.

RELEASE OF LIABILITY AND INDEMNITY TO KOA FITNESS


IN CONSIDERATION of the acceptance of my payment for participating in the activity (and except to the extent that the same may be precluded by
Law) I AGREE TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against KOA Fitness its trustees, partners, directors, owners,
officers, employees, trainers, contractor, volunteers, and agents, notwithstanding that such claims may arise due to negligence, breach of contract, or breach of statutory duty.


FURTHER;
• I participate in the activity at my sole risk and responsibility.
• I release, indemnify and hold harmless KOA Fitness, its trustees, partners, directors, owners, officers, employees, trainers, contractors, volunteers,
and agents, from and against all and any actions or claims which may be made by me, or on my behalf by other parties, arising out of any injury, loss,
damage or death caused to me or my personal property whether by negligence, breach of contract or in any other way whatsoever.

I ALSO AGREE THAT in the event that I am injured or my personal property is damaged, I will bring no claim, legal or otherwise against KOA Fitness in
respect of that injury or damage. This agreement shall be effective and binding upon me, my successors, representatives, heirs, executors, assigns, or
transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
 

 

PDPA CONSENT CLAUSE

By submitting this Form, you hereby agree that KOA Fitness may collect, obtain, store and process your personal data that you provide in this form for
the purpose of receiving updates, news, promotional and marketing mails or materials from KOA Fitness.

You hereby give your consent to KOA Fitness to:-
• Store and process your Personal Data;
• Disclose your Personal Data to the relevant governmental authorities or third parties where required by law or for legal purposes.

In addition, your personal data may be transferred to any company within the KOA Fitness which may involve sending your data to a location outside
Malaysia. For the purpose of updating or correcting such data, you may at any time apply to the KOA Fitness to have access to your personal data
which are stored by KOA Fitness.

For the avoidance of doubt, Personal Data includes all data defined within the Personal Data Protection Act 2010 including all data you had disclosed to
KOA Fitness in this Form.