Terms & Conditions
Jenna Rose Designs & Herform Terms and Conditions Effective Date: 16.08.2022
These terms and conditions outline the rules and regulations for services at Jenna Rose Designs & Herform Pilates. By booking with us, you are agreeing to accept these terms and conditions.
Section 1: Using our Services
When booking with Jenna Rose Designs & Herform Pilates, it is recommended that you wear old clothes that you do not wish to be damaged as you will not be offered aprons to wear due to the pilates aspect of the workshop. In the event that materials, such as paint and water, marks your clothing in areas that are not protected, Jenna Rose Designs & Herform will not be liable for any damages caused to your clothing.
Jenna Rose Designs use a range of paints during the workshop. All brands have been certified and claimed safe for all users. When booking with Jenna Rose Designs & Herform, you are agreeing that we will not be liable for any incidences, inclusive of allergic reactions and/or anaphylaxis, that will occur when using our products.
Waiver, Release, Risk Warning, and Acknowledgement of Risk Herform
(ABN 61425153789) (hereinafter "Provider")
TRAINER NAME: Rachael Noble
THIS WAIVER (hereinafter "Waiver") relates to the Participant's participation in the following activity (hereinafter "Fitness Activity"): Boutique Pilates Classes for Mums (child-friendly). The Fitness Activity is provided by the Provider. In consideration for the Provider allowing the Participant to take part in the Fitness Activity, the Participant and the Guardian agree to the terms set out in this Waiver.
(1) Participant's Health and Pre-existing Conditions.
I acknowledge that none of the below statements are true:
I have a heart condition
I suffer from pain in my chest when I do Fitness Activities
I have bone, muscle or joint problems
I suffer from dizziness and lose balance and/or consciousness I am on medication for blood pressure or a heart condition
If one, or multiple of the above statements are true, I will seek approval from my Doctor to participate in this Fitness Activity. I will discuss further and make my instructor aware of any pre-existing health conditions, including being pregnant or postpartum, injuries or health disorders.
I am aware that I am required to inform the provider in writing of any changes to my health, or of any condition that may affect my ability to engage in Fitness Activity, prior to the commencement of a session.
(2) Please carefully review each section below. By signing the form, you confirm that you understand and agree to the relevant section:
Herform classes may involve a number of exercises or activities including but not limited to: Pilates, cardiovascular training, light resistance and bodyweight training, high intensity interval training.
There are significant elements of risk in Pilates, as well as in any sports or exercise associated with the indoor or outdoor use of equipment incidental thereto. I acknowledge that the following describes some, BUT NOT ALL, of those risks: risks of personal injury, accidents and/or illness, including but not limited to sprains, torn muscles and/or ligaments, fractured or broken bones, eye damage, cuts, wounds, scrapes, abrasions and/or contusions, dehydration, oxygen shortage (anoxia), and/or exposure, head, neck, and/or spine injuries, allergic reaction, shock, paralysis or death. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, heart attack, stroke.
I warrant and represent that I understand the nature of the Fitness Activity and the risks involved with it.
I acknowledge and understand that I am choosing voluntarily to take part in the Fitness Activity and that I am free to refuse to participate in it at any time.
I warrant and represent that I am in good health and physical condition.
I warrant and represent that I do not suffer from any health condition which may affect my ability to safely participate in the Fitness Activity.
I acknowledge and agree that if I have any concerns or reservations about my health or my ability to participate safely in the Fitness Activity, I must take advice from a medical professional before taking part in the Fitness Activity.
I warrant and represent that if at any time I believe that the conditions of the Fitness Activity are unsafe for me (taking into account my own health and physical circumstances), I will immediately stop taking part in the Fitness Activity.
I understand that if I feel faint, dizzy, nauseous, or lightheaded, or experience chest pain or any other pain or discomfort, I must stop the Fitness Activity immediately and notify the Provider or a member of the Provider's staff.
I agree that I know my own body better than anyone else does and it is ultimately up to me to decide if the conditions of the Fitness Activity are unsafe for me, and to speak up if I have concerns.
I agree that my child (if applicable) and I will comply with the Provider's rules and any directions given to me by the Provider or the Provider's staff members.
I warrant that I will compensate the Provider for any damage which my child or I may cause to the venue or the Provider's equipment as a result of my or my child’s recklessness or negligence.
