Classes Terms + Conditions

 

Children

CERAMIQUES ELSTERNWICK – CONSENT, RELEASE AND INDEMNITY

 

______________ (“I”) as the parent and/or legal guardian of ______________ (“my Child”), a participant in the Ceramiques Elsternwick Pottery Course (“the Course”), which is facilitated and organised by Ceramiques Elsternwick Pty Ltd (ACN 624 709 280) (“the Organiser/s”), hereby acknowledge and agree to the following:

1)    Participation. I, on behalf of my Child, permit my Child to participate in all of the activities of the Course whether organised or run by the Course and its Organisers on its own or in collaboration with any other organisation.

2)    My condition. I, on behalf of my Child, represent that my Child is in good health, has no physical, mental or emotional conditions that affect their ability to participate in any of the activities involved in the Course, or that may cause a danger to myself and/or to others involved in the Course, and have not been advised otherwise by a medical practitioner unless notified. I, on behalf of my Child, understand and agree that the Organisers are in no way responsible for any costs or medical care associated with any injury or illness my child might sustain. In case of medical or surgical emergency, I, on behalf of my Child, hereby give permission to the Organisers to obtain or administer any medical assistance or treatment that my Child may reasonably require, including contacting my Child’s doctor.

3)    Child’s Conduct. I, on behalf of my Child, agree that my Child is responsible for their own individual conduct, behaviour, health and safety at all times. I, on behalf of my Child, understand that in the event of my Child’s misbehaviour or behaviour that poses a danger to others or my Child during the Course, my Child may be prevented from participating in the Course. I further understand that in such circumstances I will be informed of any such decision and that any costs associated with the Course will be my responsibility.

4)    Removal from Course. I, on behalf of my Child, agree that the Organisers have the right to remove my Child from the Course if:

a.          My Child’s acts, words, or conduct are, in the Organisers’ sole determination, detrimental to or incompatible with the interests, purpose, goals, or welfare of the Organisers, the Course, or other participants in the Course;

b.          My Child fails to participate in any portion of the Course;

c.          I, on behalf of My Child, fail to disclose, or disclose inaccurate, medical information;

d.          My Child fails to comply with any rules or regulations imposed by the Organisers, or their employees, servants and agents, including, but not limited to, all terms and conditions of this agreement; or

e.          My Child fails to comply with the laws of all applicable governmental authorities where my Child is present as part of the Course,

and if my Child is removed from the Course or if my Child leaves the Course early of their own volition, other than as consented to by the Organiser, my Child will be responsible for all expenses they incur from the date of removal or departure and I will not be entitled to a refund of any participation fee already paid.

5)    Assumption of Risks. I, on behalf of my Child, acknowledge that my Child’s participation in any activities related or unrelated to the Course, including but not limited to physical activities, may be subject to certain hazards, including but not limited to injury or property loss/damage; and further that my Child is voluntarily participating in the Course and these activities, that I understand the dangers and all risks involved, and that I, on behalf of my Child, voluntarily assume all said risks.

6)    No Responsibility of Organiser. I, on behalf of my Child, acknowledge that the Organiser assumes no responsibility whatsoever, and shall not be held responsible for the operation, safety, and management of any of the facilities and or equipment, which may be utilised in connection with the Course.

7)    Release and Waiver. I, on behalf of my Child, agree to and do hereby forever release and discharge the Organisers; the respective parent, subsidiary, and affiliated entities and/or financial supporters of the Organisers; the service providers for the Course and their respective parent, subsidiary, and affiliated entities, the officers, facilitators, directors, employees, agents, representatives, trustees, contractors, and subcontractors of any of the foregoing; the successors, heirs, and assigns of any of the foregoing; and any person or entity claiming by, through, or under any of the foregoing of and from every right, claim, judgment, liability, action, cause of action, suit, debt, controversy, tort, restitution, fines, interest, fees (including attorney and expert witness fees), expenses, costs, damages, demands or proceedings whatsoever in law, tort, or in equity (“Claims”) arising out of or related to my Child’s  participation in the Course which I as their parent and/or legal guardian (or my heirs or assigns, or anyone acting on behalf of or through me or my heirs or assigns) ever had, have, or may hereafter have against the Organisers.

