Participant Waiver and Risk Warning

I agree to 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 rough terrain, water, obstacles, overexertion, heat, cold and other adverse weather conditions and accidents with other participants or spectators.

·      I am mentally and physically able to participate in the Activities.

·      I understand that I should not participate in the Activities unless I have trained appropriately and am in good physical condition.

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

·      I understand that participation in the Activities comes with inherent risk of accident and injury.

·      I acknowledge such inherent risks cannot be eliminated.

·      I hereby release and indemnify BSc from any loss, damage or injury I may suffer or incur whilst attending or participating in the Activities run by BSc.

·      In the event of an accident or emergency, BSc may be required to take immediate action to obtain urgent medical care and I authorise BSc to do so. I acknowledge BSc will always attempt to contact my designated Emergency Contact as soon as possible following an accident or emergency.

·      I hereby authorise and grant permission for BSc to take whatever action necessary in the event of an emergency and I release and hold BSc harmless in connection with any such action taken or for any omission made by BSc.

·      I hereby agree to indemnify BSc for all medical expenses which may be incurred as a result of an injury or illness sustained while participating in the Activities.

·      I understand that I have sole responsibility for all personal possessions I bring onto the area where the Activities are conducted, and I hereby release BSc from all liability for any loss or damage whatsoever to such property.

·      For the purpose of section 139A of the Competition and Consumer Act 2010 (Cth) and any applicable civil liability legislation (including but not limited to the Civil Liability Act 2003 (QLD) and Civil Liability Act 2002 (NSW)), I acknowledge that the Activities are the supply of recreational services that 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; 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:

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

o   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 BSc’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 section 139A of the Competition and Consumer Act 2010 (Cth)):

o   my rights to sue BSc 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

o   I release BSc 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 death or injury, but not including significant personal injury caused by BSc’s reckless conduct.

·      In addition to any other releases, exclusions and warranties in this Waiver, to the full extent permitted by law, I agree to waive, release and indemnify BSc 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 BSc’s negligence).

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

·      Where this Waiver is signed by the Parent / Guardian / Supervisor of the Participant, the Parent / Guardian / Supervisor consents to the minor’s participation in the Activities and provides the acknowledgements and indemnities in this Waiver in its own right and on the Participant’s behalf. The Parent / Guardian / Supervisor must be present and supervise the Participant during the Activities.

·      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 Queensland.