I, the Participant, wish to participate in a Riverlife Activity, which is organised and conducted by Adventure Core Pty Ltd, T/A Riverlife Adventure Centre (Riverlife). In consideration of Riverlife allowing the Participant to participate in the Riverlife Activity, the Participant agrees to be bound by the following terms and conditions:
- The Participant acknowledges and agrees as follows:
a) I am participating in the Riverlife Activity at my own risk.
b) I am participating in the Riverlife Activity for the purposes of recreation, enjoyment or leisure, which involves obvious and inherent risks, including a degree of physical risk.
c) Conditions may be hazardous and vary without warning or prediction. Other participants may act dangerously or without skill. My property may be damaged, lost or destroyed.
d) Under the Civil Liability Act 2003 (Qld), Riverlife, its associated or related entities, or any director, employee, servant, agent or volunteer (collectively, Riverlife’s “Associates”) will not be liable for any loss or harm suffered by me due to the materialisation of an obvious and/or inherent risk arising from my participation in the Riverlife Activity.
e) I am participating in the Riverlife Activity freely, voluntarily and at my own risk with full appreciation of the nature and the extent of all risks and requirements involved in the Riverlife Activity.
f) Riverlife may end my involvement in the Riverlife Activity or refuse to allow me to participate in the Riverlife Activity if Riverlife considers in its absolute discretion that I am or may act in a way which is unsafe or reckless.
- The Participant warrants as follows:
a) I am in good health.
b) Immediately prior to and at all times during the Riverlife Activity I am not and will not be under the influence of alcohol or drugs whatsoever.
c) I am free from any injury, medical condition (including pregnancy, heart condition or seizure), disability, disease or illness which may be aggravated by participation in the Riverlife Activity, or may affect or interfere with my ability to engage in the Riverlife Activity.
d) I am confident that my health and safety and that of other participants will not be put at risk by my taking part in the Riverlife Activity.
e) I will make Riverlife aware if I have any current medical condition that may affect or limit my ability to participate in the Riverlife Activity.
- The Participant agrees to do the following:
a)Act in a safe manner at all times and be considerate of Riverlife, its Associates and the other participants.
b)Seek assistance in the event I find myself in difficulty during the Riverlife Activity, including if I develop any medical conditions or injuries.
c) Abide by all rules and regulations established by Riverlife and any direction of any Associate regarding the use of Riverlife’s facilities, equipment and services, including the Riverlife Activity.
d) Use the personal protective equipment provided for the Riverlife Activity.
e) Consent to Riverlife’s promotional use of my image whilst participating in the Riverlife Activity, using Riverlife’s equipment or on Riverlife’s property. I will make Riverlife aware if I have any objection to this Item 3(e).
- The Participant indemnifies and will keep Riverlife and its Associates indemnified from and against all actions, suits, proceedings, claims, liabilities, demands, costs, losses, damages and expenses of whatsoever nature and howsoever occurring, brought against Riverlife or its Associates by the Participant or by any other person or which Riverlife or its Associates may themselves pay, suffer, or sustain, arising directly, indirectly or in any other way connected with the Participant participating in the Riverlife Activity, whether in contract, tort (including negligence), breach of statutory duty or otherwise. This indemnity applies irrespective of any negligence on the part of Riverlife, its Associates or any other person.
- This agreement may be pleaded as a bar by Riverlife and its Associates to any action, suit, proceeding, claim, liability, demand, costs, losses, damages and expenses made by the Participant or anyone claiming by, through or under the Participant howsoever arising out of or in connection with the Participant participating in the Riverlife Activity.
- Certain legislation, including the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1989 (Qld), may imply or impose warranties or terms into any agreement between Riverlife and the Participant, which cannot be excluded restricted or modified except to a limited extent. To the extent allowed by any such legislation or otherwise at law, Riverlife and its Associates limit their liability to, at Riverlife’s sole discretion, supplying the services again, or the payment of the cost of having the services supplied again.
- The Participant expressly agrees this agreement shall be construed and take effect in accordance with the laws of Queensland and Australia for the time being in force.
- All of the clauses in this agreement are to be construed individually, and in the event that any provision or part thereof becomes invalid or unenforceable or be otherwise severed from this agreement, then the remaining clauses will remain valid and enforceable.
- Where the Participant is under the age of 18 years or otherwise under a legal disability, the below-signed Legal Guardian enters into this agreement on behalf of the Participant. By signing this agreement, the Legal Guardian:
a) warrants all statements made in this agreement with respect to the Participant are true, complete and accurate;
b) indemnifies and will keep Riverlife and its Associates indemnified for any breach of a statement in this agreement made with respect to the Participant; and
c) indemnifies and will keep Riverlife and its Associates indemnified from and against all actions, suits, proceedings, claims, liabilities, demands, costs, losses, damages and expenses of whatsoever nature and howsoever occurring, brought against Riverlife or its Associates by the Participant or by any other person or which Riverlife or its Associates may themselves pay, suffer, or sustain, arising directly, indirectly or in any other way connected with the Participant participating in the Riverlife Activity, whether in contract, tort (including negligence), breach of statutory duty or otherwise. This indemnity applies irrespective of any negligence on the part of Riverlife, its Associates or any other person.
Declaration and signature
By signing this agreement, the Participant (and if applicable, the Legal Guardian) acknowledges the following:
1. I have read and understood and agreed to be bound by the above terms and conditions.
2. Participation in the Riverlife Activity is voluntary and subject to risks.
3. I will follow the directions of Riverlife and its Associates during the course of the Riverlife Activity.
4. I understand I waive my right to sue Riverlife and its Associates for any losses relating to personal injury or other loss that results from my participation in the Riverlife Activity, including from Riverlife’s negligence.