TFC Event Participant Release Waiver

 

IMPORTANT: By agreeing to this waiver, you waive certain legal rights, including in some circumstances the right to sue. Please read carefully before ticking the box at checkout.

1. Definitions

In this Waiver:

  • "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 individual taking part in the Event.

2. Acknowledgement of Contractor Status

Some Events may be delivered by independent contractors (certified TFC Guides) who are not employees of TFC. These contractors operate their own businesses and are responsible for their own actions, insurance, and liabilities. TFC is the owner of the TFC brand.

For Events delivered at third-party venues by a TFC-certified Guide under TFC's prior written approval ("Registered Partner Events"), the Guide is the event organiser and the venue is operated by a third party. TFC is the brand licensor for Registered Partner Events and is not the venue operator or event organiser in those circumstances.

3. Voluntary Participation and Assumption of Risk

I confirm that:

  • My participation in the Event 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 or death
  • I freely and knowingly assume all such risks, whether arising from 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, clinical assessment, diagnosis, or treatment. Facilitators are not providing clinical services in their capacity as TFC Guides.

5. Release and Waiver of Liability

To the fullest extent permitted by applicable 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.

This release does not apply to liability that cannot be excluded under applicable consumer protection legislation, including:

  • Australia: liability under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) for non-excludable consumer guarantees
  • United Kingdom: liability for death or personal injury caused by negligence (excluded by UCTA 1977 s.2(1)) and rights under the Consumer Rights Act 2015
  • EU member states: mandatory consumer protection rights under applicable national law, including in Germany (§309 BGB), France (Code Civil), and equivalent national provisions

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 Waiver
  • 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
  • I have disclosed to TFC or the Facilitator any relevant medical conditions, injuries, or physical limitations that may affect my ability to participate safely
  • I will stop participating immediately and seek medical advice if I experience pain, dizziness, discomfort, or any concerning symptoms

8. Governing Law and Jurisdiction

This Waiver is governed by the laws of the State of Queensland, Australia. To the extent required by applicable mandatory law in the jurisdiction where the Event is held, local consumer protection laws apply.

9. Purchasing on behalf of another person

If you are purchasing a ticket for another person, ticking the box at checkout confirms that:

  • You have made the participant aware of this waiver and its full contents
  • You have no reason to believe the participant is unable to safely participate in physical movement activities
  • You understand that a physical copy of this waiver must be signed by the participant individually before they enter the event space

A participant who has not signed a physical waiver on the day cannot enter the event, regardless of whether a ticket has been purchased.

10. Privacy

Information you provide during the purchase of this ticket is handled in accordance with TFC's Privacy Policy at https://thefootcollective.com/policies/privacy-policy.