THIS RECITALS
A. The Participant (including child/ren) has agreed to engage Great Lakes Cheerleading to provide services to the Participant.
B. The Participant has agreed to enter into this agreement in consideration of the services provided and the Participant's (including child/ren) engagement in activities.

OPERATIVE PART
1. Interpretation
This agreement is governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that state. In the interpretation of this agreement.
(a) References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
(b) Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
(c) Grammatical forms of defined words or phrases have corresponding meanings;
(d) Parties must perform their obligations on the dates and times fixed by reference to the capital city of New South Wales;
(e) If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day; and
(f) Obligations under this agreement affecting more than one party bind them Great Lakes Cheerleading
jointly and each of them severally.

2. Definitions
The following definitions apply to this agreement:
(a) "Athletic Activity" means personal training, fitness classes, team or individual competitions, fitness assessments, use of facilities, observation of athletic activities, Olympic lifting, power lifting, gymnastics, strength conditioning, interval training, bodyweight conditioning, bouldering, rope climbing, macro climbing, stretching, sports, and programs, clinics, seminars, and other services provided by GLC;
(b) "Fees" means the fees set out in Schedule 1 to this agreement;
(c) "GLC" means DALEXJ Pty Ltd, trading as Great Lakes Cheerleading and includes its owners, volunteers, directors, officers, employees, trainers, instructors, agents, servants, officials, independent contractors, servants, representatives, successors and assigns;
(d) "Injury" means all forms of physical, mental, and emotional injury in any way related to athletic activity and transportation activities including, but not limited to, death, breaks, strains, lacerations, dislocations, exercise induced rhabdomyolysis, heart failure, concussion, frostbite, hypothermia, heat illness, dehydration, trauma, anxiety, and fears; and
(e) "Participant" means an individual who is over 18 years of age and includes a parent or legal guardian of a child who engages in Athletic Activity.

3. Agreement
The Participant hereby acknowledges and agrees that this agreement shall be effective and binding upon the Participant's heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.

4. Fees
GLC agrees to provide Athletic Activity in accordance with the terms of this agreement.
The Participant must pay the Fees as set out in Schedule 1 to this agreement.

5. General and Specific Risk Warning
GLC is not responsible for any death, injury, loss, or damage of any kind suffered by the Participant (including child/ren) while using GLC facilities, participating in or watching GLC activities, caused in any manner whatsoever including, but not limited to, the negligence of GLC.
The Participant is aware that Athletic Activity has inherent dangers and risks posed on the Participant (including child/ren) including, but not limited to, the potential for serious personal injury or death caused by any GLC activities or any condition of the facilities or equipment of GLC, some of which include:
(a) Transient light-headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain, discomfort, fatigue, nausea, heart failure and exercise induced rhabdomyolysis;
(b) All manner of injury resulting from slipping or falling, either roped or unroped, while jumping, skipping, running, walking, lifting, climbing, and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment;
(c) Abrasion, entanglement, lacerations, bruising, dislocation, and other injuries resulting from activities on or near stands, racks, weight bars, pull up bars, walls, ropes, cargo nets, medicine balls, and plyo boxes;
(d) Injuries resulting from falling persons or objects such as weights, dumbbells, bars, medicine balls, ropes or by any objects dropped by other persons conducting the Athletic Activities or assisting others; and
(e) Failure of the equipment, racks, stands, bars, attachments, anchors, ropes and harnesses.
The Participant (including child/ren) is aware of the Risk Warning and Disclaimer document set out in Schedule 2 to this agreement.

