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Agreement & Waiver
For the purposes of this agreement:
- “Activities” means skateboarding, sports, fitness, physical activities and related activities;
- “Media” means photography and video recordings;
- “Skate Now” means Daniel Bruce Whittle ABN 21 787 099 178 operating under the business name “Skate Now”; and
- “You” means the Participant, the Parent/Guardian where applicable, or both as context permits.
- (Activities) Skate Now will provide the Activities to you in part in consideration for you agreeing to this agreement.
- (Risk warning) Before you participate in the Activities, you must ensure that you understand the risks involved in participating in the Activities. You acknowledge and agree that the Activities are inherently dangerous and carry the risk of serious personal injury, death or property damage. You acknowledge and agree that you understand the risks involved in participating in the Activities and voluntarily participate in the Activities at your own risk. You acknowledge that the assumption of risk and warning above constitutes a ‘risk warning’ in accordance with the relevant legislation, including the Civil Liability Act 2002 (NSW).
- (Parent/Guardian) If signing this document on behalf of a Participant as a Parent/Guardian, you acknowledge and agree that you have explained the risk of the Activities to the Participant. By acknowledging and agreeing to these terms on behalf a Participant, you warrant that you are the Participant’s parent or legal guardian and have authority to enter into these terms and any other documents (including waivers) on behalf of the Participant.
- (Australian Consumer Law) The Australian Consumer Law (which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth)) allows a service provider of recreational activities to ask you to agree that the statutory guarantees set out in the Australian Consumer Law do not apply to you. By signing this agreement, you acknowledge and agree that, to the extent permitted by law, the liability of Skate Now in relation to the Activities for any:
- physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
- the 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 you or the community;
- that may result in harm or disadvantage to you or the community;
- that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities
is excluded, and the application of any express or implied warranty or term that the Activities will be provided with reasonable care and skill is hereby excluded.
- (Release) You release Skate Now and its officers, employees and contractors, the organisers, sponsors, other participants and any other persons involved in your participation in the Activities with Skate Now (Releasees) from:
- any demand, claim, or other proceeding in relation to any injury or death or loss or damage to personal property in connection with your participation in the Activities with Skate Now, whether or not caused by the negligence of a Releasee; and
- all liability for a failure to comply with any express or implied warranty or guarantee that the Activities will be provided with reasonable care and skill.
- (Indemnity) You agree to indemnify each Releasee in relation to any demand, claim or proceeding that may be brought in connection with your participation in the Activities with Skate Now.
- (Insurance) You acknowledge and agree that the fees for the Activities do not include personal accident insurance cover. You are responsible for your own personal accident, medical and/or life insurance and any or all expenses in the event of injury or death.
- (Physical abilities) You must be medically and physically fit and able to participate in the Activities. You agree and represent that you have no injuries, physical restrictions, disabilities or predispositions to sickness or injury that may affect your participation in the Activities.
- (Media) Skate Now may produce Media featuring you during your participation in the Activities.
- (Consent) You consent for the Media to be used by or on behalf of Skate Now for publication on Skate Now’s website, in Skate Now’s marketing and promotional material, and on any other website or in any media Skate Now may select for publication.
- (Assignment) You assign (including as a present assignment of future copyright) and transfer to Skate Now all right, title and interest (including intellectual property rights) in and to the Media, free from any encumbrances or other security interests, including all rights, claims, demands, causes of action, rights of action past, present or future arising out of, or in relation to, the Media.
- (Release and indemnity) You release Skate Now from, and indemnify Skate Now against, all claims, actions, demands and liabilities in relation to the creation of Media, which you may have against Skate Now.
- (Governing law & jurisdiction) This agreement is governed by the law applying in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
- (Further acts and documents) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this agreement.
- (Entire agreement) This agreement embodies the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
By signing the below, the Participant, or if the Participant is not 18 years of age, the Participant’s Parent or Guardian on their behalf, agrees to the terms and conditions of this agreement and waiver.