Participant Waiver and Declaration
I [Full name - Supplied above] of [Address - Supplied above] hereby declare to voluntarily participate in the Sporting Activities organised and run by BPC. In consideration of my application for participation being accepted
I acknowledge and agree that:
In this application and declaration:
"Claim" means and includes any action, suit, proceeding, claim, demand, damage, cost or expense however arising including but not limited to negligence but does not include a claim against a BPC under any right expressly conferred by its constitution or regulation.
“BPC” means Brisbane Pickleball Club Incorporated and, where the context so permits, its respective directors, staff officers, members, servants or agents.
"Sport" means the sport of Pickleball.
"Sporting Activities" means performing or participating in the Sport in any capacity which includes, but is not limited to, participation in training, competitions, social play, coaching or as an official.
Warning: The Sporting Activities are inherently dangerous. I acknowledge that I am exposed to certain risks during Sporting Activities and that accidents may happen which may result in injury or death, or my property being damaged. I have read and understood this
warning and voluntarily accept and assume the inherent risks in participating in the Sporting Activities.
Exclusion of Implied Terms: I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of services may be excluded. I acknowledge that these implied terms and rights and any liability of BPC flowing from them, are expressly excluded to the extent possible by law, by this declaration. To the extent of any liability arising, the liability of BPC will, at the discretion of BPC as the case may be, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the resupply of the services or payment of the cost of having the services supplied again.
Release and Indemnity: In consideration of BPC accepting my declaration for participation I, to the extent permitted bylaw:
(a) release and will release BPC from all Claims that I may have or may have had but for this release arising from or in connection with my participation in any Sporting Activities; and
(b) Indemnify and will keep indemnified BPC in respect of any Claim by any person arising as a result of or in connection with my participation in any Sporting Activities.
Fitness to Participate: I declare that I am medically and physically fit and able to participate in the Sporting Activities. I will immediately notify BPC verbally or in writing of any change to my medical condition, fitness or ability to participate. I understand and accept that BPC will continue to rely upon this document as evidence of my fitness and ability to participate.
Medical Treatment: I consent to receiving any medical treatment that the BPC reasonably considers necessary or desirable for me during my participation in the Sporting Activities. I also agree to reimburse BPC for any costs or expenses incurred in providing me with medical treatment.
Privacy: I understand that the personal information I have provided in this form is necessary for the objects of BPC. I acknowledge and agree that the personal information will be disclosed by BPC only to pursue its objects and general business. I understand that I will be able to access the personal information on request. If the personal information is not provided by me, my participation may be refused. I acknowledge that BPC may also use my personal information for the purposes of providing me with promotional material from BPC’s sponsors or third parties. I may advise BPC if I do not wish to receive any sponsor or third party promotional material.
