Swinburne Cheer Participant Waiver - Melbourne Cheerleading

Terms and Conditions of Participation

IMPORTANT NOTICE REGARDING CORONAVIRUS (COVID-19)

Due to the current concerns around the transmission of COVID-19, we are putting in place new procedures to minimise risks within the gym.
We ask that upon entering the building, you use hand sanitiser or wash your hands. Both of these options will be available within the gym. Please assist us in maintaining physical distancing of 1.5m, and wearing a mask where applicable.
If you have any questions or concerns, please speak with a member of the MCA team.

Risk warning & acknowledgement Waiver

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.

Waiver & Release

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:
- death;
- 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.

Other Conditions of Participation

6. Participants must:
- be at least 1 year old;
- if less than 5 years old, 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 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 is an authorised agent of that person 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.

Sufficient Opportunity to Read and Understand This Document

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.

Participant Name*

First Last

Participant DOB*

Class Attending

Please list the class name, date and/or time. If you are not sure, leave this field empty.

Contact Email*

Contact Number*

Legal Guardian / Parent Name

Signature

Emergency Contact

In case of incident or emergency, please supply the the details of an emergency contact. This can be the same as the contact above, but not the same as the athlete.

Emergency Contact Name

Full Name

Emergency Contact Phone