Please note that like all sports, cheerleading can result in injury. Using the Deakin University Cheer and Dance facilities is undertaken in accordance with the rules and conditions in place within the training venue. Upon entering a Deakin University Cheer and Dance training. performance etc. you are deemed to have understood and accepted the terms and conditions outlined in the below Waiver which is also displayed online at the Deakin University Cheer and Dance Facebook pages.
IMPORTANT NOTICE ~ PLEASE READ!
Exclusion of liability, waiver of right to sue, your assumption of risk – these conditions affect your legal rights! Deakin University Cheer and Dance as the supplier of recreational services supplies all services and facilities to you (the customer) including, but not limited to, cheerleading tuition, stunting, tumbling, stunting, jumps, dancing, trampolining, general exercise, performances, competitions and events. The condition, layout, construction, maintenance, use of cheerleading equipment including surrounds and any other associated sporting activities or similar leisure time pursuits (recreational activities) held in or nearby to the Deakin University Cheer and Dance training venue are subject to the following conditions:
1. By using any of the facilities at the Deakin University Cheer and Dance training venue the customer is deemed to agree to these conditions.
2. Deakin University Cheer and Dance, its employees, directors and agents are not liable to the customer, his/her dependants or legal representatives for personal injury or death suffered by the customer because the activities were not supplied with due care and skill, were not reasonably fit for their purpose or because of negligence, breach of contract, statute or statutory duty by Deakin University Student Association
3. The customer acknowledges that the activities are dangerous with inherent risks and hazards and as a consequence personal injury and death may occur. The customer assumes and accepts all such risks and hereby waives the right to sue Deakin University Cheer and Dance, its employees, directors, DUSA and agents for any personal injury or death in any way whatsoever caused by or arising from the customer’s participation in such activities.
4. WARNING: If you participate in these activities, your rights to sue the supplier under the Australian Consumer Law & Fair Trading Act 2012 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in paragraphs 2 and 3 of this document.
PLEASE NOTE: The change to your rights, as set out in or on this document, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law & Fair Trading Regulations 2012 and section 23(3)(b) of the Australian Consumer Law & Fair Trading Act 2012.
5. The customer agrees to pay the cost of and authorises Deakin University Cheer and Dance, its employees, directors and agents to take all steps it considers reasonably necessary to protect his/her welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
6. Participants must be in good health and free from any adverse medical conditions. For safety reasons Deakin University Cheer and Dance asks that pregnant women, customers with pre-existing health issues or wearing casts do not participate. If in doubt please seek medical advice. Failure to notify staff of any of these conditions will result in participants waiving their rights to sue the supplier under the Australian Consumer Law & Fair Trading Act 2012 as set out in paragraphs 2 and 3 of this document.
7. While in the Deakin University Cheer and Dance training venue you consent to images and video being taken for security or promotional purposes of yourself, your children or of children for whom you are responsible.
8. The customer must comply with all signs or other directions of Deakin University Cheer and Dance
9. Any directors, employees or agents of Deakin University Cheer and Dance may suspend or cancel the customer’s access to recreational activities at the Outlaws Edge venue in its absolute discretion for non compliance with these conditions, or for reckless or careless conduct.
10. If you enter the Deakin University Cheer and Dance training venue, you agree that you make that purchase as the authorised agent of that person so that he/she will be bound by these conditions.
11. Despite any other provision of these conditions to the contrary, to the extent permitted by law, in no event will Deakin University Cheer and Dance or its employees, directors and agents be liable in respect of any claim for any loss of profits or anticipated profits, loss of use of capital or revenue, or for any punitive, exemplary, special, incidental or consequential loss or damage or the like.
12. This agreement: (a) is governed by the laws of the State of Victoria, the Courts of which shall have exclusive jurisdiction, and (b) if any part or provision is determined by a Court to be invalid or unenforceable all other parts and provisions shall still be given full legal force and effect.