Terms and Conditions
CONTRACT & WAIVER FOR GYMNASTIC ACTIVITIES
Please read the information below carefully and then sign and date.
“Activities” means any use of the facilities in any way whatsoever.
“Facility” means all equipment, apparatus and floor space in any location Ninja Stars Gymnastics trains from.
“I” means personally or by his/her parent or guardian.
“Ninja Stars Gymnastics” means Ninja Stars Gymnastics Club and its employees, instructors and volunteers.
- I acknowledge and agree that:
- Ninja Stars Gymnastics excludes all conditions, warranties and terms implied by statute, general law or custom, except any implied conditions or warranty the exclusion of which would contravene any statute or cause this clause to be void (Non-Excludable Condition), and;
- Ninja Stars Gymnastics’ liability for breach of a Non-Excludable Condition is limited to resupply of the services or the payment of the cost of resupplying the services, in respect of which the breach occurred.
- I acknowledge and agree that the Activities which are undertaken are for the purpose of recreation, enjoyment or leisure, involve a significant degree of physical exertion or physical risk, and that Ninja Stars Gymnastics excludes all liability of death or personal injury relating to any participation in such Activity however arising, including without limitation whether caused by the negligence of Ninja Stars Gymnastics in accordance with the Trade Practices Act 1974.
- I release and indemnify Ninja Stars Gymnastics against any claim arising out of this contract in relation to any injury or death from the activity.
- I am aware that the Facilities, in addition to the usual inherent risks, has certain additional dangers of which may include:
- Physical exertion for which I am not prepared.
- The use of gymnastics equipment, which if used incorrectly fails to perform its designed purpose.
- I accept all the inherent risks of the proposed activities and acknowledge that the enjoyment and excitement is in part derived from the inherent risks incurred by participation in an activity where risks are greater than the accepted safety of life at home or at work.
- I have supplied the correct medical information regarding my physical person in order for staff or instructors to involve me in these Activities.
- I have supplied written permission for the instructor to seek Medical Assistance that is deemed necessary in the event of an accident, and agree to pay all medical costs incurred.
- In entering this contract, I am not relying on any oral, written or visual representation or statements by Ninja Star Gymnastics or any other inducement or coercion to participate in the Activities, and do so of my own free will.