6. Waiver, Release, Discharge and Indemnity The Participant has read the general and specific risk warnings for Activity. The Participant hereby acknowledges and agrees to the following:
(a) Athletic Activity requires a moderate to high degree of effort, designed to be tug intensity and are intended to challenge the cardiovascular endurance, stamina, strength, flexibility, speed, power, coordination, agility, balance, and accuracy;
(b) The Participant has represented the Participant's (including child/ren) level of fitness, health, nutrition, use of medication, medical history, and current physical, mental, and medical condition to GLC;
(c) That although GLC takes steps to reduce the risks and increase the safety of all Athletic Activity, it is not possible for GLC to make Athletic Activity completely safe;
(d) That the Participant is personally responsible for the Participant's (including child/ren) preparation prior to Athletic Activity and for the Participant's (including child/ren) post activity rest and recovery;
(e) That the Participant (including child/ren) will learn and obey the rules and regulations of GLC, and that will follow instructions and directions of GLC during the Athletic Activities;
The Participant further acknowledges and agrees to the following:
(f) To waive any and all claims that the Participant has or may have in the future, including on behalf of any child/ren, against GLC;
(g) To release GLC from any and all liability for any loss, damage, expense or injury, including death, that the Participant (including child/ren) may suffer or that Participant (including child/ren) next of kin may suffer as a result of his/her participation in climbing and transportation activity, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, or breach of any relevant consumer guarantee/s pursuant to Australian Consumer Law, or on the part of GLC, and including the failure on the part of GLC to safeguard or protect the Participant (including child/ren) from the risks, dangers and hazards of Athletic Activity;
(h) To hold harmless and indemnify GLC from any and all liability for any property damage or personal injury to any third party resulting from the Participant's (including child/ren) participation in Athletic Activity;
(i) To hold harmless and indemnify GLC from any and all liability for any costs they may incur for medical costs, emergency transportation, and litigation resulting from the Participant (including child/ren)'s participation in Athletic Activity;
(j) That the Participant (including child/ren) may stop participating at any time and that the Participant (including child/ren) may be directed to stop by GLC should the Participant (including child/ren) display noticeable signs of distress;
(k) That the Participant (including child/ren) consents to receive first aid and medical treatment by GLC in the event of an accident, injury or illness during Athletic Activity; and
(I) That GLC may videotape, audiotape, or photograph the Participant (including child/ren) for instructional and promotional purposes without remuneration of any kind to the Participant and without further notice to the Participant or permission from the Participant.

SCHEDULE 1
Fees, payment terms and invoices will be emailed to the primary email address provided by the participant.

SCHEDULE 2

RISK WARNING AND DISCLAIMER
General Risk Warning
Using GLC facilities, participating in or watching GLC activities are subject to risks. These include death, serious injury or illness due to:
- Slipping or falling, either roped or unroped, while jumping, skipping, running, walking, lifting, climbing, and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment;
- Activities on or near objects such as stands, racks, weight bars, pull up bars, walls, ropes, cargo nets, medicine balls, and plyo boxes;
- Falling persons or objects such as weights, dumbbells, bars, medicine balls, ropes or by any objects dropped by other persons conducting activities or assisting others;
- Failure of the equipment, racks, stands, bars, attachments, anchors, ropes and harnesses; and
- Damage to, or loss of, your personal property.

DALEXJ Pty Ltd, trading as Great Lakes Cheerleading

Membership and tuition fees are due at enrolment

Recreational classes are a termly commitment

Competitive program is an annual commitment as outlined in the GLC Competitive Information Packet.

Make Up Classes: We do not allow make up classes at GLC. Many of our classes are full and It is important we keep a safe coach to student ratio. We want to ensure all athletes get individual attention.

Please note all students will be asked to sit in the cafe at the end of their class until a parent or guardian enters the Beach House to collect them. If you wish for your athlete to meet you in the carpark/front gate or any other arrangements you need to complete the consent to leave form. By signing the consent to leave form you are agreeing for your child to be let go at the end of their class. Once an Athlete leaves the Beach House it is no longer our responsibility.

Consent to Leave Form:

https://forms.gle/kjbMwEMZvnVusFxj8

Privacy Policy

Great Lakes Cheerleading is committed to protecting the personal information entrusted to it. We endorse the Australian Privacy Principles contained in the Privacy Act 1988 and support the role that the Australian Privacy Commissioner within the Australian Human Rights Commission plays.
The purpose of this privacy policy is to:

-give individuals a better and more complete understanding of the sort of personal information that GLC holds, and the way we handle that information

-clearly communicate the personal information handling practices of GLC, and

-enhance the transparency of GLC’s operations.

Personal information is information about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not; and whether the
information or opinion is recorded in a material form or not.

Queries Complaints Access and Correction: You have a right to request access to your personal information held by us and to request its correction. If you wish do to do so please see our contact details.

If you wish to make a formal complaint, please provide your complaint in writing to our listed address of unit 2/ 3 Boona Street Forster NSW 2428. We will consider your complaint promptly and contact you to seek to resolve the matter.

If we have not responded to you within a reasonable time, you are entitled under the Privacy Act to make a complaint to the Australian Privacy Commissioner within the Australian Human Rights Commission.

