Question 1

Popeye's Gym is located in Canberra. Dom has had a bad back in the past and wants to get stronger. Dom signed the standard form contract to join Popeye's Gym, agreeing to pay a once-off joining fee of $100, and thereafter $200 each month for a year (a total of $2500). He went to the gym the next day and unfortunately was seriously injured when he ran off a faulty treadmill and injured his back.

Dom can't work for 4 weeks while he recovers and loses $4000 in wages. He also isn't well enough to use the gym facilities. When he complained to Popeye's Gym. Ros, the Manager, pointed Dom to the standard form contract that he signed, which included the following clauses:

Clause 6: This contract is for a fixed term of 12 months, and the gym member promises to pay the monthly fee for the entire 12 month period.

Clause 8: The gym member who signs this contract waives all legal rights in contract and negligence and undertakes not to bring any legal action against Popeye's Gym in any circumstances.

Dom later discovers that the treadmill was faulty because Popeye's Gym had not been properly maintaining the equipment.

Dom wants to know if he there is any legal action he can take against Popeye's Gym in relation to his injuries and loss of income, and whether he can get out of the contract with Popeye's Gym. Advise Dom and cite legal authority to support your answer.