Participant Waiver

The Winter Session · Session 001

Event: Burn & Beats · The Winter Session · Session 001

Date and venue: Friday 28 August 2026, Suma Park, The Stables, 2135 Bellarine Highway, Marcus Hill VIC 3222

Organiser: Elissa Holloway trading as Burn & Beats, ABN 61370743557 (“the Organiser”, “we”, “us”)

Participant: the person named on the ticket/booking (“you”)

1. What this event involves

Burn & Beats is a group mat pilates class delivered with live, amplified music in an indoor venue. By purchasing a ticket and attending, you acknowledge that the event involves:

•     Sustained, physically demanding exercise, including floor-based movements, planks, balancing and stretching;

•     Exercise on a mat over a hard concrete floor;

•     Reduced and coloured lighting during the session;

•     Loud amplified music throughout the event;

•     Movement in proximity to other participants in a shared space.

2. Assumption of risk

You acknowledge that participating in physical exercise carries inherent risks that cannot be entirely eliminated even with reasonable care, including muscle strains and sprains, joint injuries, falls, collision with other participants or objects, aggravation of pre-existing injuries or medical conditions, temporary effects of loud music on hearing, and, in rare cases, serious injury. You voluntarily accept these risks by participating.

3. Your declaration of fitness

By accepting this waiver you declare that:

•     You are at least 18 years of age;

•     You are physically able to participate in a moderate-to-high intensity mat pilates class;

•     You are not aware of any medical condition, injury or other circumstance (including pregnancy) that makes participation unsafe for you, or, if you are, you have obtained advice from a medical practitioner that you may participate and you accept responsibility for that decision;

•     You will inform the instructor before the class of any injury, condition or limitation that may affect your participation;

•     You will work within your own limits, modify or skip movements as needed, and stop and alert staff immediately if you feel pain, dizziness, chest discomfort or unwellness.

4. Warning under the Australian Consumer Law and Fair Trading Act 2012 (Vic)

If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.  

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-

·        are rendered with due care and skill; and

·        are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and

·        might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

5. Release and indemnity

To the maximum extent permitted by law (including the Australian Consumer Law and the Australian Consumer Law and Fair Trading Act 2012 (Vic)), you release the Organiser, its contractors (including the pilates instructor and DJ), the venue owner and their respective employees and agents (together, “the Released Parties”) from all claims, liability, loss or damage (including for negligence) arising out of or in connection with your participation in the event, including personal injury, illness or death, except to the extent caused by the reckless conduct of a Released Party or to the extent liability cannot lawfully be excluded.

You indemnify the Released Parties against loss or damage they suffer arising from your breach of this waiver or your negligent or unlawful conduct at the event.

6. Medical treatment

If you are injured or become unwell at the event, you consent to receiving first aid and, if reasonably considered necessary, emergency medical treatment and transport. You are responsible for any associated costs (ambulance cover is recommended).

7. Photography, video and marketing

The event will be professionally photographed. Video content will focus on arrivals, departures and the venue before and after the session; we will not film the class itself. Content may capture you as a participant. By attending, you consent to the Organiser using photographs and footage that include your image, on an unpaid basis, for Burn & Beats marketing and promotional purposes, including social media, website, advertising and press.

If you do not wish to appear in marketing content, tell us at check-in on the night and we will provide a means of identifying you to the content team so you can be excluded from close-up shots. Wide crowd shots may still include you incidentally.

8. Event conditions

•     You must follow the reasonable directions of the Organiser, instructor and venue staff at all times;

•     The Organiser may refuse entry to, or remove, any person who is intoxicated, unsafe or disruptive, without refund;

•     You are responsible for your personal property; the Released Parties are not liable for lost, stolen or damaged property except where liability cannot be excluded;

•     The event may be rescheduled or modified for reasons including weather, safety or supplier availability. Refund and transfer terms are set out in the Ticket Terms and Conditions on the booking page.

9. Privacy

Personal information collected in your booking and this waiver is handled in accordance with our privacy policy and used to administer the event, communicate with you about it, and (with your consent) send you Burn & Beats news.