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Camper Waiver Form

LIABILITY WAIVER AND RELEASE

DETAILS

Riverbend Youth Centre

(Participant) and where applicable, their Parent/carer or Legal Guardian

1. Riverbend Youth Centre is a supplier of recreational activities as defined by section 22 of the Australian Consumer Law and Fair Trading Act 2012. The purpose of this document is to limit the liability of Riverbend Youth Centre and its agents, employees, officers, directors, volunteers, leaders and Trustees and to exclude liability for any personal injury or death to the participant in the recreational activities.

2. By Agreeing to be a participant in the activities of Riverbend Youth Centre, you agree that the supply of the recreational services and participation by you in the recreational activities is subject to these terms and conditions.

Warning under the Australian Consumer Law and Fair Trading Act 2012

3. Under the Australian Consumer Law Tasmania 2010 several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that Riverbend Youth Centre is required to ensure that the recreational services it supplies to you are (1) are rendered with due care and skill; (2) are reasonably fit for any purpose which you, either expressly or by implication make known to Riverbend Youth Centre and (3) might reasonably be expected to achieve any result you have made known to Riverbend Youth Centre.

4. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 Riverbend Youth Centre is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you'll be agreeing that your rights to sue Riverbend Youth Centre under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

5. 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 Riverbend Youth Centre’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.

GENERAL WAIVER AND RELEASE

6. By this waiver, I assume any risk, and take full responsibility and waive any personal injury or death associated with the participation of recreational activities including but not limited to: Gyrobix, Jumping Pillow, Indoor Bungee Run, Indoor Jumping Castle, inflatable Gladiator pit, playground, Ga Ga P{it Ball, Tennis Court, Flying Fox, Flying Squirrel, Outdoor Waterslide, team building/group games/Team Ball games/Messy games, 8 Ball, conferences and functions.

7. I HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge Riverbend Youth Centre ,and its agents, employees, officers, directors, volunteers, leaders and Trustees from any and all claims, demands debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities arising from any personal injury or death sustained, whether known or unknown, in law or equity, that I ever had or may have, arising from or in anyway related to my participation in any of the events or activities conducted by, on the premises of, or the benefit of, Riverbend Youth Centre.

8. I understand that the activities, in which I will participate, are inherently dangerous and may cause serious or grievous injuries, including bodily injury, and/or death. On behalf of myself, my heirs, assigns, administrator's, executives and next of kin, I waive all claims of injuries and deaths sustained to me, that I may have against the aforementioned release party to such activities, including claims in tort, contract, equity or otherwise.

9. I acknowledge that if anything is unclear to me in the safety briefing then I will raise my concerns with a member of Riverbend Youth Centre’s team who is conducting the briefing.

10. I acknowledge, agree and represent that I understand the nature of Riverbend Youth Centre, I AM IN GOOD HEALTH and in PROPER PHYSICAL CONDITION to participate in such activities I further agree and warrant that if at anytime I believe conditions to be unsafe, I will IMMEDIATELY DISCONTINUE further participation in the activity.

11. I understand that Riverbend Youth Centre,and its agents, employees, officers, directors, volunteers, leaders and Trustees are not liable to you, or your dependents or your personal representatives not being supplied with due care and skill and not being reasonably fit for purpose or for a breach of any of the consumer guarantees applied by the Australian Consumer Law Tasmania or due to the negligence breach of contract or statute or statutory duty by Riverbend Youth Centre

12. To the maximum extent permitted by law, but subject to the non-excludable consumer guarantees implied pursuant to the Australian consumer law, in no event will Riverbend Youth Centre or its agents, employees, officers, directors, volunteers, leaders and Trustees be liable in respect of any claim for any indirect or consequential loss or damage arising from personal injury.

13. This WAIVER AND RELEASE contain the entire agreement between parties and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.

14. Any provision of this agreement which is held to be unenforceable is, where possible, to be severed to the extent necessary to make the agreement enforceable and the rest of the agreement is not affected.

15. The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or the benefit of Riverbend Youth Centre whether by agreement, by operation of law, or otherwise.

16. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights.

17. I have signed this agreement freely, voluntarily, under no duress of threat or duress, without inducement, promise or guarantee being communicated to me. My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law.

18. If you are executing this WAIVER AND RELEASE on behalf of other participants you warrant that you have informed all participants of the risks associated with the activities of Riverbend Youth Centre so that they are able to make an informed decision when consenting to undertake the listed activities in clause 6 of this WAIVER AND RELEASE.

19. If you executing this WAIVER AND RELEASE on behalf of other participants that are minors, or are under supervision, you warrant that you have informed all parents or guardians of the risks associated with the activities of Riverbend Youth Centre so that they are able to make an informed decision when consenting to allow their minors, or person/s under supervision, to undertake the listed activities in clause 6 of this WAIVER AND RELEASE.

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August 10, 2023 9:25 pm AEDT

Camper Waiver Form Uploaded by Robert Nicholson - it@riverbend.org.au IP 59.167.207.70

September 4, 2023 11:08 am AEDT

Riverbend Youth Centre - admin@riverbend.org.au added by Robert Nicholson - it@riverbend.org.au as a CC'd Recipient Ip: 59.167.207.70