Terms & Conditions and Indemnity Waiver
Terms of service
By booking you have read and agreed to the terms of service written below.
281013 - Deed of Waiver, Release and Indemnity -
A. The Studio conducts a business where the Participant, either alone or in a group, will undertake strength, fitness and conditioning training, training and performance in a variety of dance styles and circus/acrobatic/aerial activities (“the Activity”).
B. The Studio engages the persons to provide training and supervision of the Participant’s involvement in the Activity (“the Trainer”).
C. The Studio and the Trainer disclose and the Participant and/or Guardian acknowledge that the Activity:
(i) is demanding physically and that the Participant is at risk of injury;
(ii) should only be undertaken by the Participant who is physically and otherwise suitably fit to undertake the Activity; and
(iii) requires the Participant and/or the Guardian to take responsibility for the Participant’s health and wellbeing including, but not limited to, ensuring that the Participant has the physical and mental capacity to undertake the Activity and to withdraw from the Activity, if the Participant and/or the Guardian is in any doubt as to the Participant’s ability to safely, and without causing any harm to the Participant, undertake the Activity.
D. The Studio and the Trainer require, as a precondition of the Participant undertaking the Activity, the Participant and/or the Guardian to waive any rights that the Participant and/or the Guardian might have against the Studio and/or the Trainer and provide a full release and discharge as well as an indemnity in favour of the Studio and the Trainer and the Participant and/or the Guardian agree to this request by signing this Deed.
NOW THIS DEED WITNESSETH:-
1. Statements by the Participant and/or the Guardian
1.1 The Participant and/or the Guardian state and assure the Studio and the Trainer as follows:
(1) the Participant and the Guardian are aware that the Activity involves risk of injury and other harm and should not be undertaken unless the Participant is free of any medical condition, injury or impairment that might inhibit the Participant in safely undertaking the Activity;
the Participant and the Guardian state that the information contained on the health check and history statement attached to this Deed is true and correct in every respect and that before undertaking the Activity the Participant has been examined by an Australian Medical Practitioner who has confirmed that the Participant may undertake the Activity and further, the Participant and/or the Guardian confirm (1) that the Participant is in good health and not aware of any reason that could lead to a health or other adverse consequence of participating in the Activity and will continue to have checks with an Australian Medical Practitioner at regular intervals and if the Participant and/or the Guardian believe that the Participant’s medical condition changes in any way; and
(2) the Participant and the Guardian will inform the Studio and the Trainer if there is any change to the medical condition of the Participant including during the course of the Participant undertaking the Activity and the Participant will cease the Activity immediately that the Participant and/or the Guardian is aware of any change to the medical condition or in the event of an injury or impairment to the Participant.
1.2 The Participant and/or the Guardian acknowledge that:
(1) the Participant and/or the Guardian, unless properly qualified and authorised by the Studio, is not able to instruct, supervise or otherwise be involved in the Activity, save and except as a participant; and
(2) any choreography demonstrated during the course of the Activity by the Studio or the Trainer is the intellectual property of the Studio and may not be reproduced, demonstrated or used in any circumstance, without the prior written consent of the Studio.
1.3 The Participant and/or the Guardian acknowledge and agree to abide by the policies, procedures and guidelines and any reasonable instruction given by the Studio and/or the Trainer before, after or at any time the Participant is involved in the Activity.
1.4 The person signing this Deed is either:
(1) the Participant and is 18 years or older; or
(2) the parent or legal guardian of the Participant where the Participant is less than 18 years of age.
2. Release, Discharge and Indemnity by Participant and/or Guardian
2.1 The Participant and/or Guardian hereby releases and discharges the Studio, its officers, employees and agents and the Trainer from any claim or proceedings (legal, equitable or statutory) which the Participant and/or Guardian had, now has or may in the future have against any of them arising out of or as a consequence of the Participants participation in the Activity ("this Release").
2.2 The Participant and/or Guardian agrees that he/she/it understands by granting this Release he/she/it abandons any right which he/she/it may otherwise have had (now or in the future) to commence or continue proceedings in any Court, Tribunal or Commission for damages, compensation, benefits or relief of any other kind.
2.3 This Release may be pleaded as a bar to any proceedings commenced by the Participant and/or Guardian or on behalf of the Participant and/or Guardian, against one or more of any combination of the persons released and discharged by paragraph 2.1.
2.4 If the Participant and/or Guardian commences any proceedings barred by this Release, the Participant and/or Guardian will indemnify (and keep indemnified) each of the persons released and discharged by paragraph 2.1 for any loss (including legal costs and consequential loss of profit) arising from the proceedings.
2.5 The Participant and/or Guardian acknowledges that he/she/it has had a full and proper opportunity to seek independent advice on this Waiver, Release and Indemnity and has done so.
3. Governing Law and Jurisdiction
3.1 This Deed is governed by the laws of Queensland the parties submit to the non-exclusive jurisdiction of the Courts of that State.
EXECUTED as a Deed.
Photo waiver -
As a part of our communications activity, Bella Bliss Studios occasionally uses photography for publicity purposes. By booking this we have your permission to photograph/film you for possible inclusion in our publications, websites and other publicity material. The image(s) will remain the property of Bella Bliss Studios. The image(s) may also be included in Bella Bliss Studios image library for use in marketing materials, and /or around the studio.