Booking terms & waiver.

Version 2026-05-04

Governing law: New South Wales, Australia

1. Application

These terms apply to your participation in any class, course, private lesson, hire, event or other service (“Activity”) offered by Flamingle Dance Fit (“we”, “us”, “Flamingle”). By confirming your booking via the link in your booking email, or by participating in any Activity, you (“you”, “Participant”) agree to these terms.

2. Recreational services — exclusion of liability for personal injury

The Activities are recreational services within the meaning of:

1. section 139A of Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law); and
2. section 28 of the Fair Trading Act 1987 (NSW).

This notice is given in the form, and for the purpose, contemplated by section 139A of the Australian Consumer Law and section 28 of the Fair Trading Act 1987 (NSW).

3. Waiver of contractual duty of care — Civil Liability Act 2002 (NSW) s 5N

The Activities are recreation services within the meaning of section 5N of the Civil Liability Act 2002 (NSW).

Under section 5N, a term of a contract for the supply of recreation services may exclude, restrict or modify any liability resulting from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.

You agree that any express or implied warranty that the Activities will be rendered with reasonable care and skill is excluded, restricted and modified to the maximum extent permitted by section 5N of the Civil Liability Act 2002 (NSW).

4. Acknowledgement of risks — dangerous recreational activity

You acknowledge that pole, chair and dance fitness are dangerous recreational activities within the meaning of section 5K of the Civil Liability Act 2002 (NSW) involving a significant risk of physical harm.

You acknowledge that the Activities involve, among others, the following obvious risks (within the meaning of section 5F):

1. falls from height, including from poles, chairs, lyras and other apparatus, and during climbs, inversions, drops, transitions and dismounts;
2. impact injuries from contact with poles, chairs, walls, mirrors, floors, equipment, props or other participants;
3. musculoskeletal injuries including sprains, strains, tears, dislocations, fractures, joint and ligament damage, hyperextension, pinched nerves and back, neck or shoulder injury;
4. skin injuries including bruising, friction burns, pole-burn, abrasions, lacerations, blisters and pressure marks;
5. cardiovascular and exertion-related events, including overexertion, dehydration, heat-related illness, fainting, dizziness, nausea or pre-existing condition aggravation;
6. catastrophic injury or death, including from inverted falls, head and spinal injury;
7. injuries arising from equipment failure, slippery surfaces, residue from skin products, or sub-optimal grip; and
8. psychological harm or distress from any of the above.

These are obvious risks of dangerous recreational activities. Under sections 5G, 5H and 5L of the Civil Liability Act 2002 (NSW), you are presumed to be aware of these risks, we are not required to warn you of them, and we are not liable for harm you suffer as a result of the materialisation of an obvious risk of a dangerous recreational activity.

You voluntarily assume all such risks.

5. Health and fitness representations

You represent and warrant that:

1. you are over 18 years of age (or, if a minor, this waiver has been read, agreed and signed by your parent or guardian);
2. you are physically and mentally fit to participate;
3. you have disclosed to us, in writing, all injuries, illnesses, surgeries (current or recent), medications, allergies, disabilities, pregnancy or post-natal status, and any other condition that may affect your ability to participate safely;
4. you will update us in writing before each Activity if any of the matters in (c) change;
5. you will inform the instructor immediately if you experience pain, dizziness, breathlessness or any other distress; and
6. where you are uncertain about your fitness to participate, you have obtained, and will follow, medical advice before participating.

You acknowledge that we rely on these representations and may refuse or terminate your participation if any representation is or becomes untrue.

6. Release and discharge

To the maximum extent permitted by law, you release and discharge Flamingle Dance Fit, its owners, directors, employees, instructors, contractors, sub-licensees, volunteers and agents (the “Released Parties”) from all claims, suits, actions, demands, costs and expenses (including legal costs on an indemnity basis), damages or liabilities of any kind, whether arising in contract, tort (including negligence), under statute or otherwise, that you, or any person claiming through you, have or may have against any of the Released Parties, arising out of or in connection with:

1. your participation in any Activity;
2. the materialisation of any of the risks set out in clause 4; or
3. any breach by us of any consumer guarantee, warranty or duty of care in connection with the Activities,

to the extent that the claim relates to death, physical or mental injury, contraction or aggravation of disease, or any other matter described in clause 2.

This release is given for the benefit of, and may be enforced by, each of the Released Parties.

