Terms & Conditions and Waiver of Liability Agreement / Online Booking
By completing this booking with the Mulwala Water Ski Club Limited, ACN 002320630, 156 Melbourne Street,
Mulwala, NSW, 2647 (herein referred to as Mulwala Water Ski Club) and using the facilities at the privately owned
lakes, or in Lake Mulwala, including all water activities and areas, you agree to the following:
1. Acceptance of Terms
You acknowledge that you have read, understood, and accepted these Terms & Conditions and the accompanying waiver of liability.
2. Waiver and Release of Liability
You agree that your participation and use of the lakes and related activities are at your own risk. You hereby release, waive, discharge, and hold harmless Mulwala Water Ski Club, its owners, employees, agents, and insurers from any and all claims, demands, causes of action, or liabilities for injury, loss, or damage arising from your participation.
3. Health and Capability
By agreeing, you confirm that you are in good health, physically fit, and capable of undertaking the activities you are booking. You understand that you should not participate if you have any medical conditions or disabilities that could affect your safety.
4. Applicability
This waiver applies to all users, including individuals, groups, and organized teams such as the ski team. Everyone must accept these terms before accessing the lakes.
5. Compliance
You agree to comply with all rules, safety instructions, and directions provided by staff or posted on site.
6. Acknowledgment of Risk
You understand and voluntarily accept the inherent risks associated with water activities, including but not limited to drowning, personal injury, and property damage. You also acknowledge that the risks include any particular risks associated with your current health condition or pre-existing disability that you may have.
7. Indemnification
You agree to indemnify and hold harmless Mulwala Water Ski Club against any claims arising out of your use of the lakes.
8. Minors
If the participant is under the age of 18, this waiver must be signed by a parent or legal guardian. By signing below, the parent or legal guardian agrees to the terms and conditions herein on behalf of the minor and affirms their authority to do so.
9. Emergency Contact
You will fill out the emergency contacts below
10. Medical Treatment Authorization
In the event of an injury or medical emergency, I authourise the Mulwala Water Ski Club staff to secure medical treatment for myself (or the participant) as deemed necessary.
11. Governing Law
This waiver shall be governed by the laws of New South Wales, Australia.
12. Photo & Video Consent
I consent to the use of photographs or video recordings taken during activities for promotional or marketing purposes by Mulwala Water Ski Club.
13. Participating or hiring Access
By participating in or hiring access to any water-based activities or facilities (including but not limited to the lake), you acknowledge and agree to the following:
• You do so at your own risk.
• All participants must follow safety instructions and use appropriate safety equipment.
• If you are hiring or using the lake for activities involving a boat or towing (such as water skiing, wakeboarding, etc.), you must:
o Hold and maintain a valid comprehensive boat insurance policy that includes a minimum of $10 million in public liability and water skiers liability coverage;
o Ensure that the vessel is operated by a person holding an appropriate and current boat operator's licence;
o Provide evidence of such insurance and licensing upon request.
14. Use of Ramps and Jumps
The Participant expressly acknowledges and agrees that the use of any ramp, jump, or similar structure (collectively referred to as "Ramp Facilities") provided by Mulwala Water Ski Club is undertaken entirely attheir own risk.
The Participant further acknowledges and agrees that:
1. Mulwala Water Ski Club does not hold, and expressly disclaims, any insurance coverage for any injury, loss, damage, or claim arising directly or indirectly out of the use of the Ramp Facilities;
2. The Participant voluntarily assumes all risks associated with the use of the Ramp Facilities, including but not limited to the risk of serious injury or death;
3. To the fullest extent permitted by law, the Participant releases and indemnifies Mulwala Water Ski Club its directors, employees, contractors and agents from any and all liability, claims, demands, damages or causes of action arising from or in connection with the use of the Ramp Facilities.
15. Third Party Participants Clause (Group Skiers)
The undersigned acknowledges and agrees that they are responsible for any and all individuals who participate in water skiing, wakeboarding, or other related activities behind their vessel during the hire period. The undersigned warrants that all such individuals:
• Have been informed of the inherent risks involved in water skiing and similar activities;
• Have voluntarily assumed those risks; and
• Have been made aware that they are not covered by any insurance held by the Club.
The undersigned agrees to indemnify and hold harmless the [Mulwala Ski Club], its officers, employees, and volunteers from any claim, liability, loss, or expense arising from injury or damage to any such third party participant.
16. Shared Responsibility Clause – Hirer and Boat Owner
Where the person making this booking is not the owner and/or operator of the vessel used for skiing activities, both the Hirer and the Boat Owner acknowledge and agree as follows:
1. The Boat Owner is solely responsible for the operation of their vessel and for any participants engaging in skiing or towing activities behind it.
2. The Hirer confirms that the Boat Owner has agreed to abide by the terms of this waiver and the club’s rules.
3. The Boat Owner indemnifies the Club against any claim, liability, or damage arising from their operation of the vessel or from injury to participants skiing behind their vessel.
By signing this waiver, the Hirer agrees to ensure the Boat Owner receives and accepts these conditions prior to any on-water activity taking place.
17. Parent/Guardian Clause
If you are signing this document as a parent, guardian or responsible person performing parenting responsibilities, you acknowledge, confirm and agree that you have explained to the participating person that the Recreational Activities provided by the Club may involve risks generally and the particular risks described in this form.
18. Civil Liability ACT 2002 (NSW).
1. By signing this form you acknowledge, agree and understand that the risk warning set out herein constitutes a formal “risk warning’ for the purposes of any relevant legislation, including Section 5 M of the Civil Liability ACT 2002 (NSW).
2. To the extent permitted by law, the operation of Part 4 of the Civil Liability Act 2002 (NSW) is excluded in relation to all rights, obligations and liabilities arising under or in relation to my involvement with Mulwala Water Ski Club at the privately owned lakes, or in Lake Mulwala, despite how such rights, obligations or liabilities are sought to be enforced.
19. Exclusion of Statutory Warranties under Australian Consumer Law
Section 139A of the Competition and Consumer Act 2010 (Cth) permits the Mulwala Water Ski Club as the provider of the Recreational Activities and associated services to ask you to agree that the statutory guarantees under the Australian Consumer law (Cth) do not apply to you or for a person for whom or on whose behalf you are acquiring the services to engage in the Recreational Activities.
20. Binding nature of Agreement
The release contained herein is binding on my heirs, next of kin and executors, administrators and other legal personal representatives.