- The Activity
1.1
I agree and consent to participate in the Activity voluntarily and at my own risk.
1.2
Prior to participating in the Activity, the Participant warrants to assess all risks involved, including risks that may be caused by the Participant’s own acts or omissions, the Participant’s health and medical condition, the Participant’s Features, and risks that are not known to you or us or are not readily foreseeable at the time of participating in the Activity.
You assume all risks in connection with your participation in the Activity.
- Your Warranties and Obligations
2.1
I warrant to have the necessary authority and eligibility to enter into this Agreement.
2.2
Where I do not have the capacity, authority or eligibility to enter into this Agreement, my appointed trustee and/or guardian has entered into this Agreement on my behalf.
2.3
The Participant warrants to:
(a) understand their physical limitations and is sufficiently self-aware to stop the Activity before they becomes ill or injured;
(b) be aware that if the Activity occurs outdoors, the streets adjourning the area of the Activity are open to regular vehicular traffic during the Activity and they will obey all laws and regulations;
(c) accept full responsibility for any product or technology loaned to them as part of participation in this Activity and commit to return the same in good working order;
(d) have provided consent at the time of signing this form in the event of medical care is rendered to them during the Activity, if they are unable to give consent, for any reason, at the time the care is rendered;
(e) to have consulted a physician prior to participating in the Activity. The Participant warrants to have acted in accordance with the physician’s advice.
(f) To understand and acknowledge that no warranties or representations have been made to them about the Activity.
(g) notify us immediately of any pain and/or major discomfort felt during any Activity.
- Participant Features
3.1
I warrant the details disclosed at Participant Features are accurate, complete, timely and true.
3.2
We reserve our rights to exclude a Participant from taking part in the Activity at our reasonable discretion.
3.3
The Participant and/or its guardian/trustee, warrants to release the Released Party from all Claims resulting from failure to disclose all relevant Participant Features.
3.4
Should the Participant be required to take medication during the Activity, the Participant warrants to bring with them, to the Activity, such medication and be self-aware of dosage and times in which to take such medication. We will not be responsible and/or liable for any such medication, dosage or timing.
3.5
In the event of an emergency, the Participant, guardian and/or Trustee consent to the Released Party administering first aid and calling any such emergency service, if deemed necessary by us.
3.6
In the event of clause 3.5, the Participant, guardian and/or Trustee warrants to reimburse and/or pay the Released Party for any associated cost.
- Limitation of Liability
4.1
To the full extent permitted by the law, I will not bring a Claim against the Released Party.
4.2
You will indemnify and forever hold the Released Party harmless should a Claim be made in relation to:
(a) Third party incidents; and
(b) Negligent acts and/or omissions by a third party; and
(c) Any event which was beyond our reasonable control.
4.3
To the extent that we supply any ‘recreational services’ or ‘recreational activities’ within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death.