Hirschfeld Holdings Pty Ltd trading as Aqua Sculpt, ABN 73 668 606 148. 
GAG RILEY (CAIRNS) BUSINESS COMPANY PTY LTD trading as Crystalbrook Riley Cairns, ABN 87 630 601 713

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By participating in any activities organised or conducted by Hirschfeld Holdings Pty Ltd trading as Aqua Sculpt™ and GAG RILEY (CAIRNS) BUSINESS COMPANY PTY LTD trading as Crystalbrook Riley Cairns, I, the undersigned participant, acknowledge and agree to the following terms and conditions:
 
1. Assumption of Risk: I understand that participating in an Aqua Sculpt experience involves certain inherent risks and dangers, including but not
limited to accidents, injury, illness, or property damage. I voluntarily assume all such risks associated with my participation.
2. Physical Condition: I will attend the class in a non-intoxicated state, and the instructor reserves the right to refuse entry should I be found to be under the influence. I confirm that I am physically fit and have no medical conditions or injuries that would prevent me from participating in an Aqua Sculpt
experience. I agree to disclose any relevant medical conditions or limitations to Aqua Sculpt before participating.
3. Pregnant Participant for Floating Fitness (Yoga, Pilates or Stretch): Floating fitness sessions are not suitable for pregnant participants and participation is not permitted unless expressly approved in writing by Aqua Sculpt in advance and cleared by the participant’s treating medical practitioner. 

4. Pregnant Participant for Floating Sound Baths: While sound baths are generally safe for pregnant people, and the water element can be especially
soothing and supportive for pregnancy, there are a few things to consider. i) Sensitivity to Sound & Vibrations - you may be more sensitive to the deep vibrations, which could feel intense or overwhelming. ii) Comfort & Positioning - lying on the back for extended periods, especially in later pregnancy, can be uncomfortable and not recommended due to circulation concerns. We recommend that you choose a ticket option where you can be seated or reclined. iii) Emotional Release – Sound baths can bring deep relaxation and emotional release, which may feel stronger during pregnancy due to hormonal changes. Pregnant participants may attend floating sound bath sessions only if they are comfortable doing so and have consulted their treating medical practitioner where appropriate. Participants should notify staff in advance of pregnancy or any pregnancy-related concerns.

5. Release of Liability: To the fullest extent permitted by law, I release and discharge the Released Parties from liability for loss, damage, injury or death
arising from my participation in the activity, including loss caused by the ordinary negligence of the Released Parties, except to the extent such liability
cannot lawfully be excluded. Nothing in this waiver excludes, restricts or modifies any rights or remedies that cannot be excluded under applicable law,
including the Australian Consumer Law. Released Parties” means Hirschfeld Holdings Pty Ltd trading as Aqua Sculpt, GAG RILEY (CAIRNS) BUSINESS
COMPANY PTY LTD trading as Crystalbrook Riley Cairns, and each of their officers, employees, contractors, agents and affiliates.
6. Waiver of Claims: I waive and relinquish all claims and rights I may have against Hirschfeld Holdings Pty Ltd trading as Aqua Sculpt or GAG RILEY
(CAIRNS) BUSINESS COMPANY PTY LTD trading as Crystalbrook Riley Cairns out of my participation in an Aqua Sculpt experience, including claims
for negligence, breach of warranty, or any other cause of action.
7. Indemnification: I agree to indemnify and hold harmless Hirschfeld Holdings Pty Ltd trading as Aqua Sculpt or GAG RILEY (CAIRNS) BUSINESS
COMPANY PTY LTD trading as Crystalbrook Riley Cairns, its owners, instructors, employees, and agents from any and all claims, damages, costs,
or expenses, including legal fees, arising out of my participation in aqua fitness classes.
8. Photographic Release: I grant Hirschfeld Holdings Pty Ltd trading as Aqua Sculpt or GAG RILEY (CAIRNS) BUSINESS COMPANY PTY LTD trading as
Crystalbrook Riley Cairns the right to use photographs, videos, or other media taken during an Aqua Sculpt experience for promotional purposes without
compensation. 
9. Severability: If any provision of this liability waiver is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and
enforceable to the fullest extent permitted by law. 
10. Adults Only: Participants must be of the age 18 years and older.​​

IMPORTANT: PLEASE OBSERVE ALL RULES AND POSTED SIGNS AND WARNINGS.  NO LIFEGUARD IS ON DUTY.  PATRONS ASSUME THE RISK FOR ANY INJURIES SUSTAINED WHILE USING THE POOL FACILITIES.  PLEASE PRACTICE WATER SAFETY AND COURTESY.

I have read this liability waiver carefully and understand its contents. I voluntarily agree to be bound by its terms and conditions. I acknowledge that I am signing this waiver freely and without any undue influence.