In consideration for being allowed to enter the and/or participate in any activity and/or program (Activities), at TREBOL AUSTRALIA PTY LTD (ACN 610 354 777) t/as Awezone Trampoline Park(Awezone), I the undersigned, hereby acknowledge, agree and represent each of the following, on behalf of myself and, if applicable, on behalf of any person under the age of 18 for whom I am a parent or guardian (Minor(s)):
1. I acknowledge and understand that the Activities constitute a dangerous recreational activity pursuant to the Civil Liability Act 2002 and that there are inherent risks associated with participation in the Activities at Awezone, from using trampolines and sporting equipment, and being in close proximity to those engaged in such Activities, including, without limitation, to scrapes, bruises, cuts, and even more serious injuries, such as paralysis or death, and I fully accept and agree to assume all of these risks including risks arising from the negligence of other participants.
2.I and or the Minor(s) are or am voluntarily participating in the Activities including, but not limited to, the use of equipment, facilities, car park and premises.
3. I and or the Minor(s), knowingly and fully assume all risks, associated with participation in the Activities including personal injury, death or disability to me and/or the Minor(s), and waive all claims for damage from all risks associated with participation in the Activities, including risks arising from the negligence of other participants.
4. You do not suffer from any disability, illness or impairment which may affect your participation in the Activities.
5. I understand that the Activities are not a ride or entertainment but rather a physical activity that exposes me and or the Minor(s) to the risks inherent with strenuous physical exertion and stress to which I and/or the Minor(s) will be exposed, and that it may include the risk of bodily injury or death.
6. I have answered the health check for myself and each of the Minor(s), in applicable and each of the following statements is true and complete, and will remain true and completed, at all times when participating in the Activities:
8. To the extent that the statements in 6a, 6b, 6c, and 6d* are not true and correct I will inform the receptionist at the premises. I understand and accept that any of the circumstances listed in 6* may increase the risk of injury, disability or death that might result from participation in the Activities and by participating in the Activities I or the Minor(s) accept those risks.
9. I assume all risk of any damage, loss or theft of any personal property that the Minor(s) or I may suffer on the premises including from any locker or safe custody location.
10. I will ensure that the Minor(s) follow all the safety rules of Awezone.
11. I and/or the Minor(s) accept that Awezone may, in its absolute and unfettered discretion refuse my and/or the Minor(s) participation in the Activities and or expulsion from the premises.
12. I am/the Minor(s) is, fit to undertake the Activities. Neither I nor any of the Minor(s) (if applicable) suffers from any medical, physical or psychological conditions or is affected by any drugs or alcohol, nor has been advised of any condition by a qualified medical professional that may prevent or restrict me and/or the Minor(s) from participating in the Activities.
13. I represent and warrant that I am over the age of 18 and have the capacity to agree to this release and waiver. Where I am signing on behalf of a Minor(s) I represent and warrant that I am authorised to do so.
14. To the extent permitted by law, including the Competition and Consumer Act 2010, I agree on behalf of myself and/or the Minor(s) and my/their personal representatives, successors, heirs, and assigns to hold Awezone, its owners, related entities, officers, directors, agents, instructors, employees, and members, as well the property owner and tenants of the property and the owners, sellers, manufacturers and installers of the equipment used in connection with the Activities (Releasees) harmless from any and all claims or causes of action arising out of my and/or the Minor(s) participation in the Activities.
15. To the extent permitted by law, including the Competition and Consumer Act 2010, I expressly release and discharge the Releasees from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury or death to me and/or the Minor(s), while participating in any of the Activities, including without limitation, use of the trampolines and or jumping, receiving instruction, strenuous bodily movement, exposure to extreme conditions, and contact with equipment or machine parts thereof. To the extent permitted by law, this release is valid and effective whether the damage, loss (physical or economic) or death is a result of any act or omission (INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE, OR STRICT LIABILITY) on the part of any of Releasees or from any other cause. To the extent permitted by law, this Waiver and Release of all liability includes, without limitation, injuries, illness, or accidents, which may occur as a result of:
16. I acknowledge that I have carefully read this waiver and release, have had the opportunity to obtain advice in relation to the waiver and release, and fully understand that, to the extent permitted by law (including the Competition and Consumer Act 2010) it is a release of all liability and a waiver of any right that I may have on behalf of myself and/or the Minor(s)to bring a legal action or assert a claim for injury or loss of any kind against any of the Releasees.
17. You further agree that Releasees will not be liable to any person whether in contract, tort, under statute or otherwise for any injury, loss, damage, death, economic loss whatsoever suffered by you, whether consequential, direct or indirect, caused by or connected with your participation in the Activities (Harm).
18. You agree to indemnify and agree to keep indemnified the Releasees in respect of any claim or demand made or action commenced by you or any other person against the Releasees or for which the Releasees are liable in connection with any Harm, including, any legal costs as between solicitor and client incurred by Awezone or for which Awezone is liable for.
19. To the fullest extent permitted by law, Awezone does not make any condition, warranty or representation of safety, suitability or fitness for use either express or implied and all conditions, warranties and representations (whether express or implied and whether arising in contract at common law or under statute) to the contrary are excluded.
20. Without limitation to the above, Awezone’s liability under any statutory right or any condition or warranty implied by Competition and Consumer Act 2010 (Cth) which cannot lawfully be excluded is, to the extent permitted by law limited at the option of Awezone to the re-supply of the services or the payment of the cost to re-supply of the services.
21. I hereby consent to allow the use of voice, video, image or likeness in photographs and/or video for myself and/or the Minor(s) for use by Awezone in connection with exhibitions, publicity, advertising and promotional materials without reservation or limitation.
22. By signing this form, I give permission for Awezone to use my email address to advertise products or promotions related to their company. I also give permission for Awezone to use my email address to respond to feedback given about Awezone.
23. I agree that in the event that any provision in this Release and Waiver of Liability is unenforceable under applicable law, the remaining provisions shall be enforced to the fullest lawful extent.