RISK WARNING & WAIVER OF LIABILITY
Name of Provider: Flex Cheer Pty Ltd Trading as Flex GC
Address of Provider: 1/9 Villiers Drive, Currumbin Waters, QLD, 4223
NOTICE:
The following pages affect your legal rights and obligations. Please read these carefully and only sign if you fully understand their contents.
For participants under 18 years of age, these documents must be completed by a parent or legal guardian.
Description of activities: Gymnastics, Cheerleading, Tumbling, Bounce, Silks, Workshops
Risk Warning
I am aware that by my participation in any activities arranged by the Provider, certain risks or dangers may occur which could include:
• Physical, bodily or psychological injury or death
• Physical exertion to which I am not accustomed
• Failure of equipment or use of inadequate equipment
• I may cause injury to other persons and/or other persons may cause injury to me
• I may be injured or die due to the negligence, breach of contract or breach of statutory duty or guarantee of the Provider.
I acknowledge that the activities are being undertaken for the purposes of recreation, enjoyment or leisure and involve a significant degree of risk or physical harm.
I acknowledge that the Activity may be undertaken with one or more persons as part of a group and that the Provider is not liable for the actions of other participants in the group activity.
I acknowledge, agree and understand that the risks associated with the Activities and/or recreational services have been explained to me and I undertake any such risk voluntarily and at my own risk.
Participant’s Warranties
I agree to abide by the Provider’s rules, and any direction or instruction given to me by the Provider during the course of the Activities. I agree to use and/or wear any equipment given to me by the Provider.
I declare that I am medically and physically fit and able to participate in the Activities. I acknowledge that I must, and agree I will, disclose any pre-existing medical or other condition, injury or concern that may affect the risk that either I or any other person will suffer injury, loss or damage during the course of the Activities and notify the Provider of any injuries, illness or concerns that may arise during the Activity. I will not engage in any reckless, negligent or foolish behaviour that is likely to cause injury to me or any other participant or person.
I agree that if I suffer any injury or illness, the Provider may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.
Exclusion of liability & Waiver
In consideration of being allowed to participate in any way in the Activity, related events and activities, the undersigned acknowledges, appreciates, and agrees that the risks or dangers involved with this Activity is significant.
While particular rules, equipment, and personal discipline may reduce this risk, certain significant risks or dangers exist. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS AND DANGERS, both known and unknown, and assume full responsibility for my participation; and,
I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, agree to and unconditionally release, waive, discharge and forever hold harmless the Provider or any of its employees, agents, directors or officers, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the Activity, from any claims as a result of any personal injury sustained, whether caused by the Provider’s negligent act or wilful act or omission, breach of contract, breach of statutory duty, error or otherwise in connection with or arising out of the Activity, to the fullest extent permitted by the law.
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, agree that the Provider will not be liable for any claims for personal injury, disability, death or damage to person or property that may be brought against it as a result of or in connection with any act, omission, default, failure or error on the part of the Provider and agree to indemnify and keep indemnified the Provider in respect of any such claims.
It is possible for a supplier of recreational services to ask you to agree hat the statutory guarantees under the Australian Consumer Law (Schedule 2 Competition and Consumer Act 2010 (Cth)) do not apply to you. By signing this form you agree that your rights to sue the Provider in relation to the Provider’s services or activities you undertake because the services or activities provided were not in accordance with the guarantees are excluded.
Declaration and signature
I have read and understood the above waiver and release of liability, and I understand that by signing this waiver and release of liability, I am giving up substantial rights, including my right to sue. I sign it freely and voluntarily without inducement of any kind.
If the person signing is under the age of consent, then this release must be signed by a parent or guardian, as follows: I hereby certify that I am the parent or guardian of named above, and do hereby give my consent without reservation to the foregoing on behalf of all individuals listed on this account.