Declaration, warrant and waiver
"Services" means classes or activities provided by Cirkidz, including Circus Art Workshops, and those associated with or incidental to those classes and activities.
"Participant" means an adult or child participating in the services.
In consideration for, and as a condition of My/My Child's enrolment and participation in the services, I:
1/ Understand that recreational activities (including circus activities) involve a risk of physical harm or personal injury including permanent disability and/or death to participants. Such injuries may result from participants' own actions and from the acts and omissions of others.
2/ Acknowledge the warning set out in paragraph 1 above and that the warning constitutes a risk warning;
3/ Warrant that I am/My Child is medically fit (both physically and mentally) to participate in the services and has not been advised otherwise by a medical practitioner;
4/ Agree that I assume all risks in connection with My/My Child's participation in the services and activities and acknowledge that Cirkidz will not be liable for the breach of any express or implied warranty that services it provides will be provided with reasonable care and skill and that its equipment will be fit for purpose;
5/ Agree that I/My Child will abide by the rules and conditions in connection with the services including those in any literature or verbal or written instructions provided by Cirkidz, its employees, servants or agents;
6/ Acknowledge that I/My Child engage in the services recreational activity at my/his/her own risk and except to the extent that the law, including the Competition and Consumer Act 2010 (Cth), 'CCA', provides that liability cannot be extended, waive, release and discharge all and any claim, right or cause of action however arising including from any negligent act or omission of any person, whether or not presently ascertained, immediate, future or contingent, which I/My Child may otherwise have for or arising out of loss of my life or injury, damage or loss of any description whatsoever and howsoever caused which I/My Child may suffer or sustain in the course of or consequent upon My/My Child's participation in the services.
7/ Acknowledge that to the maximum extent permitted by the CCA, Cirkidz excludes liability to Me/My Child for:
ii. personal injury
iii. the contraction, aggravation, acceleration of a disease; and
iv. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual or community:
(ii) that is or may be harmful or disadvantageous to an individual or community; or
(iii) that may result in harm or disadvantage to an individual or community.
8/ Arising out of any failure by Cirkidz, its employees, servants or agents to comply with any consumer guarantees applying to the services.
To the maximum extent permitted by law, indemnify against any claim, right or cause of action howsoever arising including from any negligent act or omission of any person, whether or not presently ascertained, immediate, future or contingent which I may have for or arising out of loss of my life or injury, damage or loss of any description whatsoever and howsoever caused which I/My Child may suffer or sustain in the course of or consequent upon my participation in the services. Where Cirkidz's liability cannot be excluded it limits its liability to the maximum extent that it is permitted by law to do so;
9/ Agree that the waiver, release and discharge contained in paragraph 6 may be pleaded as a complete bar to any claim, notice, demand, action, proceeding, litigation or judgment which has or may be brought or made or recovered against Cirkidz, its employees, servants or agents;
10/ Agree that, without limitation of the waiver, release and discharge contained in paragraph 6, the liability of Cirkidz will be limited to that part of the services which is located at or held on its premises and Cirkidz will not be liable in any circumstance or to any extent for any action arising in relation to that part of the services which is located at or held on the premises of another third party because Cirkidz requires third parties (such as schools or out of school hours care providers) through which participants are enrolled in its services to obtain and maintain an appropriate policy of public liability insurance;
11/ If a participant suffers from an injury or illness requiring medical attention, Cirkidz will contact the ambulance service to provide treatment or convey the participant to hospital. Cirkidz will not meet the cost of the ambulance and any medical treatment required. I undertake to pay these expenses on behalf of Myself/My Child.
12/ I have read carefully and understand this declaration, warrant and waiver, and, having done so, I submit this voluntarily.