Queries, complaints, requests for access to or correction of personal information can be sent to hello@greatlakescheerleading.com.au
Or by mail or phone to

Great Lakes Cheerleading unit 1/ 3 Boona Street Forster NSW 2428
Phone: 0417889837

Customers: GLC respects the rights of individuals to determine to whom they give their personal information and how their information is used. Our customer’s privacy is very important to us and we will value the trust you place in us in giving us your personal information. We take this responsibility seriously and we are committed to safeguarding your information and using it for the purposes for which you have entrusted it to us.

What Information we collect: We collect a range of information from our customers that is directly related to the products and services you choose. Where we wish to use the information for other purposes we will seek your agreement beforehand. The kind of personal information we collect can include: name, contact details, location, demographic information like gender, age, relationship
status and so on, products you are interested in, previous experience.

How We Collect Information: As much as possible we collect information directly from our customers.

We do this in a number of ways, including when you:

-provide us with personal information over the phone or through personal mobile computing devices, like smart phones and tablets;

-fill out application forms; or

-submit your personal details through our website.

We also collect solicited personal information indirectly, through publicly available sources, or through social media sites, like Facebook, Twitter, Google and others, who disclose to their users that the users’ personal information is provided to businesses like GLC. We may also collect or have access to personal information through our related companies such as CheerCon and DALEXJ Pty Ltd, We do this where:

-the customer has consented to such collection or would reasonably expect us to collect their personal information in this way, or

-if it is necessary for a specific purpose such as the investigation of a privacy complaint

We usually only retain unsolicited information about our customers when dealing with a customer enquiry or complaint or where we conduct an investigation. For example, your image may be present on CCTV footage that also records an injury of another customer.

Using Personal Information: We use personal information to better understand our customers’ interests and needs, tailor classes, to complete necessary daily tasks and to enrol athletes into competitions
We use personal information in the following ways:

-Provide, deliver, source, administer, improve and personalise our products and services;

-Process payments and provide refunds and discounts;

-Provide more relevant marketing offers through direct marketing, database compilation,
market research, data analysis and segmentation, and the processing or creation of other
marketing information;

-Combine or compile with publicly available information for the processing or creation of
marketing offers and information;

-Personalising our customers experience, including, where appropriate, identifying
individuals;

-Communicating with our customers, including responding to queries and complaints;

-Fraud prevention, including services regarding the protection of our customers’ information,
eg. credit card information;

-Develop and expand our operations to better suit our customers’ needs, such as planning
for future locations and classes;

-Maintaining and keeping our customers information current and as accurate as possible;

-Enrol customers into necessary competitions; and

-Insurer athletes through a third party insurer.

Disclosure: We do not disclose personal information to third parties unless we are permitted to do so by law or you have given us your consent to do so. Third parties we may disclose personal information to include:

-Our related companies

-Our service providers including IT service providers, advertising and marketing service
providers, mail houses and third party fulfilment contractors; and

-Our professional advisors including our accountants, bookkeepers, auditors and lawyers;

-Payment system operators and financial institutions; and

-Government agencies.

Some of our service providers provide services to us entirely or partly from overseas locations and we may in order to receive those services occasionally transfer personal information overseas, predominantly to the United States of America and the Asia Pacific Region, including where:

-we use service providers, cloud computing solutions or data storage located overseas;
-we need to comply with foreign legal or regulatory requirements; or
-an international payment has been made.

Data security: We take active steps to protect the personal information we hold against loss, unauthorised access or use, modification or disclosure, and against other misuse. This includes any information that we disclose overseas.

Where data is held overseas, we require third parties to store such data in restricted access premises and provide appropriate protection against unauthorised disclosure. As a minimum security requirement, password authentication is required to access those databases in all cases. We also use fire walls, SSL technology and encryption for transmission of data where appropriate.

When the personal information that we collect is no longer required, we destroy, delete, store or de-identify it in a secure manner.

Cookies: When you interact with us on the internet, our system automatically sends you a ‘cookie’. A cookie is a small amount of information sent from a web server to your computer, electronic tablet or smart phone that enables your device to be recognised. It is used to handle your internet sessions on that device and contains a unique identifier.

Other information stored by the cookie includes website traffic data. This data is not used to identify individual details. We only collate the data into anonymous results in order to evaluate and improve our internet and service for our customers.

