Liability Waiver Form: Exclusion Of Certain Rights To Sue
Name and address of Provider: Great Lakes Council, Breese Parade, Forster 2428
The participant acknowledges he has read and agrees to the terms and conditions of entry set out herein prior to registering as a participant in the event.
1.0 Waiver for Participation in Recreational Activities supplied by Great Lakes Council (“the supplier”).
1.1. The participant acknowledges and agrees that the activity organised or conducted by the supplier is in the nature of an “extreme sport” and as such has inherent dangers and risks, including risk of injury or death to the participant.
1.2. The participant further acknowledges and agrees that due to the nature of the activity, it would be unreasonable for the supplier to be in any way responsible for any injury to or death of the participant and the participant hereby, to the full extent permitted by law, waives all of his or her legal rights of action against and fully releases the supplier for loss, damages, injury or death whatsoever arising out of, or in relation to the participation by the participant in the activities conducted or organised by the supplier including without limitation, liability for any negligent or tortuous act or omission, breach of duty, breach of contract or breach of statutory duty on the part of the supplier, it’s office bearers, directors, employees or agents.
1.3. This waiver, release and discharge shall be and operate separately in favour of the supplier and the Crown in the right of all States and Territories and the Commonwealth, shires, government departments and agencies, persons (including Ministers and statutory office holders), corporations and bodies involved or otherwise engaged in promotion or staging the event or the management of the land or water on which the event is staged and the servants, agents, representatives and officers of any of them.
1.4. The participant further acknowledges and agrees that he or she has undertaken the activity freely, voluntarily and absolutely at his or her own risk and with a full appreciation of the nature and extent of all risks involved in the activity. This waiver shall bind the participant and his or her executors.
1.5. The participant has read and understands this waiver of the participant’s legal rights.
Warning under the Fair Trading Act 2010 (NSW)
Under the provisions of the Fair Trading Act 2010, several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are:
(a) Rendered with due care and skill;
(b) As fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances;
(c) Reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.
Under s 32N of the Fair Trading Act 2010, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in 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” is defined in the Fair Trading (Recreational Services) Regulations 2010.
2.0 The participant agrees:
2.1. to the terms and conditions contained in this entry form in consideration of and as a condition of acceptance of the participant’s entry in this event, for himself or herself, his or her heirs, executors and administrators.
2.2. To comply with the event rules and regulations stipulated by the supplier.
2.3. That this agreement shall be construed in accordance with the laws of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the Courts of that State.
2.4. To allow my photograph, video, multimedia or film likeness to be used for any legitimate purpose by the organizers, sponsors or others.
3.0 The participant acknowledges:
3.1. He or she has disclosed all information requested in the supplier’s entry form and warrants that he or she possesses all qualifications as stipulated by the supplier for the event.
3.2. He or she has sole responsibility for the security and safety of the participant’s athletic equipment and other personal belongings during the event and related activities.
3.3. He or she has received advice that it is highly recommended that he or she obtain personal health insurance to cover any accident or injury or other risk incurred during participation in the event.
3.4. Additional event rules and regulations stipulated by the supplier may be posted on the supplier’s event website at www.forsteradventurerace.com.au or as otherwise advised by the supplier and are expressly incorporated in the terms and conditions of this agreement.
4.0. The participant warrants he or she is physically fit to compete safely in the event, and the participant has not received medical advice to the contrary.
5.0. The participant hereby irrevocably consents to receive medical treatment that may be considered by the supplier advisable or necessary in the event of injury, accident and/or illness during the event.
Signature of Participant ____________________________________________________________________
Name of Participant _______________________________________________________________________
Competitors Under The Age Of 18:
I, ________________________________ being the parent or guardian of the person named in the indemnity above Acknowledgement, Release and Indemnity (“the Indemnity”) hereby acknowledge and agree that:
• I have read the whole of this document and understand it and have explained it to the person named in the Indemnity;
• I consent to the person named in the Indemnity participating in the Event; and
• I am aware of the risk, dangers and obligation set out above in the Indemnity.
In consideration of the person named in the Indemnity being accepted to participate in the Event, I agree to release and indemnify the Event organisers, its officers, employees, agents, volunteers, contractors, public bodies, landholders and sponsors, in the same manner and to the same effect and extent as if I were the person named in the Indemnity and the person participating in the Event.
Signature of Parent/Guardian: ______________________________________________________________
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