Waiver, Release and Indemnity - KSOTB Programs

IMPORTANT:  Before agreeing to participate, these terms and conditions must be reviewed and accepted.

Is the Participant LESS THAN 18 years of age?

YES - A Parent of the Participant must read, agree and sign these Terms and Conditions.

NO - The Participant must read, agree and sign these Terms and Conditions.

TERMS AND CONDITIONS

1. In consideration of Kids Sports on the Beaches allowing the Participant to participate in the Activities, the following terms and conditions (Terms and Conditions) are agreed and accepted.

2. Warning of Assumption of Inherent Risk

• I acknowledge that the Activities are Recreational Activities, carrying Obvious Risk and with an Inherent Risk of injury and harm (both physical and mental) to the Participant.
• I voluntarily assume all risk for any harm, injury, trauma and damage (whether personal or to property) suffered in connection with the Activities, howsoever arising and whether or not foreseen or foreseeable.
• I understand and acknowledge that I have been advised of the Inherent Risks and the Obvious Risks associated with the Activities, which may cause injuries ranging from minor to catastrophic, and I voluntarily choose to participate in the Activities, accepting such risks in full.

3. Waiver of Liability, Exclusions and Indemnity

• In consideration of Kids Sports on the Beaches allowing the Participant to participate in the Activities and to the fullest extent permitted by law, on behalf of the Releasing Parties I agree that the Releasing Parties:
  • must not make or take (or seek to make or take) any Claim whatsoever against the Released Parties arising directly or indirectly out of or in connection with the Participant’s participation in the Activities and irrevocably and forever covenant not to do so; and
  • irrevocably and unconditionally release, waive and discharge the Release Parties from any and all costs (including legal costs and expenses on an indemnity basis), liability, Loss, expense, damage, penalty or payment howsoever arising and whether or not they are determined, future, contingent or unascertained, arising from or in connection (directly or indirectly) with the Participant’s participation in the Activities.
• To the fullest extent permitted by law, I agree to indemnify, and to keep indemnified, defend and hold harmless the Released Parties from Claims against, or Loss incurred or suffered by the Released Parties, as a result of or in connection with any act, omission, default, failure or error on the part of Kids Sport on the Beaches (including any negligent act, omission, default, failure or error) occurring wholly or partially during the course of the Activities.
• With respect to Consumer Law, I agree that the application of, rights arising under, and liability of the Release Parties for failing to comply with any statutory guarantee therein, are excluded to fullest extent permitted by law.

4. General Provisions

• I acknowledge that I have read and understood the matters set out in this document and that I am of lawful age (or otherwise that I am the Parent of the Participant) and I am legally competent to give the waivers, releases, exclusions and indemnities set out in the Terms and Conditions.
• I acknowledge that the Terms and Conditions are intended to have binding legal effect.
• I certify that I have voluntarily and of my own free signed this document without inducement or representation by Kids Sports on the Beaches, its agents or employees.
• Save for the limitations and exclusions set out in the Terms and Conditions, nothing herein excludes, restricts or modifies any terms, conditions or warranties imposed or implied by any statute, including but not limited to the Competition and Consumer Act.
• Any term herein which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable and the validity or enforceability of the remainder of the Terms and Conditions is not affected.
• Any amendment to the Terms and Conditions must be in writing and signed by both the Participant (or Parent of the Participant) and Kids Sports on the Beaches.
• This agreement is governed by and is to be interpreted according to the laws in force in New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

5. Definitions and Interpretation

• In this document, references to Kids Sports on the Beaches (where the context permits) includes its directors, officers, employees, agents, contractors and suppliers, and these Terms and Conditions (including exclusions from liability) apply to their benefit.
• In this document, unless inconsistent within the subject matter:
  • Activities includes but is not limited to sporting and recreational activities such as gymnastics, cheerleading (including stunting cheerleading), tumble trampoline gymnastics, trampolining, human pyramids, dancing, swimming, martial arts, training, warm-ups and stretching.
  • Claim means any and all claims, counter-claim, cross-claim, complaint, suits, actions and proceedings.
  • Competition and Consumer Act means the Competition and Consumer Act 2010 (Cth).
  • Consumer Law means Subdivision B of Division 1 of Part 3-2 of Schedule 2 of the Competition and Consumer Act.
  • Dangerous Recreational Activity has the same meaning as given in the Civil Liability Act 2002 (NSW).
  • Kids Sports on the Beaches means ACN 650 979 276 Pty Ltd trading as Kids Sports on the Beaches.
  • Loss means any and all forms of loss including direct, indirect and consequential loss.
  • Incapable Person has the same meaning as given in the Civil Liability Act 2002 (NSW).
  • Inherent Risk has the same meaning as given in the Civil Liability Act 2002 (NSW).
  • Obvious Risk has the same meaning as given in the Civil Liability Act 2002 (NSW).
  • Parent has the same meaning as given in the Civil Liability Act 2002 (NSW).
  • Participant or “I” means the person first named as the Participant in this document.
  • Recreational Activity has the same meaning as given in the Civil Liability Act 2002 (NSW).
  • Released Parties includes Kids Sports on the Beaches and its directors, officers, employees, affiliates, agents, contractors, insurers; all spectators, co-participants, suppliers, and volunteers; all event sponsors, organizers, promoters, directors, officials, property owners, and advertisers.
  • Releasing Parties includes the Participant as well as their spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on the Participant’s behalf.

• The Participation Terms and Conditions form an essential part of the agreement to which they may be attached to or included within and are in addition to the provisions of that agreement, and in the event of any inconsistency between any provision of the Terms and Conditions and those of the agreement, the provision of the Participation Terms and Conditions will prevail.

 

SIGNATURE

1. I have read, understood, agreed and accepted all of the terms and conditions in this document.
2. If the Participant is less than 18 years of age, the Parent to the Participant expressly asserts and warrants that they read, understood, agreed and accepted all of the terms and conditions of this document, and explained the nature of this document to the Participant, including the Inherent Risks and Obvious Risks associated with the Activities, and the Participant did understand the warnings, terms and conditions.