Fitness Passport Registration

GENERAL RISK WARNING

Taking part in the Activities is subject to risks. These include death, serious injury or illness due to overexertion and strenuous activity.

WAIVER OF LIABILITY

I have read the general risk warning and am aware that the Activities are recreational activities that can be dangerous, accept that there is a degree of risk and acknowledge and agree that I participate in the Activities at my own risk and subject to the terms of this Waiver and Risk Warning (Waiver). I declare that:

I am aware that the Activities may involve risk and the safety of the Activity or location is not guaranteed;

I am mentally and physically able to participate in the Activities;

I understand that I should not participate in the Activities unless I am in good physical condition;

I will participate within my skill level and capability during the Activities;

I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as medical professionals may deem appropriate.

For the purpose of the Civil Liability Act 2002 (NSW), section 139A of the Competition and Consumer Act 2010 (Cth) and any other applicable civil liability legislation, I acknowledge that the Activities are 'recreational services' and/or are dangerous and that there is a significant and obvious risk to my health and safety in participating in the Activities. The potential risks include, but are not limited to:

death;

physical or mental injury (eg. twists, sprains, broken bones, spinal injury, paralysis);

contraction, aggravation or acceleration of a disease;

the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:

that is or may be harmful or disadvantageous to me or the community;

that may result in harm or disadvantage to me or the community.

I acknowledge, agree, and understand that the risk warning in the preceding paragraph constitutes a 'risk warning' for the purposes of relevant legislation. I acknowledge that the Organiser's liability arising from the Activities is excluded or reduced in so far as is possible as a result of the risk warning.

By signing this Waiver, I acknowledge, agree and understand that, to the full extent permitted by law (including by s5N of the Civil Liability Act 2002 (NSW) and section 139A of the Competition and Consumer Act 2010 (Cth)):

my rights to sue the Organiser in relation to the Activities, if the Activities or associated services were not provided in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded or alternatively limited to a refund of the cost of the Activities; and

I release the Organiser from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill,

in so far as the Activities result in my death or injury, but not including significant personal injury caused by the Organiser's reckless conduct.

ADDITIONAL WAIVERS

In addition to any other releases, exclusions and warranties in this Waiver, to the full extent permitted by law, I (including my heirs, successors, executors, administrators, agents and assigns) agree to waive, release and indemnify the Organiser in respect of any losses, damages, claims, injuries, liabilities, costs, charges or expenses whatsoever in connection, directly or indirectly, with my participation in the Activities, including without limitation those arising under statute, tort, contract, common law or equity (including for the Organiser's negligence).

I acknowledge that I do not have to agree to exclude, restrict or modify or waive my rights against, or release, the Organiser, however the Organiser may refuse to allow me to participate in the Activities.

ACKNOWLEDGEMENT BY PARENT, GUARDIAN AND SUPERVISOR

Where this Waiver is signed by the Parent/Guardian/Supervisor of the Participant, that person consents to the Participant's participation in the Activities and provides the acknowledgements and indemnities in this Waiver in its own right and on the Participant's behalf.

SEVERABILITY OF TERMS

If anything in this Waiver is unenforceable, illegal or void then it is severed and the rest of this Waiver remains in force. The terms of this Waiver are governed by the laws of New South Wales.

ELECTRONIC SIGNATURE

This Risk Warning and Waiver may be signed physically or electronically pursuant to the Electronic Transactions Act 1999 (Cth).