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Release of Liability
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*Activities* means circus training and instruction, Aerial Arts, AntiGravity Aerial Yoga, Acrobatics, Yoga, Pilates and other disciplines offered by DCB Fitness Pty Ltd from time to time.
*DCB Fitness* means DCB Fitness Pty Ltd, its parents, subsidiaries, affiliates, successors, predecessors, officers, directors, employees, volunteers, agents, representatives, consultants and participants and all other persons or entities acting in any capacity on its behalf.
I wish to participate in Activities offered by DCB Fitness.
In consideration for being permitted to participate in the Activities I, for myself and for anyone entitled to act on my behalf, hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless DCB Fitness from any and all claims, demands, or causes of action, which are in any way connected with my participation in the Activities or my use of DCB Fitness's equipment or facilities, including any such claims which allege negligent acts or omissions by DCB Fitness.
I understand and agree that this Participant Agreement, Waiver & Release *Agreement* is binding on my heirs, assigns and legal representatives.
I intend by this Agreement, in advance, to waive my rights, to covenant not to sue, to release from future claims and to discharge DCB Fitness from any and all loss or damage, including, but not limited to, claims for damages for death, personal injury or property damage that I may have, or which may hereafter accrue to me, as a result of my participation in any portion of the Activities offered by DCB Fitness, even though that liability may arise from negligence *whether simple or gross*, carelessness or recklessness on the part of DCB Fitness, from dangerous or defective facilities, property or equipment owned, maintained or controlled by it or because of its possible liability without fault.
I further agree to indemnify DCB Fitness from any and all damages, costs, claims or demands *including reasonable attorney's fees and cots* made by any third party caused in whole or part by my actions or arising as a consequence of DCB Fitness allowing me to participate in the Activities, including costs incurred by DCB Fitness to enforce this Agreement.
I acknowledge that my participation in the Activities entails known and unanticipated risks that could result in serious physical or emotional injury, paralysis or death or damage to myself, to property or to third parties. I understand that such risks cannot be eliminated without jeopardising the essential qualities of the Activities. I understand that travelling to and from shows, meets and exhibitions raises the possibility of any manner of transportation accidents. My participation in the Activities is purely voluntary, and I elect to participate in spite of the risks.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the Activities, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. If I am aware of or under treatment for any physical infirmity, disorder, ailment or illness, my medical care provider has been appraised of, and has approved of, my participation in the Activities. I acknowledge that I, and I alone, am solely responsible for my personal health and safety and the personal property I bring with me. I consent to receive medical treatment which may be advisable in the event of illness or injuries suffered by me during the Activities, and I agree to pay for the costs of any such medical treatment.
No oral representations, statements or inducements apart from this written agreement have been made.
I expressly agree that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Queensland and that if any portion hereof is held invalid,
I've read the above and agree.
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