PARTICIPATION WAIVER
Wanderlust Pole Studio Pty Ltd Participation Waiver
A. ADULT PARTICIPATION WAIVER
By enrolling in our classes at Wanderlust Pole Studio Pty Ltd, you agree to the following terms:
1. Participating in the activities offered by Wanderlust Pole Studio Pty Ltd at 5/125 Castlereagh Street, Liverpool NSW 2170 and any other addresses the Studio may occupy ('the Recreational Activities') involves inherent risks, including the risk of personal injury and potential harm. These risks encompass various possibilities, such as strains, sprains, fractures, and other potential injuries.
2. Before participating in the Recreational Activities, you should ensure that you understand all risks associated with these activities, including any specific risks that may be relevant to your health condition or circumstances.
3. By agreeing to these terms or enrolling in our classes, you acknowledge, agree, and understand that you are voluntarily participating in the Recreational Activities, fully aware of the risks outlined above.
4. By agreeing to these terms or enrolling in our classes, you affirm your personal responsibility for your participation and your understanding of the inherent risks associated with the Recreational Activities.
5. By agreeing to these terms or enrolling in our classes, you acknowledge, agree, and understand that the risk warning provided above is intended to inform you of the inherent risks of the Recreational Activities.
6. To the extent permitted by law, you acknowledge and agree that you voluntarily assume all risks and waive any claim for liability against Wanderlust Pole Studio Pty Ltd and its employees for any injuries, illnesses, or damages that may arise directly or indirectly from your participation in the Recreational Activities.
7. To the fullest extent permitted by law, you release and discharge Wanderlust Pole Studio Pty Ltd, its employees, and agents from any and all claims, liabilities, demands, actions, causes of action, costs, and expenses that you may have now or in the future arising out of, connected with, or in any way related to your participation in the Recreational Activities.
8. You also acknowledge and agree that you have read, understood, and agreed to abide by the Studio's rules, guidelines, and policies as outlined in the Studio Handbook, Health and Safety Policy, and any other relevant documents.
9. You give permission for medical/ambulance assistance to be sought in case of injury or emergency and agree to cover any incurred costs.
10. You understand that while the Studio takes measures to ensure a safe environment, you are responsible for your own safety during participation.
Thank you for choosing to be part of the Wanderlust Pole Studio Pty Ltd community.
B. CHILD PARTICIPATION WAIVER
By enrolling your child in classes, you agree to the following terms:
Participating in the activities offered by Wanderlust Pole Studio Pty Ltd and other providers within our venue at 5/125 Castlereagh Street, Liverpool NSW 2170 and any other addresses the Studio may occupy ('the Recreational Activities') supplied by Wanderlust Pole Studio Pty Ltd or others ('Service Provider') involves inherent risks, including the risk of personal injury and potential harm. These risks encompass various possibilities, such as strains, sprains, fractures, permanent paralysis, or even fatal incidents.
2. Before allowing your child to participate in the Recreational Activities, you should ensure that you understand all risks associated with these activities, including any specific risks linked to their health condition or pre-existing disability.
3. By agreeing to these terms or enrolling your child in classes, you acknowledge, agree, and understand that your child will voluntarily engage in the Recreational Activities, fully aware of the general and specific risks outlined above.
4. By agreeing to these terms or having your dependant participate in classes, as a parent, guardian, or responsible person with parenting duties, you affirm that you have informed the participant about the inherent risks associated with the Recreational Activities provided by the Service Provider, including the general and specific risks.
5. By agreeing to these terms or enrolling your child in classes, you also acknowledge, agree, and understand that the risk warning provided above serves as an official 'risk warning' as per applicable legislation, including Section 5L of the Civil Liability Act 2002 (NSW).
6. Section 139A of the Competition and Consumer Act, 2010 (Cth) allows the Service Provider of Recreational Activities and related services to request that you agree to waive the statutory guarantees under the Australian Consumer Law (Cth) for engaging in the Recreational Activities.
7. By agreeing to these terms or enrolling your child in classes, you acknowledge, agree, and understand that, in accordance with the law (including Section 139A of the Competition and Consumer Act 2010 (Cth)):
7.1. Your rights (or the rights of a person for whom you are enrolling the services) to take legal action against the Service Provider, its employees, and agents for any failure to meet express or implied warranties or guarantees related to the provision of services with reasonable care and skill are limited, modified, or excluded, as detailed below; and
7.2. You (or the person for whom you are enrolling the services) release the Service Provider, its employees, and agents from any liability arising from a failure to comply with express or implied warranties or guarantees related to the provision of services with reasonable care and skill.
8. By agreeing to these terms or enrolling your child in classes, you acknowledge, agree, and understand that, as allowed by law, the Service Provider's liability concerning recreational services and activities (as defined in the Australian Consumer Law and similar state laws) for any:
8.1. Fatality;
8.2. Physical or mental injury (including aggravation, acceleration, or recurrence of such injury);
8.3. Contracting, aggravation, or acceleration of a disease;
8.4. Occurrence, exacerbation, acceleration, or recurrence of any other condition, circumstance, event, behavior, conduct, or situation:
(i) harmful or disadvantageous to you, your child, or the community;
(ii) causing harm or disadvantage to you, your child, or the community;
(iii) suffered by you (or a person for whom you are enrolling the services) due to the provision of recreational services or activities is excluded.
9. By agreeing to these terms or enrolling your child in classes, you, to the fullest extent permitted by law, agree to waive and/or release the Service Provider, its employees, and agents from any claims, rights, or actions arising from death, physical or mental injury, disease, loss, damage, or any form of economic loss that you or your child may experience due to or related to participation in the Recreational Activities, regardless of whether the cause is negligence on the part of the Service Provider, its employees, or agents.
10. By agreeing to these terms or enrolling your child in classes, regardless of whether you pay for the facility's services on an annual, monthly, term program, weekly, or casual basis, you agree that the waivers and releases mentioned in this document apply to each visit your child makes to the Service Provider until you revoke or amend your consent in writing.
11. I give permission for my child to receive medical/ambulance assistance in case of injury or emergency and agree to cover any incurred costs.
12. I have read and understood the relevant Studio policies, Terms & Conditions, and agree to the rules, terms, and conditions stated therein.