Hirschfeld Holdings Pty Ltd trading as Aqua Sculpt, ABN 73 668 606 148. 

Five Seasons VI (A) Pty Ltd, ABN 98 611 573 749

By participating in any activities organised or conducted by Hirschfeld Holdings Pty Ltd trading as Aqua Sculpt and Five Seasons VI (A) Pty Ltd, Marriott & its affiliates at the Sheraton Grand Mirage Resort Port Douglas, I, the undersigned participant, acknowledge and agree to the following terms and conditions:

• 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.

• 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.

• Pregnant Participant for Floating Fitness (Yoga, Pilates or Stretch): Your safety and well-being are important to us and we do not recommend our floating fitness sessions during pregnancy. For that reason we unfortunately cannot accept participants who are pregnant. Please note the following guidelines: a) Participation at Your Own Risk: All participation during pregnancy is solely at your own risk. Should you choose to avoid our advice and without our knowledge participate in one of our sessions, you acknowledge that you have read and understood this information and that you assume full responsibility for any risks associated with your participation during pregnancy. 

• 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: Sensitivity to Sound & Vibrations, you may be more sensitive to the deep vibrations, which could feel intense or overwhelming. 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. Emotional Release – Sound baths can bring deep relaxation and emotional release, which might feel stronger during pregnancy due to hormonal changes. Medical Conditions – If you have a high-risk pregnancy or any concerns, please consult with your doctor or midwife before attending. You must complete a pregnancy waiver to confirm you have no health concerns with your pregnancy.

• Release of Liability: I hereby release Aqua Sculpt and Sheraton Grand Mirage Resort Port Douglas, its owners, instructors, employees, agents and partners from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by me during my participation in an Aqua Sculpt experience.

• Waiver of Claims: I waive and relinquish all claims and rights I may have against Hirschfeld Holdings Pty Ltd trading as Aqua Sculpt or Five Seasons VI trading as Sheraton Grand Mirage Resort Port Douglas out of my participation in an Aqua Sculpt experience, including claims for negligence, breach of warranty, or any other cause of action.

• Indemnification: I agree to indemnify and hold harmless Hirschfeld Holdings Pty Ltd trading as Aqua Sculpt or Five Seasons VI trading as Sheraton Grand Mirage Resort Port Douglas, 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.

• Photographic Release: I grant Hirschfeld Holdings Pty Ltd trading as Aqua Sculpt or Five Seasons VI trading as Sheraton Grand Mirage Resort Port Douglas the right to use photographs, videos, or other media taken during an Aqua Sculpt experience for promotional purposes without compensation. All photography and videography taken at the Sheraton Grand Mirage Resort Port Douglas in addition to promotional materials used to promote the services at the hotel must comply with Marriott International hotel guidelines and therefore be reviewed by the hotel and approved before distribution. In addition, all talent partaking in photography for the use of the event, must sign a Marriott International model and photography usage rights form before distribution.

• 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.

• Children: Participants must be of the age 16 years and older, children are not permitted to partake. Should you participate in one of our Aqua Sculpt experiences without our knowledge, you acknowledge that you have read and understood this information and that you assume full responsibility for any risks.

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Pool Safety Management Plan Acknowledgment for Non-resident guests- Sheraton Grand Mirage Port Douglas 

In accordance with the Resort Pool Safety Management Plan, no unregistered guests or visitors of registered guests are permitted in the pools without the express permission of resort Management. Person/s found to be located within the Lagoons precinct without permission will be asked to vacate without delay. 

The Resort Lagoons contain chlorinated saltwater with the exception of the Freshwater chlorinated town water pool, adjacent to the Lagoon bar. 

For the safety and comfort of all guests, activities such as jumping or diving into the pool and any other activity the resort deems potentially disruptive to the normal enjoyment or safety of the area by other lagoon users is not permitted.  All lagoon users accept that resort staff may be required to instruct users to follow safety directions. 

The enjoyment of our lagoon pools involves caution. The lagoons surrounding the property are designed with various depths and are sign posted to indicate the relevant depth at that point. Shallow ends are experienced on the outer edges of the pools, which gradually progress to deeper depths as you approach the centre. In the event you find yourself in the deep end, swimming towards the outer edges of the pools will enable you to find the shallow points. Heightened vigilance and supervision of children is paramount by a parent or guardian during any time relaxing or transiting through these areas.  

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.