Risk warning & acknowledgement Waiver
At Spirit Cheer & Dance we take athlete safety very seriously and take every precaution we can, however all physical activity does include an element of risk.
Please take the time to read through this waiver.
1. Participation at Spirit Cheer & Dance includes (but is not limited to) the following recreational activities: cheerleading lessons, stunting, tumbling, jumps, dancing, trampolining, general exercise, competition events and involves risks, including:
- Injuries to bones, joints, muscles & tendons etc.;
- neck & spinal injury;
- paralysis; and/or
- death (however extremely unlikely).
2. Before participating in the Recreational Activities as listed above, you must ensure you are aware of, and properly understand, all of the above risks involved in the Recreational Activities.
3. By agreeing to this document:
- you acknowledge, agree and understand that your participation in the Recreational Activities provided by Spirit Cheer & Dance will involve the above risks; and
- acknowledge, agree and understand that you engage or participate in the Recreational Activities voluntarily and at your own risk.
Waiver & Release
4. Section 139A of the Competition and Consumer Act, 2010 (C’th) permits Spirit Cheer & Dance as a service provider of Recreational Activities to ask you to agree that the statutory guarantees under the Australian Consumer Law (C’th) do not apply to you, or a person for whom or on whose behalf you are acquiring such services.
5. By signing this agreement, you agree on your behalf (and for any person for whom or on whose behalf you are requiring the Recreational Activities): to the terms of the release in clause 4 above and to the full extent permitted by law, the liability of Spirit Cheer & Dance for any of the following is excluded:
- physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
- the contraction, aggravation or acceleration of a disease; and/or
- the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, the currents, activity, form of behaviour, course of conduct or state of affairs; and
- to waive, release and discharge Spirit Cheer & Dance (its servants and agents) for any claim, right or cause of action which may arise from participating in the Recreational Activities, whether caused by the negligence of Spirit Cheer & Dance, its servants and agents or otherwise; and
to indemnify Spirit Cheer & Dance (its servants & agents) against any claims arising from participating in the Recreational Activities.
- death; although highly unlikely
IMPORTANT: The change to your legal rights set out in this document do not apply if death or injury is due to gross negligence by Spirit Cheer & Dance. Also see section 23(3)(b) & regulation 5 & of the Australian Consumer Law & Fair Trading Act & Regulations 2012.
You do not have to agree to exclude, restrict or modify or waive any of your rights against Spirit Cheer & Dance but Spirit Cheer & Dance may refuse to allow you to participate in the Recreational Activities.
Other Conditions of Participation
6. Participants must:
- be at least 5 year old;
- if less than 14 years, agree to act under the supervision of a staff member at all times;
- be in good health and free from any adverse medical conditions, but Spirit Cheer & Dance asks that pregnant women, participants with pre-existing health issues or wearing “casts” do not participate in any Recreational Activities; and - seek medical advice if you have any health/medical concerns before undertaking Recreational Activities.
7. All Participants in Recreational Activities consent to images and video being taken for security and/or promotional purposes for competitions. (out side of training)
8. If you enter any premises operated by Spirit Cheer & Dance or book a session with Spirit Cheer & Dance on behalf of another person, you agree to do so is an authorised agent of that person will be bound by these conditions.
9. I, the Participant, or on behalf of participant involved with the recreational activity; acknowledge and agree that this risk warning and acknowledgement waiver form shall be governed by the laws of the State of Tasmania and in the event of any action arising out of or in connection with my participation in the Recreational Activities, any liability on the part of the Supplier shall be extinguished if not commenced within one (1) year of the date that the Recreational Activities were provided.
Sufficient Opportunity to Read and Understand This Document
10. I acknowledge that Spirit Cheer & Dance has given me sufficient opportunity to read and understand this agreement and to seek legal advice on any areas of concern. If I choose not to obtain any legal advice, I confirm that I have voluntarily & freely waived my right to do so and agree to be bound by all the provisions of this agreement.
11. I, the Participant, acknowledge that I have read, understood and accept the Risk Warning and Acknowledgment form and that I am electronically executing this document by selecting the check box on the form(s) provided.