I acknowledge that the Provider or the Providers staff are not responsible for the safety of my child/children whilst I am taking part in the Fitness and Art Activity. I am aware that my child remains my responsibility throughout the Fitness Activity and that the Provider or the Providers staff does not assume any responsibility for childcare.
I understand that participation in the Fitness Activity, while pregnant or immediately following a pregnancy, may increase the risk of injury to myself and, if applicable, to my unborn child. I confirm that I have consulted with my doctor regarding my participation and the risks I may encounter, and he/she has given me permission to participate in these Fitness Activities.
I acknowledge that I am at least six weeks postpartum following an uncomplicated vaginal delivery or at least eight weeks following a caesarean delivery and have obtained clearance to exercise from my OB/Gyn, Doctor or midwife.
I understand that the level of my participation in the Fitness Activity and the exercises to perform must be determined by me, in consultation with my doctor and that the provider and its staff are not responsible for the intensity of my participation.
I understand that the Provider and its staff are not doctor’s, nurse’s or health professionals, and that they are not undertaking any responsibility regarding my medical condition(s).
I will discontinue the Fitness Activity and will consult with my Doctor immediately should my medical situation change (e.g. pain, bleeding, discharge or cramps) about continuing or resuming participation in this Fitness Activity.
I, on behalf of myself, my heirs, assigns, administrators, executors and next of kin hereby irrevocably and unconditionally waive any and all claims, expenses, causes of action, debts, demands, damages, or other liabilities whatsoever (hereinafter "Liabilities"), whether direct or indirect, and whether known or unknown that I may have now or in the future against the Provider, together with any coaches, trainers, teachers, instructors, officers, employees, directors, trustees, agents, contractors, assignees, successors or other representatives of the Provider (hereinafter "Provider's Representatives"). I hereby release the Provider and the Provider's Representatives from any such Liabilities which I may have or may at any time incur against the Provider or any of the Provider's Representatives, whether direct or indirect, and whether known or unknown, and whether in contract, tort, equity or otherwise, except Liabilities arising out of gross negligence by the Provider or the Provider's Representatives.
I, on behalf of myself, my heirs, assigns, administrators, executors and next of kin hereby irrevocably and unconditionally, release, discharge, indemnify, and keep indemnified, the Provider, together with any of the Provider's Representatives, from any and all Liabilities, whether direct or indirect, and whether known or unknown, which the Provider or the Provider's Representatives may incur now or in the future in connection with my participation in the Fitness Activity.
I authorise the Provider and the Provider's staff to provide first aid, to seek emergency medical support and/or to transport me to a medical facility in the event that I suffer an injury or medical emergency at any time. I acknowledge and accept that I will be responsible for any medical expenses that are incurred.
I authorise the Provider and the Provider's staff to take photographs or videos of me while participating in the Fitness Activity and to use such photographs or videos for promotional purposes including use on social media or other websites. I understand that if I do not want photographs or videos of me or my child to be used by the Provider for promotional purposes, then I must notify the Provider of this in writing.
Applicable Law: This Waiver shall be governed in all respects by the laws of Western Australia and any applicable federal law. Should a provision of this agreement or portion thereof be found invalid or void as against public policy by any court of competent jurisdiction, the remainder of this agreement shall nonetheless remain in full force and effect.
I have read and understood this Waiver in its entirety. I acknowledge that by signing this Waiver I am giving up certain legal rights which I may have against the Provider, including the right to sue. I am assuming all risk and taking full responsibility for my child (if applicable), any personal injuries, death, loss or damage to property, liabilities or other losses which I might incur in relation to the Fitness and Art Activity, and I am engaging in the Fitness and Art Activity at my own risk.
Section 2: Cancellations & COVID-19
Jenna Rose Designs can only provide a full refund when the notice provided is at least ten (10) days.
If you find yourself unable to attend within 10 days of the workshop, you can give or gift your ticket to another recipient, however the pre-printed 3D name cannot be changed. Please email email@example.com if you need to cancel or transfer your ticket to someone else.
Jenna Rose Designs takes no responsibility for the safety and wellbeing of your child.
Jenna Rose Designs takes no responsibility for any damage made to your clothing during the creative process.
In the event that a participant is contracted or is in close contact with someone with COVID-19, please refer to the above. When you book at Jenna Rose Designs, you agree to these terms.
Section 3: Modifications to the Services and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5: Changes to Terms and Conditions
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 6: Contact Information
Questions about the Terms and Conditions should be sent to firstname.lastname@example.org.