8)    Indemnification. I, on behalf of my Child, agree to and shall indemnify, defend, and hold harmless the Organisers from and against any and all Claims arising out of or related to my Child’s participation in the Course, whether resulting from my Child’s or any other individual’s or entity’s negligence or wilful misconduct, criminal conduct, acts of God, or otherwise regardless of whether the liability therefore is caused by the negligence, fault, or strict liability of the Organiser’s Group or any latent or patent defect in any premises.

9)    Photo/Video Release. I, on behalf of my Child, permit the Organisers to use my Child’s name in any documents, information or materials produced for public relations or educational purposes.  I, on behalf of my Child, agree to permit the Organisers to use photo, video footage, and quotes taken within the Course and to be used at the discretion of the Organisers without compensation.  I understand that the materials including but not limited to those in which my name, quotes, photographs may appear will not include their address, and that this information will not be disclosed to third parties in the course of preparing the information for posting or publishing. I understand that this permission is perpetual in time and that it encompasses, without limitation, any copyright or right of publicity or privacy that I may have in my name, quotes, articles, photographs, video, etc.

 

10) Miscellaneous. This document constitutes the entire and exclusive agreement between the Organisers and myself as the parent and/or legal guardian regarding the subject matter hereof, and supersedes all prior negotiations, representations, or agreements, either written or oral.  The language of all parts of this document shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties.

 

I have read this document and I understand its content.  I understand that by signing below, this document constitutes a complete and unconditional release of all liability to the greatest extent allowed by law in the event of my Child suffering death, injury, sickness, harm (whether physical, mental or otherwise) and/or property loss/damage. I am over eighteen (18) years of age, of sound mind and a parent and/or legal guardian of my Child. I, on behalf of my Child, have voluntarily signed this release freely without any inducement or representation made to me.

 

To the extent that a Claim is unable to be excluded at law, the liability of the Organiser shall be limited to the extent of the insurance cover effected by the Organiser for the incident resulting in my Child suffering death, injury, sickness, harm (whether physical, mental or otherwise) and/or property loss/damage.

 

 

 

Participant: ______________(print name)

 

Signature of Participant:______________Date:______________    

 

 

 

 

Adults

CERAMIQUES ELSTERNWICK – CONSENT, RELEASE AND INDEMNITY

 

______________(“I”) as a participant in the Ceramiques Elsternwick Pottery Course (“the Course”), which is facilitated and organised by Ceramiques Elsternwick Pty Ltd (ACN 624 709 280) (“the Organiser/s”), hereby acknowledge and agree to the following:

1)    Participation. I agree to participate in all of the activities of the Course whether organised or run by the Course and its Organisers on its own or in collaboration with any other organisation.

2)    My condition. I agree that I am in good health, I have no physical, mental or emotional conditions that affect my ability to participate in any of the activities involved in the Course, or that may cause a danger to myself and/or to others involved in the Course, and I have not been advised otherwise by a medical practitioner unless notified. I understand and agree that the Organisers are in no way responsible for any costs or medical care associated with any injury or illness I might sustain. In case of medical or surgical emergency, I hereby give permission to the Organisers to obtain or administer any medical assistance or treatment that I may reasonably require, including contacting my doctor.

3)    My Conduct. I agree that I am responsible for my own individual conduct, behaviour, health and safety at all times. I understand that in the event of my misbehaviour or behaviour that poses a danger to others or myself during the Course, I may be prevented from participating in the Course. I further understand that in such circumstances I will be informed of any such decision and that any costs associated with the Course will be my responsibility.

