Participation Agreement
Liability Waiver & Informed Consent
Please read this Participation Agreement carefully before attending any infant massage instruction session offered by Grounded Families. By signing this Participation Agreement, you acknowledge that you have read, understood and agree to be bound by all terms and conditions set out below.
1. Parties
Service Provider: Grounded Families (ABN 59 906 205 518) (we, us, our).
Participant: The parent or legal guardian named in the signature block of this Participation Agreement (you, your, yourself, participant, parent, legal guardian), on behalf of yourself and the infant named in this Participation Agreement (the Child).
2. Nature of Services
Grounded Families (including its infant massage instructors) offers and facilitates an infant massage instruction program consisting of five one hour sessions (the Program). The Program (including any communications with you about the Program and any information we provide to you during the Program registration process and during the Program) are general and educational in nature and are designed to teach parents and caregivers infant massage techniques. Our infant massage instructors are not registered health of medical practitioners and nothing in the Program constitutes medical advice, a diagnosis or treatment. The Program should never replace medical advice that you obtain, or have obtained, regarding the health of you or your Child, and the Program should never delay you from seeking or obtaining medical advice from a suitably qualified and registered health practitioner regarding the health of you or your Child (particularly if any health or medical concern arises for you or your Child during the Program).
3. Medical Clearance & Health Disclosure
3.1 Medical Clearance
Before you and your Child attend the Program, you confirm that you have sought advice from a suitably qualified and registered medical practitioner (such as a GP, paediatrician or maternal and child health nurse) regarding the suitability of infant massage for your Child, including where your Child has, or may have, any medical condition, skin condition, allergy, developmental concern or other health or medical issue.
3.2 Health Disclosure
You agree to disclose to the infant massage instructor, prior to each session of the Program, any known or suspected health or medical conditions affecting you or your child including but not limited to:
allergies or sensitivities (including to oils, lotions, other products, food or drinks, animals, environmental factors, nuts, seeds or fragrances);
skin conditions (including eczema, psoriasis, rashes or open wounds);
medical conditions or recent illness;
recent surgical procedures or injuries; and
any other condition that may affect the suitability of infant massage for you or your Child.
We reserve the right to refuse participation where we reasonably believe it may not be in the best interests of the health and safety of you or your Child.
4. Parental Responsibility & Supervision
You remain solely responsible for your Child at all times during every session of the Program (including during infant massage demonstrations, hands on practice, group discussions or informal interactions between Program participants and any breaks. Grounded Families does not supervise, monitor or assume responsibility for the physical care, wellbeing or safety of your Child. Our infant massage instructors may demonstrate techniques and provide guidance, but this does not constitute supervision of your Child.
You agree to:
maintain constant physical supervision of your Child during every session of the Program;
cease any infant massage technique immediately if your Child shows signs of distress, discomfort or an adverse reaction;
respond promptly to your Child's cues during the session; and
seek immediate medical assistance if your Child experiences any adverse event or reaction.
5. Use of Massage Oils & Products
5.1 Product Responsibility
Any oils, lotions or other products used or recommended during our classes are provided for educational purposes only and do not constitute a professional recommendation or an endorsement. You acknowledge that:
it is your sole responsibility to conduct a patch test on your and your Child's skin at least 24 hours before using any product;
you will inform the instructor of any known or suspected allergy or skin sensitivity affecting you or your Child before any product is applied to you or your Child;
Grounded Families does not warrant that any product is suitable for you or your Child; and
you will independently satisfy yourself as to the suitability, safety and quality of any product before use.
5.2 Allergic Reactions
Grounded Families accepts no liability for any allergic reaction, skin irritation, rash or adverse response arising from the use of any oil, lotion or other product during or after the Program, whether or not that product was recommended or supplied by us.
6. Application of Techniques
Massage techniques taught in our classes are for educational and informational purposes only. You acknowledge that:
the correct application of any infant massage technique depends on individual circumstances that our infant massage instructors cannot fully assess;
you will only apply infant massage techniques to your Child in a manner consistent with your Child's health, comfort and wellbeing;
Grounded Families accepts no liability for any injury, discomfort or adverse outcome arising from your independent practice of any infant massage technique outside of the Program; and
you will not apply any infant massage technique if you are unsure of its suitability for your Child.
7. Assumption of Risk
You acknowledge and accept that participation in infant massage classes involves inherent risks, including but not limited to:
physical discomfort or adverse reactions in you or your Child;
allergic reactions in your or your Child to products;
aggravation of pre-existing conditions impacting you or your Child; and
injury resulting from incorrect application of infant massage techniques.
