THE POLE ROOM PTY LTD (“TPR”) – TERMS AND CONDITIONS/WAIVER

1. Please review these Terms and Conditions carefully as by agreeing to this document you:
   1. 1. acknowledge and agree to be bound by the Terms and Conditions herein; and
      2. agree that a contract is formed between you as the customer of TPR (“Customer”) and TPR in respect of the Recreational Services as defined hereunder.
2. "TPR” means The Pole Room Pty Ltd (ACN 609 455 478), The Pole Room CBD Pty Ltd (ACN 624 858 484) & The Pole Room Mitcham (ACN 624 859 105) trading as “The Pole Room” at all of its locations and all of its members, managers, officers, directors, owners, employees, agents contractors, subcontractors and agents (together, the “TPR Parties”) as the supplier of Recreational Services as defined hereunder. 
3. “Recreational Services” includes but is not limited to pole dancing training (including observing, participating and assisting other customers), lyra classes, silks classes, private use of pole facilities at our studios, attendance and participation in events including Hens Nights and general fitness classes and services provided by TPR. 

WAIVER AND RELEASE OF LIABILITY

As the Customer I hereby acknowledge and agree to the following as a condition of my participation in the Recreational Services:

1. The Recreational Services are inherently dangerous by their nature and it is not reasonable for TPR to make me aware of every possible risk, injury, loss or damage that may result from the use and enjoyment of any of the Recreational Services.
2. The activities conducted in respect of or in connection to the Recreational Services place unusual stress and damage on the body and participation is not recommended by anyone who suffers any disability or condition which may affect their ability to participate in such activities including without limitation, asthma, epilepsy, cardio disorders, respiratory disorders, hypertension, skeletal, joint or ligament problems or conditions and certain mental illnesses.
3. I have been advised and have had a chance before using any of the Recreational Services to consult a medical practitioner about the risks of the Recreational Services and my adequacy to participation, use and enjoyment of any of the Recreational Services.
4. The Recreational Services are not designed for and should not be used by anyone who is pregnant or suspects that they are pregnant.
5. I understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substances before or during the Recreational Services, and I take full responsibility for any injury, loss or damage associated with their consumption.  TPR will not be held responsible for any injury or death caused as a result of any Customer being intoxicated prior to or whilst participating in the Recreational Services. 
6. By using any of the Services, I acknowledge and agree that I may be subject to any and all manner of injuries including the possibility of:
   1. death; or
   2. a physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual); or
   3. the contraction, aggravation or acceleration of a disease of an individual; or
   4. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:
      1. that is or may be harmful or disadvantageous to the individual or community; or
      2. that may result in harm or disadvantage to the individual or community.

resulting from or in connection to:

1. 1. the Recreational Services or any equipment used as part of the Recreational Services; or
   2. actions or omissions of any other person’s participation, use and/or enjoyment of the Services or the delivery of the Recreational Services; or
   3. any failure or misuse of any protective gear or equipment used as part of the Recreational Services; or
   4. my failure to follow any and all instructions and directions of TPR and any representative of TPR; or
2. Any use of any of the premises used as part of the Recreational Services. I hereby release and agree to indemnify and hold harmless the TPR Parties from any liability for any of the injuries described in paragraph 9 herein arising from:
   1. the Recreational Services not being supplied by the TPR Parties with due care and skill;
   2. the Recreational Services provided by the TPR Parties not being reasonably fit for their purpose; the TPR Parties not providing an acceptable quality of equipment fit for use; and
   3. any allegations or charges of negligent acts or omissions on the part of the TPR Parties, save for any gross negligence on the part of the TPR Parties which is specifically excluded from this exclusion of liability clause. 

GUARANTEES IN RECREATIONAL SERVICES CLAIMS UNDER THE ACL (VIC) AUSTRALIAN CONSUMER LAW AND FAIR TRADING REGULATIONS 2012 - REG 6

Limitation of liability in relation to supply of recreational services

(1) For the purposes of section 22(2)(c)(i) of the Act, a term excluding, restricting or modifying the application of, the exercise of a right conferred by, or any liability of a supplier for a breach of, the guarantees set out in sections 60 and 61 of the Australian Consumer Law (Victoria) or that has that effect must contain the following prescribed particulars— 

(a) if the term is contained in or on a sign displayed at the place at which the recreational services are being supplied, include the warning and note set out in Schedule 2 in a form that complies with subregulation (2); and 

(b) if the term is contained in or on a notice given to the purchaser, include the warning and note set out in Schedule 2; and 

(c) if the term is contained in a form to be signed by the purchaser, include the warning and note set out in Schedule 3. 

(2) For the purposes of subregulation (1)(a), the warning and note must be in a font size at least equal to the largest font size used elsewhere in the sign, excluding the name or logo of the supplier. 

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING REGULATIONS 2012 - SCHEDULE 2

REGULATION 6

WARNING: If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and 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 notice. 

NOTE: The change to your rights, as set out in this notice, 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 an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING REGULATIONS 2012

SCHEDULE 3

If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-

• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this form.

NOTE: The change to your rights, as set out in this form, 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 an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.