4)    Removal from Course. I agree that the Organisers have the right to remove me from the Course if:

a.          My acts, words, or conduct are, in the Organisers’ sole determination, detrimental to or incompatible with the interests, purpose, goals, or welfare of the Organisers, the Course, or other participants in the Course;

b.          I fail to participate in any portion of the Course;

c.          I fail to disclose, or disclose inaccurate, medical information;

d.          I fail to comply with any rules or regulations imposed by the Organisers, or their employees, servants and agents, including, but not limited to, all terms and conditions of this agreement; or

e.          I fail to comply with the laws of all applicable governmental authorities where present as part of the Course,

and if I am removed from the Course or if I leave the Course early of my own volition, other than as consented to by the Organiser, I will be responsible for all expenses I or they incur from the date of removal or departure and I will not be entitled to a refund of any participation fee already paid.

5)    Assumption of Risks. I acknowledge that my participation in any activities related or unrelated to the Course, including but not limited to physical activities, may be subject to certain hazards, including but not limited to injury or property loss/damage; and further that I am voluntarily participating in the Course and these activities, that I understand the dangers and all risks involved, and that I voluntarily assume all said risks.

6)    No Responsibility of Organiser. I acknowledge that the Organiser assumes no responsibility whatsoever, and shall not be held responsible for the operation, safety, and management of any of the facilities and or equipment, which may be utilised in connection with the Course.

7)    Release and Waiver. I agree to and do hereby forever release and discharge the Organisers; the respective parent, subsidiary, and affiliated entities and/or financial supporters of the Organisers; the service providers for the Course and their respective parent, subsidiary, and affiliated entities, the officers, facilitators, directors, employees, agents, representatives, trustees, contractors, and subcontractors of any of the foregoing; the successors, heirs, and assigns of any of the foregoing; and any person or entity claiming by, through, or under any of the foregoing of and from every right, claim, judgment, liability, action, cause of action, suit, debt, controversy, tort, restitution, fines, interest, fees (including attorney and expert witness fees), expenses, costs, damages, demands or proceedings whatsoever in law, tort, or in equity (“Claims”) arising out of or related to my  participation in the Course which I (or my heirs or assigns, or anyone acting on behalf of or through me or my heirs or assigns) ever had, have, or may hereafter have against the Organisers.

8)    Indemnification. I agree to and shall indemnify, defend, and hold harmless the Organisers from and against any and all Claims arising out of or related to my participation in the Course, whether resulting from my or any other individual’s or entity’s negligence or wilful misconduct, criminal conduct, acts of God, or otherwise regardless of whether the liability therefore is caused by the negligence, fault, or strict liability of the Organiser’s Group or any latent or patent defect in any premises.

9)    Photo/Video Release. I permit the Organisers to use my name in any documents, information or materials produced for public relations or educational purposes.  I agree to permit the Organisers to use photo, video footage, and quotes taken within the Course and to be used at the discretion of the Organisers without compensation.  I understand that the materials including but not limited to those in which my name, quotes, photographs may appear will not include their address, and that this information will not be disclosed to third parties in the course of preparing the information for posting or publishing. I understand that this permission is perpetual in time and that it encompasses, without limitation, any copyright or right of publicity or privacy that I may have in my name, quotes, articles, photographs, video, etc.

 10) Miscellaneous. This document constitutes the entire and exclusive agreement between the Organisers and myself regarding the subject matter hereof, and supersedes all prior negotiations, representations, or agreements, either written or oral.  The language of all parts of this document shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties.

 

I have read this document and I understand its content.  I understand that by signing below, this document constitutes a complete and unconditional release of all liability to the greatest extent allowed by law in the event of me suffering death, injury, sickness, harm (whether physical, mental or otherwise) and/or property loss/damage. I am over eighteen (18) years of age, of sound mind and have voluntarily signed this release freely without any inducement or representation made to me.

 

To the extent that a Claim is unable to be excluded at law, the liability of the Organiser shall be limited to the extent of the insurance cover effected by the Organiser for the incident resulting in my suffering death, injury, sickness, harm (whether physical, mental or otherwise) and/or property loss/damage.

 

 

 

Participant:______________(print name)

 

Signature of Participant:______________Date: ______________