+61 4 3331 8206
Evolve All Stars 2021 Waiver
Name of Parent/Guardian (if athlete under 18)
I knowingly and voluntarily agree to be bound by all the terms and conditions set in this agreement.
By using any of the facilities at Evolve All Stars venue (located at 24 Remount Way, Cranbourne West) you agree to the following conditions:
Evolve All Stars, its directors, employees and agents are not liable to the customer, their dependents or legal representatives for personal injury or death suffered by the customer because the activities were not supplied with due care and skill, were not reasonably fit for their purpose or because of negligence, breach of contract, statute or statutory duty by Evolve All Stars.
The customer acknowledges that the activities are dangerous with inherent risks and hazards and consequently personal injury and death may occur. The customer assumes and accepts all such risks and hereby waives the right to sue Evolve All Stars, it’s directors, employees and agents for any personal injury or death in any way whatsoever caused by or arising from the customer’s or the customer’s dependents participation in such activities.
WARNING: If you or your dependent participates in these activities, your rights to sue the supplier under the Australian Consumer Law & Fair Trading Act 2012 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this waiver.
PLEASE NOTE: The change to your rights, as set out in this waiver, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do the act with reckless disregards, with or without consciousness, for the consequences of the act or omission. See Regulation 5 of the Australian Consumer Law & Fair Trading Regulations 2012 and Section 23(3)(b) of the Australian Consumer Law & Fair Trading Act 2012.
The customer agrees to pay the cost of and authorises Evolve All Stars, its directors, employees and agents to take all steps it considers reasonably necessary to protect the customer or customer dependents welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
The customer acknowledges that he or she, or their dependent has the requisite physical and mental health and abilities for proper and safe use of the equipment and facilities and to participate in the activity itself. The customer agrees that if he or she has any questions as to what skills, qualifications or training is necessary to properly use the equipment, facility, or to participate in the activity itself, then they shall direct such questions to the appropriate staff member at the venue.
The customer and/or the customers dependent is encouraged to have a physical examination prior to all participation.
While in the Evolve All Stars venue you consent to images and video being taken for security and/or promotional purposes of yourself, your children or of children for whom you are responsible.
The customer must comply with all signs or other directions of Evolve All Stars.
Any directors, employees or agents of Evolve All Stars may suspend, restrict or cancel the customer’s access to activities at the venue in its absolute discretion for non-compliance with these conditions, or for reckless or careless conduct.
If you enter the Evolve All Stars venue, or book a session at the Evolve All Stars venue on behalf of another person, you agree that you make that purchase as the authorised agent of that person so that they will be bound by these conditions.
Despite any other provision of these conditions to the contrary, to the extent permitted by law, in no event will Evolve All Stars or its directors, employees or agents be liable in respect of any claim for any loss of profits or anticipated profits, loss of use of capital or revenue, or for any punitive, exemplary, special, incidental or consequential loss or damage or the like.
This agreement is governed by the laws of the State of Victoria, the Courts of which shall have exclusive jurisdiction. If any part or provision of this agreement is determined by a Court to be invalid or unenforceable all other parts and provisions shall still be given full legal force and effect.
By agreeing to this waiver, I intend to forever waive my right and the rights of any individuals for whom I am an authorised agent, to maintain any lawsuit or action against Evolve All Stars based on any claim of personal injury or death or property loss or damage. I have had sufficient opportunity to read and understand this agreement and consult with my legal counsel, or have voluntarily waived my right to do so.
Date Format: MM slash DD slash YYYY
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STAY IN TOUCH
Evolve All Stars
24 Remount Way
Cranbourne West VIC 3977
+61 4 2835 4827
+61 4 3331 8206
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