Exercises performed at a gym, including lunging, constitute a 'recreational activity' under s 5K of the Civil Liability Act 2002 (NSW), as they involve participation in activities involving physical exertion for enjoyment, relaxation or leisure. However, a general acknowledgment in a membership form that the member will not hold the gym liable for injuries does not constitute a 'risk warning' under s 5M, because it does not warn of any specific risk of a particular exercise. A contractual exclusion clause that is unintelligible cannot be construed as exempting a party from liability for negligence or breach of contract.
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