Participation Waiver
North West Gymnastics Participation Waiver.
By participating in classes you agree to the following terms:
- Participation in the activities offered by North West Gymnastics and other providers within our venue at 13-15 Flower Street Mount Isa (‘the Recreational Activities’) supplied by North West Gymnastics or others (‘Service Provider’) involves significant risks, including the risk of personal injury and death. Particular risks include, but are not limited to sprains, strains, broken bones, permanent paralysis or 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 or pre-existing disability from which you suffer.
- By agreeing to these terms or by participating in classes, you acknowledge, agree and understand that you engage or participate in the Recreational Activities voluntarily and at your own risk in full knowledge of the Risks generally and Particular risks described above.
- By agreeing to these terms or by your dependants participating in classes, as a parent, guardian or responsible person performing parenting responsibilities, you acknowledge and agree that you have explained to the participant that the Recreational Activities provided by the Service Provider may involve risks generally; and the Particular risks described above.
- By agreeing to these terms or by participating in classes, you also acknowledge, agree and understand that the risk warning above constitutes a formal ‘risk warning’ for the purposes of the relevant legislation, including for the purpose of Section 13 – 19 of the Civil Liability Act 2003 (QLD).
- Section 139A of Competition and Consumer Act, 2010 (Cth) 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(Cth) do not apply to you (or a person for whom or on whose behalf you are acquiring the services to engage in the Recreational Activities).
- By agreeing to these terms or by participating in classes, you acknowledge, agree and understand that, to the full extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth)):
7.1. Your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the Service 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
7.2. 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 agreeing to these terms or by participating in classes, you acknowledge, agree and understand that, to the full extent permitted by law, the liability of the Service Provider in relation to recreational services and activities (as that term is defined in the Australian Consumer Law (Cth) and any similar state laws) for any:
8.1. death;
8.2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
8.3. the contraction, aggravation or acceleration of a disease;
8.4. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
(i) that is or may be harmful or disadvantageous to you or the community;
(ii) that may result in harm or disadvantage to you or the community;
(iii) 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 agreeing to these terms or by participating in classes, 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 Recreational Activities, whether caused by the negligence of the Service Provider, its servant and agents, or otherwise.
- By agreeing to these terms or by participating in classes, you acknowledge, agree and understand that:
10.1. 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 participating in classes
10.2. The Service Provider may rely on this document in any proceedings commenced in any Court by me or by my heirs, executors and assigns;
10.3. The laws of Queensland govern 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 accepting these terms, 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 agents, by accepting these terms. Even if you accept the terms outlined, you may still have further legal rights. Should you not agree to these these terms you must notify North West Gymnastics in writing prior to participation in the Recreational Activities.
- By agreeing to these terms or by participating in classes and whether your use of the facility and it’s services is determined and paid on an annual, monthly, term program, weekly or casual basis 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.
- I give permission for my child to receive medical/ambulance assistance in case of injury or emergency and agree to pay such costs incurred.
- I have read and understood the Club Handbook and Policies and agree to the rules, terms and conditions stated therein.
You can find information on Our Classes here, including our Timetable and Calendar and Club Handbook.
For enrolments and class bookings please see our Parent Portal.
Birthday Parties can be requested via our Website
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