Acknowledgment and Assumption of Risks & Release and Indemnity Form
INTRODUCTION
Please read this entire Acknowledgment and Assumption of Risks & Release and Indemnity Form carefully before signing it (or, in the case of online acceptance, by electronically checking the box below). STK Corporation Pty Ltd as trustee for STK Corporation Trust (ABN 54700131360) trading as Dance Travel Dance Tours (‘DTDT’) requires each participant (Participant) (or if the participant is a minor under the age of 18 years, a parent/guardian of the minor) to sign this Form prior to permitting the participant to participate in dancing / performance activities (Activity).
ACKNOWLEDGEMENT & ACCEPTANCE OF RISKS
The Participant acknowledges that there are inherent and other risks associated with participation in the Activity which can cause personal injury, death or other loss to the participant. Some of the risks associated with participation in the Activity include:
Performances, workshops, rehearsals.
The risks specified are not exhaustive. Other unknown or unanticipated, inherent or other risks may exist.
By participating in the Activity you are acknowledging and accepting these risks.
GENERAL RELEASE AND INDEMNITY
Please read this section carefully, as it contains a wavier of certain legal rights and a promise to indemnify DTDT and associated parties.
Release
To the fullest extent permitted by law, the Participant agrees to forever release and discharge DTDT (including its officers, directors, employees, agents and related bodies corporate and their officers, directors, employees and agents, and any of their assignees) (Released Parties) from and against any claims, actions, liabilities (including expenses) that the Participant may have or may incur (claims) for any death or personal injury suffered by the Participant arising from participation in the Activity, whether caused by any negligence, breach of contract, breach of statutory duty or otherwise by any of the Released Parties, or the materialisation of any inherent or other risks of the Activity.
Indemnity
To the fullest extent permitted by law, the Participant agrees to defend and indemnify the Released Parties from and against any claims brought by or on behalf of the Participant or any other person, for any personal injury or death suffered by the Participant arising from participation in the Activity howsoever caused, including without limitation the negligence of any of the Released Parties, any breach by them of contract or a statutory duty, or the materialisation of inherent or other risks of the Activity.
If the Participant is a minor, then the parent/guardian of the minor who signs this Form agrees to personally defend and indemnify the Released Parties in the manner described above as if the parent/guardian were the Participant.
STATUTORY EXCLUSIONS OF LIABILITY
The releases and indemnities above do not limit or exclude the rights of the Participant under the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or under any corresponding State or Territory legislation, other than to the extent those rights can be limited or excluded, in which case they are limited or excluded to the fullest extent permitted.
If the Activities comprise any ‘Recreational Services’ to be supplied by DTDT, then to the maximum extent permitted by law, DTDT excludes any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) resulting from DTDT’s failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law. This exclusion does not apply to significant personal injury caused by DTDT’s reckless conduct.
For the purpose of this exclusion, ‘Recreational Services’ means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010.
GENERAL
This Form is in addition to and does not replace the primary contract between DTDT and the Participant which is subject to the General Booking Conditions. To the extent of any inconsistency between the terms of this Form and the terms of the Booking Conditions, then the terms of the Form prevail to the extent of the inconsistency and to the extent the terms of the Form are legally enforceable.
This Form is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Form is deemed unlawful or unenforceable, it will not affect the enforceability of the remaining provisions, and those remaining provisions will continue in full force and effect.
This Form is to be governed by the laws that apply in accordance with the terms of the Booking Conditions. Any disputes shall be dealt with by a court with the appropriate jurisdiction in the State or Territory of the governing law.