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5678justdance

PARTICIPATION WAIVER, RELEASE OF LIABILITY & INDEMNITY AGREEMENT

5678 JUST DANCE

PARTICIPATION WAIVER, RELEASE OF LIABILITY & INDEMNITY AGREEMENT

Vacation Camp & Dance Activities

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IMPORTANT: THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY BEFORE SIGNING.

 

1. Parties

This Agreement is entered into between 5678 Just Dance ABN [INSERT ABN] ('5678 Just Dance') and the undersigned participant or, where the participant is under 18 years of age, their parent or legal guardian ('the Signatory').

By signing this Agreement, the Signatory agrees on their own behalf and, where applicable, on behalf of the student named below.

 

2. Activities Covered

This Agreement covers all activities offered by 5678 Just Dance, including but not limited to: dance, acrobatics, drama, singing, yoga, and any other physical or creative activities conducted at the vacation camp, sports centre, or any other venue used by 5678 Just Dance ('the Activities').

 

3. Assumption of Risk

The Signatory acknowledges and agrees that:

  • Participation in the Activities involves inherent risks of physical injury, including but not limited to sprains, strains, fractures, and other injuries that may result from physical exertion, contact with other participants, or the use of equipment and facilities.

  • These risks exist even when activities are conducted safely and with proper supervision.

  • The Signatory has made independent enquiries and is satisfied that the student is physically capable of safely participating in the Activities.

  • The Signatory voluntarily accepts and assumes all risks of injury, loss, or damage arising from participation in the Activities, to the fullest extent permitted by law.

 

4. Waiver and Release of Liability

To the fullest extent permitted by applicable law — including the Civil Liability Act (NSW) 2002 (or equivalent legislation in the relevant state or territory) — the Signatory:

  • Releases and discharges 5678 Just Dance, its directors, officers, employees, contractors, volunteers, and agents ('Released Parties') from any and all claims, actions, damages, costs, or demands arising from personal injury, death, or property loss sustained during or in connection with the Activities.

  • Agrees that this release applies to claims arising from the negligence of the Released Parties, except where such negligence constitutes gross negligence or intentional wrongdoing, or where liability cannot be excluded under the Australian Consumer Law or any other applicable statute.

  • Waives any right to bring proceedings against the Released Parties in respect of any such claims.

Note: Certain consumer guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) cannot be excluded. Where liability cannot be excluded, it is limited, to the extent permitted by law, to the re-supply of the services or the cost of having the services supplied again.

 

5. Indemnity

The Signatory agrees to indemnify and hold harmless the Released Parties from and against any loss, liability, claim, damage, cost, or expense (including reasonable legal costs) arising from or in connection with:

  • The student's participation in the Activities.

  • Any breach by the Signatory or student of this Agreement or any 5678 Just Dance policies.

  • Any damage caused by the Signatory or student to the venue, equipment, or property of 5678 Just Dance.

 

6. Participation by Minors

Where the student is under 18 years of age:

  • The Signatory warrants that they are the student's parent or legal guardian and have full authority to enter into this Agreement.

  • The Signatory acknowledges that, under Australian law, a parent or guardian may have a limited ability to waive a minor's independent right to claim. The Signatory nevertheless agrees to indemnify 5678 Just Dance against any claim brought by or on behalf of the student, whether now or in the future.

  • The Signatory agrees to the grant of emergency medical authority set out in clause 8 below.

 

7. Health and Fitness Declaration

The Signatory declares that:

  • The student is in good physical health and is safely able to participate in the Activities.

  • 5678 Just Dance has been fully informed of any medical conditions, injuries, illnesses, or physical limitations relevant to the student's participation.

  • No relevant health information has been withheld.

  • The Signatory will promptly notify 5678 Just Dance of any change to the student's health status prior to any class or activity.

  • If the student has been in contact with a contagious illness, 5678 Just Dance will be notified before the student attends any activity, and the student may be required to sit out.

  • If 5678 Just Dance has concerns about a student's health or fitness to participate, it may require a medical clearance before the student returns to class.

 

8. Emergency Medical Authority

In the event of a medical emergency during any Activity, the Signatory authorises 5678 Just Dance to:

  • Call emergency services, including ambulance services, on behalf of the student.

  • Consent to emergency medical treatment where the Signatory cannot be contacted in time.

The Signatory acknowledges that they are solely responsible for all medical expenses incurred, and that 5678 Just Dance bears no financial responsibility for such costs.

 

9. Photography and Filming

The Signatory agrees not to photograph or film any student during classes or Activities without prior written permission from 5678 Just Dance. This obligation applies to all parents, carers, and visitors.

 

10. Conduct

The Signatory agrees that:

  • The student will comply with all reasonable directions from 5678 Just Dance staff and will follow all safety procedures.

  • The student will attend classes in appropriate attire as required by 5678 Just Dance.

  • The Signatory will not engage in, or permit, inappropriate, disrespectful, or aggressive behaviour towards staff, students, or other families. A breach of this clause may result in immediate cancellation of enrolment without refund.

  • Responsible physical contact between the student and teaching staff is a necessary part of dance, acrobatics, drama, singing, and yoga instruction, and the Signatory consents to such contact.

 

11. Governing Law

This Agreement is governed by the laws of New South Wales, Australia (or the relevant state or territory). The parties submit to the exclusive jurisdiction of the courts of that jurisdiction.

 

12. Severability

If any provision of this Agreement is found to be invalid or unenforceable, that provision is to be read down or severed to the extent necessary, and the remaining provisions continue in full force and effect.

 

Acknowledgement

I have read and understood this Agreement. I am signing it freely and voluntarily. I understand that I am giving up substantial legal rights by signing this document.

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5678 Just Dance 

Coogee, NSW, 2034

0415 946 154

jess@5678justdance.com.au

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