7. Indemnity

You indemnify, and keep indemnified, the Released Parties from and against any claim made by any third party (including a person claiming through you) arising from or in connection with your participation in any Activity or your breach of these terms, except to the extent the claim is caused by the gross negligence or wilful misconduct of a Released Party.

8. Studio rules and safety

You agree:

1. to follow all directions of instructors and studio staff at all times;
2. to use poles, chairs and other equipment only as instructed and within your demonstrated capability;
3. not to attempt new tricks, inversions or transitions without the supervising instructor's permission;
4. not to apply oils, lotions, moisturisers, fake-tan, perfume or hair products to skin that will contact the pole or apparatus;
5. to wear clothing and footwear appropriate to the Activity, with sufficient bare skin for grip in pole classes;
6. to remove jewellery, watches and piercings that may injure you, others or the equipment;
7. not to participate while affected by alcohol or non-prescribed drugs, or while sleep-deprived to a degree that affects safety;
8. to arrive on time — late entry may be refused for safety reasons (no refund applies); and
9. to treat instructors, staff and other participants with courtesy and respect.

We may refuse entry to, suspend or remove from any Activity any person whose conduct presents a risk to themselves or others, or whose conduct is incompatible with the safe and respectful operation of the studio. Class fees forfeited in such circumstances are not refundable.

9. First aid and emergency treatment

You consent to a Released Party administering first aid as they reasonably consider necessary, and arranging emergency medical treatment (including by ambulance) if they consider it necessary. You agree to pay all costs of ambulance transport, hospital treatment and other medical care provided to you, and acknowledge that we do not provide ambulance cover or medical insurance for participants.

10. Bookings, payment and cancellation

1. Your place is held when you confirm via the link in your booking email.
2. Class fees are payable on or before the day of the class by the method advised when booking.
3. Cancellations made more than 24 hours before the scheduled start time will receive a credit or refund.
4. Cancellations made within 24 hours of the scheduled start time, or no-shows, are not refundable.
5. We may cancel or reschedule a class with notice. In that event you will receive a credit transferable to a future Activity, or a refund where a credit is not reasonably practicable.

11. Media — separable

By accepting these terms, you grant Flamingle Dance Fit a non-exclusive, royalty-free, worldwide, perpetual (subject to withdrawal under this clause) licence to take, use, reproduce, edit, publish and communicate photographs, video and audio recordings of you taken in classes, performances, events or otherwise at or in connection with the studio, for the studio's marketing, promotional and educational purposes — including on the studio website, social media accounts, printed materials and third-party platforms used to promote the studio.

Withdrawal operates prospectively only: from the date we receive your notice, we will not take or publish further recordings of you, and we will use reasonable efforts to remove existing recordings of you from channels we directly control. Withdrawal does not:

1. require us to recall, retract or remove material already shared, syndicated or republished by third parties before we receive your notice; or
2. affect the validity of any use made before we receive your notice.

12. Privacy

We collect and hold the personal information you provide (including name, contact details, emergency contact, and the health information you disclose under clause 5) for the purposes of managing bookings, providing the Activities safely, and complying with our legal obligations. We handle personal information in accordance with the Privacy Act 1988 (Cth) (where applicable) and applicable NSW privacy laws.

We do not sell or disclose personal information except:

1. to instructors and staff who need it to provide the Activities safely;
2. to medical or emergency personnel as needed under clause 9;
3. to insurers, lawyers, regulators and authorities as required by law or to defend a claim; or
4. with your consent.

You may request access to, correction of, or deletion of your personal information by writing to hello@flamingle.com.au. Records relating to a confirmed booking and any incident may be retained for the period required to satisfy our legal and insurance obligations.

13. Confirmation record

When you click the confirmation link in your booking email, we record:

1. the date and time of confirmation;
2. the IP address and browser user-agent of the device used to confirm;
3. the version of these terms in force at that time.

This record is evidence of your acceptance of these terms.

14. Variation

We may amend these terms from time to time by publishing an updated version at flamingle.com.au/terms.html. The version that applies to a booking is the version in force, and recorded against that booking, at the time of confirmation under clause 13.

15. Severability

If any provision (or part of any provision) of these terms is held to be invalid, illegal or unenforceable, that provision (or part) is severed and the remainder of these terms continues in force. The parties intend each clause and sub-clause to operate to the maximum extent permitted by law.

16. Governing law and jurisdiction

These terms are governed by the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

17. Acknowledgement