You voluntarily assume all such risks on behalf of yourself and your Child.
8. Release & Limitation of Liability
8.1 Release
To the maximum extent permitted by law, you release and discharge Grounded Families, its infant massage instructors, employees, contractors and agents (Released Parties) from any and all claims, actions, damages, losses, costs and expenses of any kind arising out of or in connection with your or your Child's participation in any session of the Program, including but not limited to claims arising from:
your Child's supervision or care during the Program;
allergic reactions or adverse responses in you or your Child to oils, lotions, other products, food or drinks, animals, environmental factors, nuts, seeds or fragrances;
incorrect or unsuitable application of infant massage techniques;
aggravation of any pre-existing medical or physical condition impacting you or your Child; and
any act or omission of a Released Party, except as set out in clause 8.2.
8.2 Exceptions
Nothing in this Participation Agreement excludes, restricts, or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded or limited. Where liability cannot be excluded but can be limited, our liability to you is limited, to the extent permitted by law, to the re-supply of the relevant services or the cost of having those services re-supplied.
8.3 Proportionate Liability
Where any applicable law prevents full exclusion of liability, our liability will be reduced proportionately to the extent that your own act, omission or negligence contributed to the loss or damage suffered by your or your Child.
9. Indemnity
You agree to indemnify and hold harmless the Released Parties from and against any claim, loss, damage, cost or liability, including reasonable legal costs, arising from:
your breach of this Participation Agreement;
your negligence or wrongful act or omission;
your failure to disclose relevant medical information; or
any third-party claim arising from your actions during a class,
except to the extent caused or contributed to by the negligence of a Released Party.
10. Photography & Recording
You consent to Grounded Families taking photographs or video recordings during the Program for the purpose of instructional demonstration. We will not publish or share any image or video recording in which your Child is identifiable without your separate written consent. You may withdraw this consent at any time by notifying us in writing.
11. Privacy
11.1 Your Privacy & Collection Statement
In accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, we collect and handle your and your Child's personal information (including health information) through this Participation Agreement for the purpose of providing you and your Child with our services (including the Program), managing enrolments and communicating with you. We will not share your personal information with third parties except as required by law or with your consent. Our full Privacy Policy is available at https://groundedfamilies.com.au/privacy-policy. By signing this Participation Agreement, you agree and consent to Grounded Families collecting, holding and using your Child’s health information you disclosed in this Participation Agreement, and any updates you provide, for the purposes of:
assessing the safety and suitability of infant massage for your child; and
tailoring instruction during classes.
11.2 Home Venue Privacy & Safety
Occasionally, we facilitate the Program from our residential address. By participating in the Program and our services held at our residential address, you agree to the following conditions:
Non-disclosure of address: You must not disclose our residential address, or any details that could be used to identify or locate our residential address or home (including but not limited to photos, videos, geotags or check-ins on social media), to any person at any time, except where required to do so by law.
Authorised attendees only: Only the individuals named in this Participation Agreement are permitted to attend the Program and services at our residential address if our residential address is the venue being used for the Program you are registering for. You must not bring additional guests, family members or other persons without our prior written consent.
No uninvited visits: You must not attend or attempt to attend our residential address outside of your scheduled Program session times without our prior written consent.
Digital content: You must not capture, publish or share any photographs, videos or other content taken at our residential address that could directly or indirectly reveal or identify our residential address, home or location.
Ongoing obligation: This obligation applies before, during and after your participation in the Program and does not expire upon the conclusion of the Program that you are participating in.
Any breach of this clause 11.2 may result in the immediate termination of your participation in the Program, and we reserve the right to take further action to protect our safety and privacy.
12. Cancellations & Refunds
Cancellation and refund rights are governed by our Cancellation Policy, available at www.groundedfamilies.com.au/cancellation-policy. Your statutory rights under the Australian Consumer Law are not affected by this clause.
13. Governing Law
This Participation Agreement is governed by the laws of Queensland, Australia. Any dispute arising under this Participation Agreement will be subject to the non-exclusive jurisdiction of the courts of Queensland.
14. Severability
If any provision of this Participation Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of this Participation Agreement remain in full force and effect.
15. Variation
We may update this Participation Agreement from time to time. Any material changes will be communicated to you prior to the next session of the Program that you are due to attend with your Child, and your continued participation constitutes acceptance of the updated Participation Agreement.