Email and SMS Subscription Lists: We currently have electronic email lists and subscriptions. If you wish to be removed from such list please reply with an ‘opt-out’ request. Our email lists are ‘opt-in’ only when you fill in a form for us or request to join via email. Other methods of being subscribed to our email list may include sending online information containing your email address.

Spam: We will never knowingly send you electronic messages without your consent. For more information on the Spam Act 2003, please
visit https://www.legislation.gov.au/Details/C2016C00614

Your Privacy choices: Where feasible, you can interact with GLC anonymously or using a pseudonym. This will mean that most products and services that you will not be able to enjoy.

You can access the personal information that we hold about you and you can ask us to correct the personal information we hold about you.

Employees: GLC collects personal information from current, future and past employees directly and from third parties who have agreed to provide human resources related services to GLC. We may collect sensitive information such as information about your health where necessary. GLC uses this personal information to provide employment related services like Employee Assistance Programs, Professional Development and Coaching, Remuneration & Payroll, Injury Support, Redeployment Services, Fraud Prevention and Debt Collection through a third party delivery model. Third parties are engaged to provide some of these services and in doing so are all contractually obliged to comply with the Privacy Act.

What information we collect and how we use it: If you send us an application or a resume for a job, we will use your personal information (including, where necessary, sensitive information such as information relating to your health) to assess your application and may disclose this information to recruitment agencies and other third party service providers for purposes such as aptitude, psychological and medical testing.

GLC uses the feedback and results from such third party services in making current and future employment decisions.

GLC will use information you provide regarding your prior employment history to seek further information about you from referees.

GLC uses recruitment related information for:

-Communicating with employment candidates, including responding to queries and complaints;
-Undertaking market research, data analysis and segmentation of the job market, candidate profiles and recruitment outcomes.

Users may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or they may opt out of your use of Analytics by visiting the Google Analytics Opt-out page

Suppliers: GLC collects information from its suppliers in relation to sourcing and purchase of its products and provision of services to GLC or its customers. This information is collected for business related purposes but does contain some limited personal information related to the name and contact details of the people that it deals with at its suppliers and service providers. The information will usually be collected directly from the supplier but may also be provided by third party sourcing agencies or business contacts.

Where the supplier provides products for GLC, this information may be shared with GLC’s related entities. GLC and its related entities will hold this information securely and will only disclose it for business related purposes.

The information is used for activities such as

-Sourcing and acquiring products for GLC;
-Product innovation and quality control;
-Communicating with Suppliers;

All payments, including deposits are non-refundable. Refunds for change of mind or missed lessons due to sickness, holidays or injuries are not permitted.

General Beach House Rules

-Just like our beautiful town, please leave The Beach House cleaner than you found it.

-The car park and grass area out side of The Beach House is not a playground. We ask that you help keep our athletes safe.

-The Beach House Cafe is always open. Ask a staff member or coach and we will be happy to help you!

-Bring water! We sell water for $2 at TBH Cafe.

-No food or drinks allowed in the gym. The only exception is INSIDE the YELLOW and BLUE party rooms.

-The Beach House is all about fun and making memories!!



Great Lakes Cheerleading Rules

-Parents should enter The Beach House to pick up and drop off their athletes. GLC is not responsible for your athlete outside of their registered class times. Please note it does get quite dark outside of The Beach House at night.

-When you arrive at The Beach House please check in with our receptionist!

-GLC athletes should wait in TBH Cafe until their coach calls them for their class.

-For safety, only athletes are allowed in the gym during GLC hours (M-TH 3pm-8pm). Parents/families can watch from the TV in The Beach House Cafe. (excluding going to the toilet)

-After class athletes will be asked to sit in TBH Cafe till their parent/ guardian arrives.

-No jewellery is allowed during GLC classes or training including watches.

-Toilets are available for everyone inside of the main gym. Please let reception know you will be using the toile!

The Hangout Forster Risk Warning and Acknowledgement.

Participation at The Hangout Forster including but not limited to trampolining, jumping, flipping, soft play and rides (‘the Recreational Activities’) supplied by DalexJ Pty Ltd (‘the Service Provider’) involves risks, including the rick of personal injury and death.
Particular risks include:
Twists, sprains, Broken Bones & or physical injury;
Spinal Injury;
Paralysis;
Death;

Before you participate in the Recreational Activities, you should ensure that you are aware of, and properly understand, all of the risks involved in the Recreational Activities, and that those risks will include any particular risks associated with any health condition from which you suffer.

