INDIVIDUAL PARTICIPANT WAIVER
This waiver (Waiver) uses defined terms in the above Rolla Bae Hire Agreement. It is a condition of us allowing you to hire Equipment under the Agreement, that you provide the following waiver.
In this Waiver:
Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
Loss means any loss, cost, expense (including legal costs on a full indemnity basis) or damage, whether direct or indirect, present or future, fixed or ascertained, actual or contingent and whether arising under contract, in tort, at common law, in equity, under statute, under an indemnity or otherwise.
Supplier means Pate & Patterson Pty Ltd (ACN 634 989 165) trading as Rolla Bae
1. ACKNOWLEDGEMENT OF RISK AND WAIVER OF LIABILITY
(a) You acknowledge there are risks involved in roller skating, roller blading, skateboarding and associated activities, including:
(i) accidents which can result in serious injury or death;
(ii) injury or death due to negligence by you, us or third parties;
(iii) injury or death due to improper use or failure of the Equipment or third party equipment; and
(iv) strains, sprains and other accidental injury; and
(v) such risks may result in serious injury or fatality to you.
(b) You acknowledge that roller skating, roller blading and skateboarding may involve strenuous exercise and other high exertion activities and you are not obligated to perform or participate in any activity in which you do not wish to participate.
(c) You acknowledge that you are aware of the dangers associated with the consumption of alcohol, mind altering substance, drug or other substance which may impair your judgment or physical ability or capacity to safely roller skate, roller blade or skate board and accept full responsibility for any injury, loss or damage associated with the consumption of alcohol, mind altering substance, drug or other substance.
(d) You acknowledge that you have been advised to wear protective wear (helmets, knee pads, elbow pads, and wrist pads) and if you elect not to wear such protective wear, or take off this protective wear while using the Equipment, you do so at your own risk.
(e) You acknowledge and agree that your use of the Equipment is at your own risk.
(f) You warrant that:
(i) you have no physical impairments, injuries or illnesses that may endanger you, other people or our Representatives;
(ii) you are not aware of any medical or physical condition that would prevent you from safely using the Equipment, including reconstructive surgery; and
(iii) you have disclosed to us prior to hiring the Equipment, all injuries, discomfort, illnesses and other conditions (including pregnancy), whether current or historical.
(g) Subject to any rights you may have under the Australian Consumer Law (except those legally excluded by clause 2 of this Waiver) and to the extent permitted by law, you agree and waive your rights as follows:
(i) We (and our Representatives) will not be liable and exclude all liability (whether arising under contract, in tort, equity, statute or in any other way) for all Loss sustained by you in relation to your use of the Equipment or inability to use the Equipment.
(ii) You hereby release us and Representatives from all Claims (whether arising under contract, in tort, equity, statute or in any other way) you may have against us and Representatives in connection with your use of the Equipment, your inability to use the Equipment, this Agreement or otherwise entering and using the Equipment
2. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
(a) Under the Australian Consumer Law and Fair Trading Act 2012 (Vic), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-
(i) are rendered with due care and skill; and
(ii) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
(iii) might reasonably be expected to achieve any result you have made known to the supplier.
(b) Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier 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.
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, 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.
I ACKNOWLEDGE THAT I HAVE READ THE ABOVE WAIVER IN ITS ENTIRETY AND UNDERSTAND IT. I CONFIRM THAT I SIGN THIS WAIVER FREELY & VOLUNTARILY. I CONFIRM THAT THIS WAIVER WILL BE BINDING ON MY HEIRS, NEXT OF KIN, EXECUTORS & ADMINISTRATORS AND SHALL BE GOVERNED IN ALL RESPECTS BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF VICTORIA AUSTRALIA. TO BE SIGNED BY PARENT/GUARDIAN IF THE PARTICIPANT IS UNDER 18 YEARS OF AGE
I DO NOT AGREE
(Parent or Guardian's name if completing form for a minor)
Name of minor/s
If parent/guardian is signing on behalf of participant under 18 years of age
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