1 APPLICATION

1.1 This Disclaimer and Waiver applies to the provision of Services by BEAUTY SCULPTING CLINIC PTY. LIMITED (ACN 635 403 048) trading as Beauty Sculpting Clinic (we, us, our, Beauty Sculpting Clinic) to you. By booking, paying for, accessing or participating in the Services, as defined below, you agree to this Disclaimer and Waiver.

1.2 For the purposes of this Disclaimer and Waiver:

(a) Claim means any claim, counter claim, cross claim, action, proceeding, application, complaint, course or action, judgment or demand; and

(b) Services means the provision of the following:

i. Instant fat reduction;
ii. Fat reduction;
iii. Skin tightening;
iv. Cellulite reduction;
v. Butt lift;
vi. Skin rejuvenation;
vii. Anti-aging;
viii. Acne treatment;
ix. Facial cleansing;
x. Facial hydrating;
xi. Teeth whitening;
xii. Double chin reduction;
xiii. Skin contouring;
xiv. Hyaluronic fillers;
xv. Skin peels;
xvi. Hydrabrasion treatment;
xvii. Vacuum bi polar;
xviii. Plasma fibroblast treatment;
xix. Cryolipolysis fat freezing;
xx. 4D Hifu;
xxi. Lipocontour;
xxii. Ultrasonic fat cavitation;
xxiii. EMS BioSculpt (Muscle Stimulation);
xxiv. Skin Needling;
xxv. No needle lip and wrinkle fillers; and
xxvi. any other services offered in the future.

2 MEDICAL DECLARATION

2.1 You declare that after careful consideration and consultation with a medical practitioner you are not subject to any existing injury, medical condition or treatment that may render you unsuitable for participation in the Services.

3 GENERAL DISCLAIMER

3.1 We provide our Services on an “as-is” and “as available” basis and whilst every effort is taken to ensure the information provided is accurate, we make no representations and give no guarantees or warranties about the suitability, reliability, availability, timeliness and/or accuracy the information provided by us or our Services in general.

3.2 None of the Services provided by us are a promise or guarantee of any results.

3.3 You acknowledge and agree that we, our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your engagement of the Services.

3.4 Any testimonials and examples of our Services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results.

3.5 We make no warranty, representation, or guarantee regarding the suitability of our Services for any particular purpose, nor do we assume any liability whatsoever arising out of the application or use of any Service. It is your responsibility to independently determine suitability of any Service and to test and verify the same.

3.6 Any information, any documents, any guidelines or recommendations made by us in relation to our Services are made on the basis of information that was available to us at the time.

4 SERVICE SPECIFIC DISCLAIMER

4.1 You understand that the activities as defined in clause 1.2(b) may be included in our Services and such Services contain varying degrees of risk.

4.2 You further understand and acknowledge that the varying risks of these Services may cause injuries that may be categorised as minor, serious, or catastrophic. In choosing to use our Services and acknowledging the inherent risks of the Services provided, you fully understand, accept and assume all risks whether before, during, upon or after completion of the Services.

4.3 You warrant that you are of sound mind when you accept this Disclaimer and Waiver and have the capacity to accept full responsibility for assessing whether you are willing to participate in any activity which carries an element of risk. In summary, you acknowledge our Services include activities that carry risk and that you shall be solely responsible for consenting to participate in such activities.

4.4 We do not purport to diagnose or treat health conditions.

4.5 In the event you provide us with personal health information, such as information relating to a physical or mental health condition, the provision of our Services:

(a) shall not involve or constitute professional advice;

(b) will not constitute a doctor-patient relationship between you and us; and

(c) shall not be a replacement or substitute for advice from a medical professional, which should be obtained from the relevant medical professional.

4.6 All our Services are intended for cosmetic purposes only and do not, nor are they intended to, constitute medical or other professional advice.

4.7 If you have a health condition, you should always consult with your health professional before engaging our Services.

4.8 You acknowledge that any employee or representative of ours is not acting as a medical professional and you will not use our Services as a substitute for such clinical health care.

4.9 You have made us aware of any medical or other relevant personal circumstances that may affect our recommendation of our products and the provision of our Services and warrant that you have answered all our medical questionnaires. You acknowledge that we will be relying on your disclosures in order to provide our product recommendations and Services.

4.10 We do not provide specific psychological, medical, legal, financial, business or other advice, and our Services are intended for cosmetic purposes only.

4.11 Your cosmetic treatment may be gradual process and it may take a number of sessions with us in order to achieve your desired results.