By signing this document, you acknowledge, agree and understand that your participation in the Recreational Activities provided by the Service Provider may include the;
Risks generally; and
Particular risks described above.

By signing this document, you acknowledge, agree and understand that you engage or participate in the Recreational Activities voluntarily and at your own risk.
By signing this document, you also acknowledge, agree, and understand the the risk warning above constitutes a ‘risk warning’ for the purposes of the relevant legislation, including for the purposes of:
Section 5M of the Civil Liability Act 2002 (NSW);
and/or
Section 5I of the Civil Liability Act 2002 (WA).

Waiver and Release

Section 139A of Competition and Consumer Act, 2010 (Clth) permits the Service Provider of the Recreational Activities and associated services to ask you to agree that the statutory guarantees under the Australian Consumer Law (Clth) do not apply to you (or a person for whom or on whose behalf you are acquiring the services).

By signing this document, you acknowledge, agree and understand that, to the full extent permitted by law (including by section 5J of the Civil Liability Act 2002 (WA), section 5N of the Civil Liability Act 2002 (NSW) and section 139A of the Competition and Consumer Act 2010 (Clth);
Your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the Services Provider, its servant and agents; in relation to the Recreational Activities if the Recreational Activities or associated services were not provided to you in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded, restricted or modified as set out below; and
You (or the person for whom or on whose behalf you are acquiring the services) release the Service Provider, its servant and agents, from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill.

By signing the document, you acknowledge, agree and understand that, to the full extent permitted by law, the liability of the Service Provider in relation to recreational services (as that term is defined in the Australian Consumer Law (Cith) and any similar state laws) and recreational activities (as that term is defined in the Civil Liability Act 2002 (NSW) and/or in the Civil Liability Act 2002(WA)) for any;
Death;
Physical or mental injury (including the aggravation, acceleration or recurrence of such and injury);
The contraction, aggravation or acceleration of a disease
The coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs:
That is or may be harmful or disadvantageous to you or the community;
That may result in harm or disadvantage to you or the community; that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities is excluded.

By signing this, to the full extent permitted by law, you (or the person for whom or on whose behalf you are acquiring the services) agree to waive and/or release the Service Provider, its servants and agents, from any claim, right or cause of action which you or your heirs, successors, executors, administrators, agents and assigns might otherwise have against the Service Provider, its servant and agents, for or arising out of your death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever which you may suffer or sustain in the course of or consequential upon or incidental to your participation in the negligence of the Service Provider, its servant and agents, or otherwise.

By signing this document, you acknowledge, agree and understand that:
The Service Provider will permit you to participate in the Recreational Activities, and provide you with the associated services, in part in consideration of you signing this document;
The Service Provider may rely on this document in any proceedings commenced in any Court by me or by my heirs, executors, and assigns;c. The law of New South Wales governs this document.

You do not have to agree to exclude, restrict or modify or waive your rights against, or release, the Service Provider, its servants and agents, from any claims by signing this document, however the Service Provider may refuse to allow you to participate in the Recreational Activities, or to provide you with the associated services,if you do not agree to exclude, restrict, modify or waive your rights against, or release, the Service Provider, its servants and agent, by signing this document. Even if you sign this document, you may still have further legal rights.

By signing the document you agree that the waivers and releases contained in this document apply for every visit you make to the Service Provider until such time as you withdraw or modify your consent in writing or the Service Provider modifies your consent in writing or the Service Provider modifies these terms with your consent by signing a new documtnt. You will not be required to sign future waivers on the understanding that this waiver document shall apply to all your future participation in the Recreational Activities.

General Conditions of Entry

You must abide by the instructions of the Service Provider’s staff at the times or you may be removed from the premises and refused entry in the future. This is to ensure safety and equipment for all participants engaged in the Recreational Activities. Your entry into the premises of the Service Provider is on strict condition that you comply with the safety and other general instructions given by the Service Provider’s staff. You will not be given a refund for any unused time should you be removed from the premises.

On occasion, promotional video or photographs may be used by the Service Provider which may include your image whilst being engaged in Recreational Activities. By signing this document you consent to this use unless you specifically request in writing that your image may not be used for this purpose.

You acknowledge that security video is used on the public areas of premises of the Service Provider and consent to this use for security and safety.