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Agreement, Waiver and Release
Agreement, Waiver and Release
This Agreement, Waiver and Release (the “Agreement”) is entered into between SPINDERELLA POLE STUDIO (“Studio”) and me (“I” or “me”) from the date of creating my profile on the enrolment system of the Studio.
In consideration of participating in the courses, workshops, self-practice sessions and/or events (collectively, “Courses”) hosted or offered by the Studio at the fees charged by the Studio, I confirm and acknowledge that I forever release the Studio and its agent from the following legal risks and responsibilities and waive all my right in relation thereto absolutely.
I confirm that I am over 18 years old and have the capacity to enter into this Agreement.
Risk of Pole Dancing
- 1. Pole dancing can be a dangerous sport. There is an apparent risk of suffering from various degrees of injury, including bruises, muscle strain, fractured bones, paralysis and death.
- 2. It is my responsibility and I am advised to exercise my own judgment or consult health professionals as to whether I am suitable for this sport in case of any doubt. I understand that under certain physical conditions (e.g. after alcohol consumption, pregnancy, heart conditions, before and after surgery, etc.), I should not participate in this sport.
- 3. I confirm that I am in good health and am physically suitable to participate in the Courses.
- 4. In view of paragraph 2,the Studio bears no legal obligation and has no liability to advise me on whether my health condition or physical fitness is suitable for participating in the Course. I agree not to hold the Studio liable for any injury suffered by me as a result of taking part in any of the Courses.
Property
- 5. The Studio has no legal obligation to secure and protect my properties brought into the Studio premises. In the event that my properties have been stolen or damaged at the Studio premises, I agree not to hold the Studio liable for my loss and damage.
Exclusion of Liability
- 6. Unless the instructors, agents and/or employees of the Studio are in wilful default or commit fraud, I acknowledge that they (or any of them) do not incur any personal liability arising from organising or participating in whatever ways in the Courses, and agree not to take any legal action against them personally.
Governing law
- 7. This Agreement is governed and interpreted by the laws of the Hong Kong Special Administrative Region.
Severability
- 8. Each of the provisions of this Agreement is severable.
Validity
- 9. This Agreement is valid and legally binding between the Studio and me from the date when I participate in the first Course.
Amendment
- 10. I understand the Studio has the absolute discretion to amend this Agreement and Release by giving at least 1 month’s notice in writing. In the event that I do not agree to any amendment, I acknowledge and agree that I am not entitled to participate in any of the Courses.
Miscellaneous
- 11. I fully understand the legal consequences of this Agreement. I am advised to seek my independent legal advice before enroling in any of the Courses. I understand and agree that it is my sole responsibility to understand this Agreement and Release before participating in any of the Courses.
- 12. This Agreement constitutes the entire agreement between the Parties relating to its subject matter. I confirm that I am not relying upon any statement or representation made by or on behalf of the Studio, whether or not in writing, at any time prior to enroling in any Course.
No Refund
- 13. I agree that once payment has been made to the Studio, there will be no refund under any circumstances, except otherwise agreed between the Studio and me.