Terms and Conditions
1 The kidfitclub physical education program (“the program”) is recreational services provided by Lance O’Keefe and Stephen Pryde (“the Coach”) on these conditions and on the basis that the Coach has no knowledge of any pre-existing injuries, medical conditions or allergies other than those notified on this form or in writing. Participation is at the discretion of the Coach. If refused a reason need not be given. 2 All fees must be paid prior to commencing participation in the program. Fees may be paid by direct debit to the account of LR O’Keefe & ST Pryde at Commonwealth Bank BSB 06-2171A/c No. 1033 5749. No refunds will be made after the commencement of the program. 3 To undertake fitness activities participants must be in good health and have no condition that could endanger their well-being through participation. Participants declare that they are in good physical condition and do not suffer from any disability or condition, which would prevent or limit their participation in the program. Participants must notify the Coach in writing of any change to this during the program. Participants consent to reasonably necessary medical treatment during participation and must reimburse the Coach for any expenses incurred in providing medical treatment. 4 The participants must wear suitable clothing and footwear and provide their own food and water to consume during and after the program. 5 The program involves physical activity including, but not limited to, strength training, running, agility drills, jumping, cardiovascular activities, and flexibility training and dancing. These activities will require participants to spend time outside. Participants agree to assume the risks that are involved in participating in the program. The inherent risks include, but are not limited to, those caused by terrain, facilities, travel, temperature, weather, physical condition, equipment failure, lack of hydration and the actions of other people including, but not limited to, other participants, volunteers, instructors, supervisors, guides and the Coach. 6 Participation is voluntary. Participants must observe any instructions or rules specified and must comply with directions given by the Coach. Instructions and rules will be provided in writing, email or on the website and will change from time to time. The Coach has the right to terminate the program. The Coach may request a participant to leave the program. A reason need not be given for these decisions. 7 Participants release from any liability the Coach and any employees, volunteers and supervisors, for any loss or injuries sustained by them as a result of participation in the program now or in the future including but not limited to loss of property or income, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee lower back and foot injuries, soreness, mental illness or any other injury however caused, occurring during or after participation in the program. Participants agree to indemnify and hold harmless, the Coach and any employees, volunteers, supervisors and the facilities against any liability incurred as a result of such loss or injury. 8 Participants, their heirs, executors, administrators and assigns waive all and any claim, right or cause of action which they might have arising out of any loss of life, injury, damage the participant may suffer in the course of or consequent on participation in the program. Participants indemnify the Coach from any claim, right or cause of action, which a participant may take against the Coach. The waiver and indemnity provided in these conditions will operate in favour of the Coach and all his or her agents and employees jointly and severally. It will also operate whether the injury, damage or loss is due to any act, default, misconduct or neglect of any of them. It will operate only to the extent it does not contravene any non-excludable statutory rights of the participant. 9 By enrolling my child into a Kidfit Club holiday program, I acknowledge that my child will play laser tag and also be accompanied by the Coach to walk to Pottery Green. 10 The information provided in this form may be disclosed to third parties for the purposes of providing the program or medical treatment. 11 If the participant provides an email address or has sent an email to the Coach it is implied that the participant consents to the use of email for communication. 12 I consent to Kidfit Club publishing photographs/images taken of my child in advertisement in various formats, newsletter, online advertising, emails and outdoor advertising, in both electronic and hard copy publications. 13 Participation in the program is not transferrable to another person. 14 As the participants are under 18 years of age, this form must be signed by the participant’s parent or legal guardian. The parent or legal guardian signing this form (“the parent”) consents to the participant undertaking the program. The parent promises that they have the authority to provide this consent. The parent is responsible for the participant’s behaviour and agrees to the conditions in this form and the release and indemnity set out in it. The parent agrees to be bound by the rules specified by the Coach and to comply with any directions given by the Coach with respect to the conduct of the program.