MOVE SPORTS CENTRE GAIT LAB: LIABILITY WAIVER & ASSUMPTION OF RISK (AI VIDEO GAIT ANALYSIS)

IMPORTANT NOTICE

This document contains terms and conditions which limit the liability of MOVE Sports Centre Gait Lab and constitute a voluntary assumption of risk by the customer. These provisions may result in the customer having no recourse against MOVE Sports Centre Gait Lab for certain losses or injuries sustained during the service. By proceeding, you acknowledge that you have been given an adequate opportunity to read and comprehend these terms, which are drafted in plain language in accordance with the South African Consumer Protection Act.

[Customer acknowledgement required prior to service]

1. SERVICE DESCRIPTION AND AI SCOPE

MOVE Sports Centre Gait Lab provides a consumer-facing, in-store, video-based, AI-assisted gait analysis service. This technical assessment involves the recording of a customer’s stride and the subsequent processing of that video footage to extract anthropometrics and derive biomechanical metrics. The analysis is performed using technology provided by Ochy, a third-party AI vendor. Customers acknowledge that their video data and derived metrics are transmitted and processed by Ochy on servers located in the European Union (Germany). Furthermore, customers recognise that data extracted from these videos may be used by the vendor to maintain, train, and improve its AI models, provided that no personally identifying materials are used for such training.

2. NOT A MEDICAL DIAGNOSIS

The gait analysis provided by MOVE Sports Centre Gait Lab is intended solely for performance and biomechanical informational purposes. It is subject to the following technical and clinical limitations:

  • Not Medical Advice: The analysis and any associated reports do not constitute, and should not be used as a substitute for, professional medical advice, clinical diagnosis, or treatment.

  • AI Limitations: Biomechanical data is generated via artificial intelligence and may be inaccurate or subject to algorithmic error. The output must not be relied upon as a "sole source of truth" for medical or clinical matters.

  • Professional Consultation: Customers are strongly advised to consult a qualified healthcare professional regarding any clinical concerns, persistent pain, or pre-existing medical conditions.

3. ACKNOWLEDGMENT OF PHYSICAL RISKS

Participating in a physical gait assessment within a retail environment involves inherent physical risks, including the risk of serious injury or death. By engaging in this service, the customer acknowledges the following specific risks:

  • Falls or loss of balance during the walking or running assessment due to equipment, flooring, or the presence of other persons within the retail environment.

  • Physical strains, muscle injuries, or cardiovascular distress associated with physical exertion.

  • Risks inherent to a retail environment, including uneven flooring and proximity to display fixtures.

4. VOLUNTARY ASSUMPTION OF RISK

The customer acknowledges that they are fully aware of the risks associated with the video gait analysis as described in Section 3. The customer voluntarily chooses to proceed with the assessment and expressly assumes all risks associated with their participation, whether those risks are known or unknown at the time of the service.

5. LIMITATION OF LIABILITY

To the maximum extent permitted by law, MOVE Sports Centre Gait Lab, its directors, employees, and agents shall not be liable for any direct, indirect, special, or consequential loss, damage, or injury arising from the gait analysis service or the reliance upon AI-generated data. Liability for any claim arising out of this agreement, whether in contract, delict, or otherwise, shall be limited to a maximum of R5000-00.

Gross Negligence and Wilful Misconduct Carve-out in accordance with South African statutory requirements, nothing in this agreement purports to limit or exempt MOVE Sports Centre Gait Lab from liability for any loss or damage attributable to the gross negligence or wilful misconduct of MOVE Sports Centre Gait Lab or its personnel.

6. INDEMNIFICATION

The customer agrees to indemnify, and hold MOVE Sports Centre Gait Lab harmless against any claims, damages, or legal expenses arising specifically from the customer’s own breach of provided safety instructions, or the provision of inaccurate health, physical, or anthropometric information by the customer during the intake process.

7. EMERGENCY MEDICAL CARE

In the event of an injury or medical emergency occurring during the gait analysis, the customer hereby authorises MOVE Sports Centre Gait Lab personnel to arrange for necessary medical treatment or emergency services. The customer acknowledges and agrees that all costs and expenses incurred for such medical care, including emergency transport and private facility fees, shall be for the customer’s own account.

8. GOVERNING LAW AND JURISDICTION

This agreement and all matters arising from the gait analysis service are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the South African courts.