Liability Waiver:
By purchasing a pass for or by using any of the facilities at any The Motion Academy venue, the customer and all participants agree to be bound by these terms and conditions.
IF YOU ARE MAKING A PURCHASE ON BEHALF OF ANOTHER PERSON, YOU AGREE THAT YOU ARE MAKING THE PURCHASE AND ENTERING THIS CONTRACT AS THEIR AGENT. THIS IS INCLUSIVE OF ALL PROGRAMS AVAILABLE INCLUDING GROUP EVENTS, PRIVATE FUNCTIONS AND BIRTHDAY PARTIES.
Movement and fitness training is fun, challenging and highly rewarding. But there are some risks involved so please read this before you take part in any activity or service.
The activities available at The Motion Academy may be considered dangerous Recreational Activities with Inherent Risks and Obvious Risks as defined by the Civil Liability Act 2002 (WA).
The customer acknowledges that the recreational activities available at The Motion Academy are dangerous with many inherent risks and hazards, and as a consequence personal injury and sometimes death can occur, and the customer assumes and accepts all such risks and hereby waives the right to sue The Motion Academy / TMA KIDS PTY LTD for any personal injury or death in any way whatsoever caused by or relating to the customer’s participation in such activities.
Participation in these activities is entirely at your own risk. Please ensure that you understand the following:
1. I have disclosed to the staff of The Motion Academy any history of injury, disease or weaknesses that would limit or effect my own or any participant under my cares ability to participate in physical activity and will disclose any future changes to physical and mental state that may effect continued participation.
2. I understand that any of the activities available at The Motion Academy involve risks that may cause various injuries and that such injuries may result in death or serious disability.
3. I understand that athletic activities of any type can cause harm or injury in susceptible people and that I am responsible for seeking medical advice from my own medical care provider(s) about whether participation in such activities is advisable for me or any person under my care.
4. I understand that the activities available are physically demanding and involve training at heights, which in susceptible people may cause panic, hyperventilation or heart attack.
5. I understand the specific risks involved in trampolining, which may result in injuries due to falls or collisions with the equipment.
6. I understand the specific risks of all activities available at The Motion Academy. I wish to participate / I wish all children under my care to participate and do so entirely at my / their own risk of injury or bodily harm.
7. I understand that photos and video may be taken of me or my children during participation in activities at The Motion Academy, which may be used for online marketing / promotional content and this liability waiver assumes consent.
8. The customer agrees to pay the cost of and authorises The Motion Academy to take all steps it considers reasonably necessary to protect the customers welfare in the event of personal injury. This includes the administration of any emergency medical treatment and ambulance transportation.
9. If purchasing passes for children that are not my own, I have obtained consent from the parents / legal guardians of all persons under 18 years of age to electronically sign this document on their behalf.
10. Any person using the facility for self directed training, such as open sessions, jams or private hire, is entirely responsible for assessing the suitability of any and all equipment for their desired use. The company takes no responsibility for any injury or harm that may arise from improper use of equipment.
I hereby indemnify, release and hold harmless The Motion Academy Pty Ltd, TMA Kids Pty Ltd, the owner of the premises of The Motion Academy and all directors, employees, staff and assistants of The Motion Academy or any other persons involved in my participation in activities at The Motion Academy from any suit, demand, action or claim for compensation whether for personal injury or damage to property arising from my own or any child under my cares participation any activity at The Motion Academy.
I am aware that this waiver is ongoing and will apply to all future occasions in any activity at The Motion Academy. I furthermore acknowledge that this document is contractual and may be relied upon in any proceedings commenced by me, my heirs, associates, executors and assigns.
I confirm that I have read and agree to all other terms and conditions, including payment and booking terms.