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Kick Tactics boot camp terms & conditions

Acknowledgement and Warranty

I acknowledge that I must disclose and/or report to Kick Tactics Pty Limited any pre-existing illness, disability or pregnancy or any other condition which may be regarded as serious for which I am receiving or might need to receive or require medical treatment and if so to provide a medical certificate in respect of that illness or my capacity to participate in the Boot Camp course and that failure to report any such condition completely absolves Kick Tactics Pty Limited its agents or servants from all or any liability in respect of such condition and that Kick Tactics Pty Limited reserves the right to refuse any course participant who has failed to give proper notice of any physical disability, illness or handicap requiring special care, attention or treatment and who, during the course, proves to be physically unfit to participate.

I warrant that I am physically and mentally fit enough to undertake and participate in the course and that I have provided accurately and truthfully my medical history and agree to provide to Kick Tactics Pty Limited full details of any changes to my medical condition which would affect the decision of Kick Tactics Pty Limited to accept and to continue to accept me as a course participant and if required to do so will provide a Medical Certificate from a Licensed Medical Practitioner confirming my ability to undertake the course.

I agree to indemnify and to hold harmless Kick Tactics Pty Limited its servants and agents from and against all and any loss or damage arising from for which Kick Tactics Pty limited its servants and agents may become liable arising from or in any way in connection with any injury or loss which I may suffer as a result in participating in the Kick Tactics Boot Camp Course.

RISK WARNING ACKNOWLEDGEMENT AND ASSUMPTION OF RISK RELEASE AND INDEMNITY

WARNING – THIS IS AN IMPORTANT DOCUMENT WHICH AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. READ IT CAREFULLY AND DO NOT AGREE TO THESE TERMS AND CONDITIONS UNLESS YOU ARE SATISFIED THAT YOU UNDERSTAND IT. IF YOU HAVE ANY QUESTIONS PLEASE ASK OUR REPRESENTATIVE.

DISCLAIMER

THIS DOCUMENT HAS LEGAL EFFECT

By submitting your details to Kick Tactics Pty Limited through their Boot Camp online registration form, I have read and understand all the terms and conditions set out within this website page.

RECREATIONAL ACTIVITY PROVIDER: KICK TACTICS PTY LIMITED

IN RETURN FOR BEING ABLE TO PARTICIPATE IN KICK TACTICS BOOT CAMP YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS DOCUMENT

TERMS AND CONDITIONS

  1. Participant’s Details:
    1. The person whose details are set out as participant on the Kick tactics Boot Camp online registration form is the participant in this document.
    2. All participants must be sixteen (16) years and over and if you are under the age of eighteen (18) years, your parent or guardian needs to consent to these terms and conditions by signing at consent declaration at The Kick Tactics premises at Unit 1, 32 - 60, Alice Street, Newtown NSW 2042
  2. Payment and enrolment
    1. Your enrolment in any course will not be confirmed until Kick Tactics Pty Limited have received all necessary medical information requested, your full course fee (unless you have made other arrangements to pay by instalments), your acceptance of the Terms and Conditions and the Waiver and Acknowledgement.
    2. Full fee must be paid upfront before your course commences otherwise your place will be forfeited.
  3. Cancellations
    1. There will be no refunds or course credits for cancellation once the course has commenced.
    2. There will be no refunds or course credits for late arrival or missed sessions.
    3. Course participants who cancel one week prior to the course commencing will be entitled to a refund less administration fees of $35.00 plus any credit card charges.
    4. In the unexpected event your course is cancelled, a full refund of course fees will be credit to you, or partial if the course has commenced.
    5. Instructors subject to change without notice.
    6. If a session is cancelled an additional session will be credited to your course.
    7. Kick Tactics reserves the right to cancel a course or session without notice.
  4. Acknowledgements
    1. You must be ready to commence training at the stated times given for each course and acknowledge that late arrival may result in non-participation in that session of the course and that you are not entitled to a refund.
    2. Running shoes that are in good condition must be worn to avoid injury.
    3. Boot Camp will take place no matter what the weather has in store that day, we ask that you kindly please respect other people and groups in Sydney Park. Whilst Boot Camp is in process please keep away from the kid’s play area and the small lakes.
  5. Drinking water must be brought to each session to avoid dehydration.
  6. Medical Clearance
    1. You are strongly advised to obtain a medical clearance from your Medical Practitioner and obtain advice before enrolling in the Kick Tactics Boot Camp.
    2. If you are aware of any reason that you are at risk you have a duty to disclose it to us and are strongly advised to obtain a medical clearance from a Registered Medical Practitioner.
    3. If you have a serious illness or physical condition which my result in the worsening of your condition, you have a duty to disclose the nature and extent of illness or disability. It is our policy not to accept you into Boot Camp unless you have a doctor’s certificate certifying that you are fit for Boot Camp.
    4. If you are pregnant then you will not be able to participate in Boot Camp for you and your unborn child’s safety.
  7. Acknowledgement of Risks
    1. You accept and understand that there are obvious and inherent risks in the activity and acknowledge that the activity you are to undertake may involve a significant risk of physical harm (‘the activity”) and that by participating in the activity voluntarily at your own risk and responsibility and that you warrant that you have accurately and truthfully provided and disclosed your medical history.
  8. Civil Liability Act 2002 (NSW)
    1. Whilst every attempt is made to ensure that the conditions provided at Kick Tactics Boot Camp are correct and safe, some aspects are potentially hazardous. By signing this document you are acknowledging that you are personally responsible for your own safety and to the full extent permitted by law, under the Civil Liability Act 2002. You give up the right, now or at any time in the future, to recover compensation or obtain any other remedy for any injury or death to yourself.
  9. Exclusion of Section 74 Trade Practices Act 1974 (Cth) (“TPA”)
    1. Section 74 TPA provides that certain warranties of due care and skill are implied in contracts where a service is provided.
    2. Where a contract is for the provision of recreational services the implied warranty of care and skill may be excluded, modified or restricted under section 68B TPA.
    3. WARNING – The operator gives the participant notice that any liability of the operator for breach of an implied warranty due care and skill are excluded to the fullest extent permitted by law
  10. The Principal and Agents do not owe a duty of care to the participant who engages in any recreational activity at Kick Tactics Pty Limited due to the operation of Section 5.5M of the Civil Liability Act 2002, and the risk warning expressly contained within this Disclaimer Form.

SAFETY RULES AND REGULATIONS

  1. You must comply with the Safety Rules and instructions of the Kick Tactics Boot Camp instructors at all times.
  2. If it is considered by your course instructor that you are disrupting the course and/or placing the safety of others in jeopardy then you may be required to leave and in this case you will not be entitled to either a refund or credit for any further courses with Kick Tactics Boot Camp.
  3. You acknowledge you must truthfully and accurately and honestly disclose your medical condition and any treatment and acknowledge that Kick Tactics Boot Camp relies upon the medical information provided in accepting you in the course and you warrant that you are physically and mentally fit and capable of undertaking the various physical activities the subject of the course.
  4. You give permission for Kick Tactics Boot Camp staff to arrange for medical attention and treatment if required at your expense, as and when applicable and where appropriate to notify next of kin in case of hospitalisation.