Terms and Conditions of Participation

1. Definitions and Interpretation

1.1 Definitions

In this Document, unless the context otherwise requires:

• The “Activities” means cheerleading lessons, stunting, tumbling, jumps, dancing, trampolining, general exercise, birthday parties and associated events and any other related training, coaching, workshops, open gym sessions, camps, rehearsals, performances, competitions, travel or events organised, authorised or facilitated by BASG from time to time and includes any associated travel to, from or between such activities. (together, the “Activities”). 

• Belgravia All Star Group or BASG means Belgravia Cheer Pty Ltd and any entity that directly or indirectly controls, is controlled by, or is under common control with Belgravia Cheer Pty Ltd, from time to time, together with each of their respective directors, officers, employees, contractors, subcontractors, volunteers and agents, and includes the owners and occupiers of any premises at which the Activity is conducted.

• Participant means the individual participating in the Activities. 

• Policies means the Belgravia All Star Group Policies (as amended from time to time).

1.2 Incorporation of Policies

This Document incorporates the Policies by reference. Compliance with the Policies is a condition of participation in the Activities.

2. Acknowledgement of Risk

2.1 Inherent Risks

The Participant acknowledges and agrees that:

• The Activities are inherently dangerous and involve significant risks, including serious physical injury, permanent disability,paralysis and death. 
  
  
• Risks may arise from, among other things:
  
  
  • Falls, collisions and contact with other participants;
  • Equipment failure or misuse;
  • The physical demands of stunting, tumbling and lifting;
  • Fatigue, overexertion and inadequate recovery;
  • Acts or omissions of other participants, coaches or third parties;
  • Injuries to bones, joints, muscles & tendons etc;
  • neck & spinal injury;
  • paralysis; and/or
  • death (however unlikely).

2.2 Voluntary Participation

The Participant is aware of and properly understands all of the risks involved in participation in the Activities and voluntarily chooses to participate in the Activities with full knowledge and acceptance of these risks.

3. Waiver & Release

3.1 Section 139A of the Competition and Consumer Act, 2010 (C’th) permits BASG as a service provider of 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.

3.2 By signing this agreement, you agree on your behalf (and for any person for whom or on whose behalf you are requiring the Activities): to the terms of the release in this Document and to the full extent permitted by law, the liability of BASG 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 BASG (its servants and agents) for any claim, right or cause of action which may arise from participating in the Activities, whether caused by the negligence of BASG, its servants and agents or otherwise; and

• to indemnify BASG (its servants & agents) against any claims arising from participating in the Activities.

Release

To the maximum extent permitted by law, the Participant releases BASG and their directors, officers, employees, contractors and agents from all liability for loss, damage, injury or death arising from participation in the Activities.

Indemnity

The Participant indemnifies BASG and their directors, officers, employees, contractors and agents against any claims arising from the Participant’s conduct or breach of this Waiver.

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 BASG. Also see the applicable Australian Consumer Law and fair trading legislation in your State or Territory. You do not have to agree to exclude, restrict or modify or waive any of your rights against BASG but BASG may refuse to allow you to participate in the Activities.

4. Other Conditions of Participation

4.1 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 BASG asks that pregnant women, participants with pre-existing health issues or wearing “casts” do not participate in any Activities; and

• seek medical advice if you have any health/medical concerns before undertaking Activities.

• disclose to BASG (before participation, and as updated) any relevant medical conditions, allergies, medications, injuries, disabilities or other health matters that may affect safe participation in the Activities;

• confirm that you are medically and physically fit to participate in the Activities and have not been advised otherwise by a medical practitioner; and

• promptly notify BASG if your medical condition changes in a way that may affect safe participation.

4A. Emergency treatment and ambulance

• If BASG reasonably considers it necessary, you authorise BASG and its staff to administer first aid and arrange emergency medical treatment (including calling an ambulance and hospitalisation).

• You agree BASG may act on this authority if you are unable to provide instructions at the time.

• You are responsible for the cost of any ambulance, hospital and medical services provided to you including ambulance, hospital and medical practitioner fees.

4B. Insurance

• You acknowledge that BASG/Belgravia may maintain public liability insurance as required by law. 

• You acknowledge that such insurance does not provide personal accident, injury, disability or income protection cover for participants.

• You are responsible for obtaining any personal insurance you consider appropriate.

4C. Participants under 18 years

• If the participant is under 18, a parent or legal guardian must sign this document and consents to the participant taking part in the Activities.

• The parent/guardian acknowledges the risks described in clauses 1–3 and consents to emergency treatment under clause 6A.

• The parent/guardian accepts responsibility for ensuring the participant complies withthis document and any BASG/Belgravia rules and policies.

4D. Conduct and policies

• Participation in the Activities is conditional on compliance with BASG/Belgravia rules and the Belgravia All Star Group Policies (as amended from time to time).

• BASG/Belgravia may refuse entry to,suspend or remove a participant from Activities for unsafe behaviour or breach of those policies/rules.

• BASG/Belgravia may suspend or terminate participation for breach of this Waiver or the Policies, without refund.

5. All Participants in the Activities consent to images and video being taken for security and/or promotional purposes.

BASG/Belgravia collects and uses personal information (including images and recordings) to administer participation, manage safety and security, communicate with participants/guardians and, where applicable, for promotional purposes. Personal information may be disclosed to service providers engaged by BASG/Belgravia for those purposes.

The Participant consents to BASG/Belgravia recording, photographing or filming the Participant during the Activities and using those images or recordings for operational, promotional and marketing purposes, unless the Participant has expressly opted out in writing. Although You may opt out of promotional use of images/video by notifying BASG in writing, security/CCTV use will continue to still occur.

6. If you enter any premises operated by BASG or book a session with BASG on behalf of another person, you agree to do so as an authorised agent of that person (and, where that person is a minor, as parent/guardian or authorised representative) and that person will be bound by these conditions.

7. 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.

8. Force majeure

BASG/Belgravia is not liable for any failure or delay in providing the Activities where caused by events beyond its reasonable control, including natural disasters, pandemics, government restrictions, venue closures, power outages or industrial action.

9. Updates and amendments

• BASG/Belgravia may amend these terms and/or the Policies from time to time.

• Where changes are material, BASG/Belgravia will provide notice by reasonable means (including email, publication on an official platform, or notice at the venue).

• Continued participation after notice constitutes acceptance of the amended terms.

10. Sufficient Opportunity to Read and Understand This Document

I acknowledge that BASG 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.

11. Governing Law

This Waiver is governed by the laws of Australia as in force in the State or Territory in which the Activities are conducted and the parties submit to the exclusive jurisdiction of the courts of that State or Territory.

12. Execution

By signing this Waiver, the Participant acknowledges that they have received, read and understood the terms and conditions of this Waiver and agree to be bound by them.

Where the Participant is under the age of 18 years, the Parent or Guardian of the Participant acknowledges that they have received, read and understood the terms and conditions of this Waiver, consent to the Participant’s participation in the Activity, and agree to be bound by this Waiver on their own behalf and on behalf of the Participant.

The Participant and, where applicable, the Parent or Guardian confirm that this Waiver is signed voluntarily and without inducement.

The Parent or Guardian warrants that they have full legal authority to provide the acknowledgements and consents set out in this Waiver.