Liability Waiver
By signing below, or by ticking yes or otherwise acknowledging this document on agreeing to receive services, the Customer acknowledges and agrees to the following terms in relation to their own participation, and any minor Participant for whom they are responsible, in our dance-related activities.
(a) This waiver applies to all dance-related classes, coaching sessions, workshops, rehearsals, intensives, private lessons and programs we offer, whether delivered in person at our studios or other venues, live online (for example via video conferencing), or through pre-recorded video or other digital content (Dance Activities).
(b) This waiver forms a binding waiver between the Customer and DANCE PRESCRIPTION PTY LTD ABN 90677525129 (referred to in this waiver as we, us or our) (Waiver) and is entered into in consideration of the Customer's purchase, booking or participation in the Dance Activities for themselves or on behalf of a minor.
(c) This waiver constitutes a risk warning and assumption of risk under applicable civil liability legislation.
(d) For the purpose of this Waiver, a Participant is any person participating in any Dance Activity.
(e) Our Dance Activities are physical activities and the Customer acknowledges and agrees that all participation involves inherent risks, including accidents, illness, physical injury (which may be serious or disabling), death or property damage. Without limiting this acknowledgement, these risks may include impact injuries, injuries from equipment or studio fixtures, contact or collision with other participants, slips, trips and falls, muscle and ligament strains or tears, bruising, aggravation of pre-existing injuries or conditions, broken or fractured bones, the effects of weather (for any outdoor activities) and loss of the Customer's or Participant's personal property.
(f) Where Dance Activities are undertaken outside our premises (for example at home or another venue chosen by the Customer), the Customer is solely responsible for ensuring that the environment is suitable, safe and free from hazards (including sufficient clear space, appropriate flooring and removal of obstacles or furniture that could cause injury), and for supervising any minor Participants.
(g) Because physical exercise can be strenuous and subject the Customer and Participants to risk of serious injury, we highly recommend that the Customer ensures all Participants consult a medical or allied health professional before participating in any Dance Activities, particularly if they have any pre-existing injuries, medical conditions, are pregnant or have recently undergone surgery.
(h) All information and advice provided by us, including during the Dance Activities, on our website, via email, online portals, pre-recorded content or over the phone, is general in nature and is not professional advice, medical diagnosis or treatment. The Customer must seek independent medical advice when assessing their own and any Participant's capability to participate in a Dance Activity and must not rely on our information as a substitute for professional advice.
(i) If at any time during a Dance Activity a Participant feels discomfort, pain, strain, dizziness, dehydration or otherwise unwell, the Participant must stop, rest and seek appropriate medical advice. For in-person or live online Dance Activities, the Participant must promptly inform a teacher, coach or representative of any such symptoms.
(j) The Customer will ensure that no Participant participates in any Dance Activity at any time while under the influence of alcohol, illicit substances or any medicines that could impair the Participant's cognition, balance, judgement or coordination.
(k) The Customer warrants that they will ensure that each Participant either: (i) has no known medical, physical or mental health condition that may be aggravated by, or make it unsafe to participate in, the Dance Activities; or (ii) if such conditions exist, the Participant participates entirely at their own risk, with appropriate medical clearance and any necessary modifications or restrictions.
(l) The Customer warrants and represents that they, and where applicable each Participant's parent or legal guardian, have read and understood this Waiver and any terms and conditions notified by us (whether on our website, via email or otherwise) prior to participating in any Dance Activities, and will ensure that each Participant follows all safety instructions and behaves safely and respectfully at all times.
(m) The the maximum extent permitted by law, the Customer releases us and our directors, officers, employees, contractors, volunteers, agents and any other persons involved in the organisation or delivery of the Dance Activities (Releasees) from any claim, demand, liability, loss, damage, cost or expense suffered by the Customer or any Participant in connection with the Dance Activities, except to the extent caused or contributed to by the negligence, unlawful act or wilful misconduct of a Releasee.
(n) The Customer agrees to indemnify each Releasee in relation to any claim, demand or proceeding brought by or on behalf of a Participant or third party in connection with the Participant's participation in the Dance Activities, to the extent that the claim, demand or proceeding is caused or contributed to by: (i) the act or omission of the Customer or Participant; or (ii) the Customer's or Participant's failure to comply with this Waiver or our terms and conditions, except to the extent that the claim, demand or proceeding is caused or contributed to by the negligence, unlawful act or wilful misconduct of a Releasee.
(o) The the maximum extent permitted by law: (i) we are not liable for any indirect, special or consequential loss or damage (including loss of income, loss of opportunity or loss of enjoyment) arising out of or in connection with the Dance Activities; and (ii) our total aggregate liability to the Customer and any Participant for all other loss or damage arising out of or in connection with the Dance Activities is limited to the total fees paid by the Customer to us for the relevant booking or enrolment giving rise to the claim.[SL2]
(p) Nothing in this Waiver is intended to exclude, restrict or modify any rights, guarantees or remedies the Customer or a Participant may have under the Competition and Consumer Act 2010 (Cth) or any other applicable consumer protection law that cannot lawfully be excluded.
(q) If any part of this Waiver is held by a court to be invalid, illegal or unenforceable, that part will be severed and the remainder of this Waiver will continue in full force and effect.
(r) This Waiver is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from those courts.
Photography and social media:
As part of this workshop, media including images and videos of the students will be taken. We are often dazzled by the talent of the students in front of us and love to share this to help inspire and educate other dancers worldwide. This consent form will enable the DANCE PRESCRIPTION team (including Jorja McKee and other staff members) to spread footage of an exceptional feat via social media. DANCE PRESCRIPTION staff always aim to publish images of students that are flattering and showcase their abilities.
Note: It is recommended you have access to your child’s social media site or run their account in order to ensure their social media safety. If you have any questions about the risks of social media, please email info@dance-prescription.com.
It is a condition of participation in this workshop that this consent is given. Should you not wish to consent, we cannot guarantee that a photograph or moving image will not contain the likeness of your child therefore it is safest if your child does not participate where consent is not given. Photographs and videos of the dancers WILL be taken during the workshop both by Jorja McKee (Coach Horha), her media team and professional photographers.
PLEASE READ BELOW AND ACCEPT ACCORDINGLY.
We, the undersigned, hereby give permission for the child in our care (as registered for this workshop) to be used in any still and/or moving image being video footage, photographs and/or frames and/or audio footage taken by DANCE PRESCRIPTION contractors or employees during DANCE PRESCRIPTION Workshops. We also give permission for any member of the DANCE PRESCRIPTION team to use any of the aforementioned still or moving images for any of the following uses:
- Advertisements, marketing, leaflets or any other use such as for training, educational or publicity purposes.
- Publishing in printed or electronic publications, web sites or social media sites such as Instagram, Tiktok and Facebook.
I further agree that my child’s name and identity may be revealed in descriptive text or commentary in connection with these images. I authorise the use of these images without compensation to me. All negatives, prints and digital copies will remain the property of DANCE PRESCRIPTION. The above consents will apply throughout the world and be for an indefinite period.