4.12 You accept full responsibility for informing yourself and assessing all the dangers, hazards and risks of using the Services provided by us, especially if you have a medical condition, including, but not limited to a life threatening medical condition, such as allergies that result in an anaphylactic reaction, a heart condition, a skin condition or any other medical condition, and you will rely solely on your own assessment of these dangers, hazards and risks using our Services, taking into account that it may be difficult to access emergency medical services.

4.13 You confirm that any information you have provided us is true and correct in relation to your medical history and any existing health conditions you have, and if required by us, have obtained or will obtain medical advice from your general practitioner or appropriate medical professional, prior to participating in our Services, to ensure you are not at major risk of injury, or physical or mental harm during activities conducted during the provision of our Services.

5 WAIVER AND RELEASE OF LIABILITY

5.1 To the extent permitted by Law and in consideration of being permitted to participate in our Services, you agree that you will not make, take or seek any Claim against BEAUTY SCULPTING CLINIC PTY. LIMITED (ACN 635 403 048) trading as Beauty Sculpting Clinic and its officers, employees, agents, and independent contractors (all collectively referred to as “the Releasees”) arising directly or indirectly out of or in connection with your participation in our Services and you unconditionally and irrevocably forever waive, release, acquit, covenant not to sue, and discharge the Releasees from and against any loss, liability, cost (including all legal costs and expenses on an indemnity basis), expense, damage, charge, penalty, outgoing or payment, however arising and whether present, unascertained, future or contingent and includes indirect and consequential loss (Loss) arising directly or indirectly out of or in connection with your participation in our Services.

5.2 Without limiting the above, you acknowledge and agree that in the event that you are injured, you will bring no Claims, legal or otherwise, against the Releasees in respect of that injury or damage and you hold the Releasees harmless.

5.3 You agree to release, waive, acquit and forever discharge the Releasees from all Claims (including, but not limited to, claims for negligence, breach of contract or breach of statute), or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or by the Releasees, as a result of the advice given by us or otherwise resulting from the Services provided by us.

5.4 You agree to hold harmless and indemnify the Releasees from any and all Claims made against or Loss suffered by the Releasees, which arises directly or indirectly as a result of or in connection with your participation in our Services.

5.5 This Disclaimer and Waiver shall bind your heirs, executors, personal representatives, successors, assigns, and agents.

5.6 This Disclaimer and Waiver operates jointly and severally in favour of the Releasees.

6 ACKNOWLEDGEMENT OF UNDERSTANDING

6.1 You acknowledge that you have read this Disclaimer and Waiver and fully understand its terms. You acknowledge you are 18 years or over, or, if you are under 18 years of age, your parent or guardian agrees to the ‘Declaration for Minors’, under clause 7. You or your parent or guardian, if relevant, understand(s) that you are giving up substantial rights. You further acknowledge that by participating in the Services you agree to this Disclaimer and Waiver freely and voluntarily.

7 DECLARATION FOR MINORS AND MEDICAL RELEASE

7.1 If you are under 18 years of age on the day this declaration is acknowledged and accepted, the declaration must be acknowledged and accepted by your parent or guardian.

7.2 I warrant and certify that I am the parent or guardian of the child registering to participate in the Services (“My Child”) who is under 18 years of age and that he/she has my consent and is capable of using the Services. I confirm that I have read and understand the above Disclaimer and Waiver and that I agree, on behalf of My Child, to be bound by each of those conditions and having done so, I acknowledge and accept voluntarily.

7.3 Medical Release:

(a) I permit any authorised employee of BEAUTY SCULPTING CLINIC PTY. LIMITED (ACN 635 403 048) trading as Beauty Sculpting Clinic to arrange for medical attention for My Child or to transfer My Child to a Medical Centre or to a hospital if, in the opinion of that person, medical attention is needed or is likely to be needed for My Child.

(b) I agree that on transporting My Child to any hospital or medical facility, BEAUTY SCULPTING CLINIC PTY. LIMITED (ACN 635 403 048) trading as Beauty Sculpting Clinic will have no further responsibility for, or in respect of, My Child.

(c) I agree to pay all costs associated with such medical care or attention and for related transportation for My Child and I agree to indemnify and to keep BEAUTY SCULPTING CLINIC PTY. LIMITED (ACN 635 403 048) trading as Beauty Sculpting Clinic indemnified for and in respect of any such costs incurred.

(d) I further authorise a Medical Centre or any hospital, its assigns, employees or agents to render any necessary or emergency medical care or attention to My Child if considered necessary by a medical practitioner employed by a Medical Centre or any hospital.

I am aware that the practice of medicine in a surgery is not an exact science and I acknowledge that no guarantees have been made to me/My Child as to the result of treatment or examinations at a Medical Centre or at any hospital.

(c) Progressive Legal Pty Ltd – All legal rights reserved (2022). This Disclaimer and Waiver was last updated on 19 November 2022