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Similarly, their secondary team competition pack will be reduced depending on which programs they are enrolling into.
Like all sports, cheerleading can result in injury. Cheerleading is undertaken in accordance with the rules and
conditions in place within Melbourne Cheer Academy and its selected Event Providers. Upon participating in this activity, you are deemed to have understood and accepted the terms and conditions outlined in the below Waivers and Memberships. Copies of these waivers and memberships can also be viewed in person at all Melbourne Cheer Academy venues.
1. Participation at MCA includes (but is not limited to) cheerleading lessons, stunting, tumbling, jumps, dancing, trampolining, general exercise, birthday parties and associated events (“Recreational Activities”) and involves risks, including:
- Injuries to bones, joints, muscles & tendons etc;
- neck & spinal injury;
- paralysis; and/or
- death (however unlikely).
2. Before participating in the Recreational Activities, you must ensure you are aware of, and properly understand, all of the above risks involved in the Recreational Activities.
3. By signing this document:
- you acknowledge, agree and understand that your participation in the Recreational Activities provided by MCA will involve the above risks; and
- acknowledge, agree and understand that you engage or participate in the Recreational Activities voluntarily and at your own risk.
4. Section 139A of the Competition and Consumer Act, 2010 (C’th) permits MCA as a service provider of Recreational Activities to ask you to agree that the statutory guarantees under the Australian Consumer Law (C’th) do not apply to you, or a person for whom or on whose behalf you are acquiring such services.
5. By signing this agreement, you agree on your behalf (and for any person for whom or on whose behalf you are requiring the Recreational Activities):
to the terms of the release in clause 4 above and to the full extent permitted by law, the liability of MCA for any of the following is excluded:
- physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
- the contraction, aggravation or acceleration of a disease; and/or
- the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, the currents, activity, form of behaviour, course of conduct or state of affairs; and
- to waive, release and discharge MCA (its servants and agents) for any claim, right or cause of action which may arise from participating in the Recreational Activities, whether caused by the negligence of MCA, its servants and agents or otherwise; and
to indemnify MCA (its servants & agents) against any claims arising from participating in the Recreational Activities.
IMPORTANT: The change to your legal rights set out in this document do not apply if death or injury is due to gross negligence by MCA. Also see section 23(3)(b) & regulation 5 & of the Australian Consumer Law & Fair Trading Act & Regulations 2012.
You do not have to agree to exclude, restrict or modify or waive any of your rights against MCA but MCA may refuse to allow you to participate in the Recreational Activities.
6. Participants must:
- agree to act under direct supervision of a staff member and must be accompanied by a parent or legal guardian at all times if less than 5 years old;
- if less than 14 years, agree to act under the supervision of a staff member at all times;
- be in good health and free from any adverse medical conditions, but MCA asks that pregnant women,
participants with pre-existing health issues or wearing “casts” do not participate in any Recreational Activities; and
- seek medical advice if you have any health/medical concerns before undertaking Recreational Activities.
7. All Participants in Recreational Activities consent to images and video being taken for security and/or promotional purposes.
8. If you enter any premises operated by MCA or book a session with MCA on behalf of another person, you agree to do so as an authorised agent of that person who will be bound by these conditions.
9. This agreement is governed by the laws of the State of Victoria and if any provision of this document is determined to be invalid or unenforceable by a court of law, all other provisions shall still be given full legal force and effect.
10. I acknowledge that MCA has given me sufficient opportunity to read and understand this agreement and to seek legal advice on any areas of concern. If I choose not to obtain any legal advice, I confirm that I have voluntarily & freely waived my right to do so and agree to be bound by all the provisions of this agreement.
Please note that personal accident insurance is supplied for athletes upon successful payment and completion of enrolment, but we DO NOT supply ambulance cover. MCA strongly recommends that all participants and athletes have ambulance cover in place before entering our training facilities. MCA reserves the right to call an ambulance on behalf of an athlete or participant regardless of their coverage with Ambulance Victoria and will not bear any costs involved.
There are a number of Australian Event Providers who run cheerleading competitions and performances that you may attend in 2022. To attend their events, some require memberships, some require waivers and some ask participants to understand and agree to a number of terms and conditions. Based on your program selected on the previous page, we have listed the relevant ones below.
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