Participation Waiver and Liability Agreement

Introduction

This Participation Waiver and Liability Agreement (“Agreement”) outlines the terms and conditions that govern your participation in any and all activities at Wanderlust Pole Studio Pty Ltd (ACN: 636 087 333) (“the Studio”), including, but not limited to, pole dancing, aerial arts, fitness classes, and related activities (“Activities”).

By participating in Activities of the Studio, you agree to the terms of this Agreement, you acknowledge and accept the risks associated with these Activities and agree to release the Studio and its officers, agents, representatives, and employees from any liability to the fullest extent permitted by law.

1. Acknowledgement of Risks

1.1 Inherent Risks of Activities
By enrolling and participating in the Activities offered at Wanderlust Pole Studio Pty Ltd, you acknowledge that pole dancing, aerial arts, and related activities involve inherent risks. These risks include, but are not limited to, physical injury such as sprains, strains, fractures, or even fatal injuries, and mental or emotional distress. You understand and accept these risks.

1.2 Personal Responsibility
You affirm that you are voluntarily participating in the Activities and acknowledge that you are solely responsible for your own health and safety during participation.

2. Assumption of Risk

2.1 Waiver of Liability
You voluntarily assume all risks associated with the Activities. To the fullest extent permitted by law, you agree to waive any claims for liability, including any injury, illness, damage, or loss that may result from your participation. This includes, but is not limited to, claims based on negligence or failure of the Studio or its officers, agents, representatives, or employees to meet specific duties.

2.2 Release of Claims
You release and discharge Wanderlust Pole Studio Pty Ltd, its officers, directors, employees, agents, and representatives from any and all liability for personal injury, illness, death, or property damage that may occur as a result of your participation in the Activities. This includes any damages arising from any negligent act or omission by the Studio, its officers, agents, representatives, or employees.

3. Health and Safety

3.1 Medical Fitness
You affirm that you are physically fit to participate in the Activities and that you have consulted with a medical professional if you have any pre-existing conditions, illnesses, or injuries. If you have a health condition that may affect your participation, including pregnancy, you acknowledge that it is your responsibility to seek medical clearance to participate. The Studio reserves the right to request a medical certificate in such cases.

3.2 Medical Assistance
In case of injury or emergency, you authorize the Studio to seek medical or ambulance assistance at your own expense.

4. Rules and Conduct

4.1 Studio Rules
You agree to adhere to the rules, regulations, and guidelines set out by Wanderlust Pole Studio Pty Ltd, including those related to health, safety, and behaviour. You acknowledge that non-compliance with these rules may result in removal from the studio and forfeiture of any class credits.

4.2 Instructor's Directions
You agree to follow the instructions of the instructors and studio staff at all times. Failure to do so may result in your immediate removal from the Activity, and any fees paid for the session will be forfeited.

5. Limitation of Liability

5.1 General Limitation
The Studio’s liability for any claim, including personal injury, death, or property damage, shall be limited to the amount of money paid by you for the Activity in which the incident occurred. This limitation does not apply in cases of gross negligence or intentional misconduct by the Studio or its officers, agents, representatives, or employees.

5.2 No Liability for Property Damage
Wanderlust Pole Studio Pty Ltd will not be liable for the loss or theft of personal belongings brought onto the premises by participants.

6. Release of Studio and Its Representatives from Claims

6.1 General Waiver of Liability
You agree to hold harmless, indemnify, and release Wanderlust Pole Studio Pty Ltd, its officers, directors, instructors, employees, agents, and representatives from any claims, demands, or actions arising out of your participation in the Activities, including any claims made by third parties, whether based on negligence, breach of contract, or otherwise.

6.2 Health Condition Disclosure
If you have a health condition that may affect your participation in the Activities, you agree to disclose it to the Studio prior to participating. The Studio reserves the right to refuse participation if deemed necessary for your safety.

7. Medical or Emergency Situations

In the event of an injury or medical emergency, you give consent for medical/ambulance services to be contacted on your behalf. You agree to cover any costs associated with these services, including but not limited to transport, medical fees, or other related expenses.

8. Age Requirement

8.1 Minimum Age
You must be at least 18 years old to participate in the Activities. If you are under 18 years old, you must have the express written consent of a parent or guardian to participate.

9. Cancellation and Refund Policy

9.1 Class Cancellations
You agree to comply with the Studio’s cancellation policy. Failure to cancel a booking within the designated timeframe may result in forfeiture of any class credits or fees paid.

9.2 No Refunds
Class credits are non-refundable, except in cases of illness or emergency where a valid medical certificate is provided.

10. Termination of Agreement

10.1 Termination by Participant
You may terminate this Agreement at any time by notifying the Studio in writing. Upon termination, you will not be entitled to a refund for any unused class credits, memberships, or fees.

10.2 Termination by Studio
Wanderlust Pole Studio Pty Ltd reserves the right to terminate this Agreement and suspend or expel you from the premises if you violate any terms of this Agreement or engage in unsafe or inappropriate behaviour.

11. Acknowledgement and Consent

By signing this Agreement, you acknowledge that you have read, understood, and agree to the terms and conditions set forth herein. You further acknowledge that you are voluntarily engaging in the Activities at your own risk and that you release Wanderlust Pole Studio Pty Ltd and its officers, agents, representatives, and employees from any liability.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia.