Assumption of Risk: I acknowledge that pickleball is a vigorous physical sport involving rapid directional shifts, paddle contact, and moving objects. I recognise the inherent risks, including slips, trips, falls, collisions with fixed structures, opponents, or doubles partners, eye or facial strikes, sprains, physical exertion to which I may not be accustomed, muscle strains, bone fractures, cardiac events, sudden concussions, repetitive strain or overuse injuries resulting from instructional drills, heat-related illnesses (including heat exhaustion or heat stroke), the unpredictable actions, negligence, or misconduct of other participants, and the aggravation, acceleration, or recurrence of any pre-existing disease or medical condition. I acknowledge Coastal Dinks Pickleball is not liable for the actions of other participants in the group activity. I acknowledge that participation in pickleball involves obvious risks and inherent risks (being risks of something occurring that cannot be avoided by the exercise of reasonable care and skill) as defined under Sections 13 and 16 of the Civil Liability Act 2003 (Qld). I voluntarily assume and accept all obvious, inherent, known, and unknown risks associated with the Activities, and I acknowledge that Coastal Dinks Pickleball has no proactive duty to warn me of obvious risks. I acknowledge that playing surfaces, lighting, ambient court temperatures, and environmental conditions may change without warning, and I accept the risks associated with these dynamic conditions. Participation in 'Activities' includes all sessions, drills, coaching, match play, and all ancillary activities, including coach briefings, inductions, moving between courts, entering and exiting facility grounds, and equipment handling before, during, and after play.
Release of Liability: To the maximum extent permitted by Australian Consumer Law, Queensland legislation, and all other relevant laws applying to sports coaching and recreational activities, I release Coastal Dinks Pickleball (ABN: 47854183236), its Trustee, directors, coaches, contractors, facility hosts (including but not limited to Queensland Department of Education / Nirimba State School, Meridan Community Centre, Baringa Sports Complex, Baringa State School and any other hired venues), and representatives from any claims, liabilities, or expenses arising from physical injury, mental injury, illness, property damage, or equipment-related claims resulting from my attendance, participation, or the professional instruction provided. I agree that the statutory guarantees under the Australian Consumer Law (ACL) regarding the supply of recreational services do not apply to me. I waive my right to sue Coastal Dinks Pickleball for failure to perform services with due care and skill, provided this exclusion does not apply to reckless conduct by Coastal Dinks Pickleball. Where Coastal Dinks Pickleball enters into this agreement via a corporate trustee, its liability is limited to the extent it is entitled to be indemnified out of the assets of the underlying trust. I expressly agree that the exclusion and release of liability extends to any:
(a) death;
(b) physical or mental injury (including the aggravation, acceleration, or recurrence of such an injury or pre-existing medical condition);
(c) the contraction, aggravation, or acceleration of a disease; and
(d) the coming into existence, aggravation, 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 me.
I unconditionally release, waive, discharge, and agree not to sue Coastal Dinks Pickleball, its officers, employees, coaches, agents, and facility hosts from any liability, claims, or demands arising out of personal injury, illness, death, or property damage, whether caused by the negligence, breach of contract, breach of statutory duty, or ordinary default of Coastal Dinks Pickleball, to the fullest extent permitted by law.
Indemnification: I agree to indemnify and hold harmless Coastal Dinks Pickleball and its representatives from any claims, lawsuits, or legal expenses arising directly from my participation. This includes indemnifying the provider against any claims brought by myself, my dependents, or my estate for personal injury, as well as any third-party claims arising from my own reckless actions, negligence, or intentional misconduct on the court.
Non-Playing Minors & Breach of Supervision Liability: I acknowledge that Coastal Dinks Pickleball operates an active sports environment and strictly prohibits non-playing minors from attending or remaining on the sidelines or court surrounds. Coastal Dinks Pickleball and its facility hosts accept no liability, duty of care, or supervision responsibility for any non-playing minor brought onto facility premises in breach of this policy. If I bring a non-playing minor to the facility, I assume sole and total responsibility for their safety and agree to indemnify and hold harmless Coastal Dinks Pickleball from any resulting injuries, incidents, or claims.
Loss of Personal Property: I acknowledge that Coastal Dinks Pickleball and its facility hosts are not liable for the loss, theft, or damage of personal property brought to the venue. I assume all responsibility for securing my personal belongings.
Third-Party Equipment Defect: I acknowledge that Coastal Dinks Pickleball is not the manufacturer of the supplied pickleball equipment. I release Coastal Dinks Pickleball from any strict product liability or claims arising from injuries caused by latent manufacturing defects or the sudden structural failure of third-party equipment.
Emergency Medical Treatment: If I require urgent care, I authorise Coastal Dinks Pickleball staff to coordinate necessary first aid or emergency medical services (including ambulance dispatch) at my sole expense. I acknowledge that any first aid administered by Coastal Dinks Pickleball staff is provided in good faith. I release Coastal Dinks Pickleball from liability for any outcomes resulting from emergency first aid or CPR administered prior to the arrival of professional medical services. I consent to any emergency evacuation, transport, first aid, or medical treatment deemed necessary by Coastal Dinks Pickleball staff, facility hosts, or emergency personnel at my sole expense.
Continuing Effect of Waiver: I agree that this Assumption of Risk and Release of Liability shall continuously apply to all future Coastal Dinks Pickleball coaching sessions, drills, and social match play I attend, without the need for me to execute a new agreement for each session. This agreement remains in full force and effect until explicitly revoked by me in writing.
Dispute Resolution & Governing Law: This agreement shall be governed by the laws of Queensland, Australia. In the event of a dispute, claim, or controversy arising out of or relating to this agreement or my participation, I agree to first attempt to resolve the matter in good faith through mandatory mediation in Queensland before commencing any formal court proceedings. If any provision of this waiver is found to be unenforceable, that provision shall be severed, and the remainder of the waiver will continue in full force and effect.
Binding Effect on Heirs & Estate: I agree that this Assumption of Risk, Release of Liability, and Indemnification agreement shall be fully binding upon my heirs, spouse, executors, administrators, dependents, assigns, and legal representatives.
Parent/Guardian Consent & Indemnity (For Participants Under 18): Where I am signing this agreement on behalf of a minor (the 'Child'), I confirm I am the parent or legal guardian of the Child and have the authority to enter into this agreement. I consent to the Child’s participation and agree to the Medical Declarations on their behalf. I acknowledge the inherent risks of pickleball and voluntarily accept those risks on behalf of the Child. Furthermore, to the maximum extent permitted by law, I agree to indemnify and hold harmless Coastal Dinks Pickleball against any claims, lawsuits, damages, or expenses brought by or on behalf of the Child arising from their participation in the activities.
Data Privacy Notice: Personal and medical information collected on this form is handled securely in accordance with Australian privacy principles solely for health screening, insurance verification, and emergency contact purposes.
Entire Agreement: This document constitutes the entire agreement between myself and Coastal Dinks Pickleball regarding the assumption of risk, release of liability, and venue policies. It supersedes any prior written or verbal agreements, assurances, or representations made by Coastal Dinks Pickleball or its representatives.