THE FOOT COLLECTIVE – PARTICIPANT RELEASE, WAIVER & INDEMNITY AGREEMENT

 

 

IMPORTANT: By agreeing to this document, you waive certain legal rights, including the right to sue. If I am purchasing on behalf of another person, I confirm that I am authorised to accept this waiver on their behalf and that they have read and agreed to its terms. I understand that TFC may require all participants to sign the waiver in person before taking part. Please read carefully before signing.


1. Definitions

In this Agreement:

  • “TFC” means The Foot Collective Pty Ltd (ABN 16 629 674 004), its directors, officers, employees, agents, independent contractors, and certified TFC Guides.
  • “Event” means any in-person or online session, workshop, class, seminar, certification, or activity organised, promoted, or conducted under the TFC brand.
  • “Facilitator” means any person delivering the Event, whether an employee of TFC or an independent contractor (including certified TFC Guides).
  • “Participant”, “I”, “me” and “my” refers to the undersigned individual taking part in the Event.

2. Acknowledgement of Contractor Status

I understand and acknowledge that some Events may be delivered by independent contractors who are not employees of TFC.

These contractors operate their own businesses and are responsible for their own actions, insurance, and liabilities.


3. Voluntary Participation & Assumption of Risk

I confirm that:

  • My participation is voluntary and I may withdraw at any time.
  • I understand that movement-based activities, even when delivered with care, carry inherent risks, including but not limited to: slips, trips, falls, strains, sprains, soft tissue injuries, and in rare cases, more serious injury.
  • I freely and knowingly assume all such risks, whether caused by the negligence of TFC, its employees, independent contractors, or otherwise.

4. No Medical or Therapeutic Services

I acknowledge that TFC Events are educational and movement-based in nature.

They do not constitute medical advice, diagnosis, or treatment.

Facilitators are not providing clinical services unless expressly stated and lawfully licensed to do so in their professional capacity.


5. Release & Waiver of Liability

To the fullest extent permitted by law, I hereby release, discharge, and hold harmless TFC, its directors, officers, employees, contractors, certified Guides, agents, successors, and assigns from any and all claims, demands, damages, costs, expenses, actions, and causes of action of any kind, whether in law or equity, arising out of or in connection with my participation in the Event, including but not limited to:

  • Personal injury or death;
  • Property damage or loss;
  • Any act or omission (including negligence) of TFC, its employees, contractors, or agents.

This release applies regardless of whether the Event is led by a TFC employee or an independent contractor.


6. Indemnity

I agree to indemnify and keep indemnified TFC and its representatives against any and all claims, demands, damages, costs, and expenses (including legal fees on a full indemnity basis) arising from:

  • My participation in the Event;
  • My breach of this Agreement;
  • My negligence or misconduct;
  • Any claim by a third party arising from my actions during the Event.

7. Fitness to Participate

I confirm that I:

  • Am physically fit and able to participate in the Event;
  • Have disclosed to TFC any relevant medical conditions;
  • Will stop participating and seek medical advice if I experience pain, dizziness, or discomfort.

8. Media Consent (Optional)

I consent / do not consent (circle one) to TFC using photographs, video, or audio recordings of me taken during the Event for promotional, educational, or commercial purposes.


9. Governing Law

This Agreement is governed by the laws of the State of Queensland, Australia, and I submit to the exclusive jurisdiction of its courts.


10. Acknowledgement

I have carefully read and understood this Agreement. I am aware that by signing it, I am waiving certain legal rights which I or my heirs, executors, administrators, and assigns may have against TFC.