RISK WARNING & WAIVER

RISK WARNING & WAIVER

Service Provider: ADVENTURE 365

Name of Participant: ……………………………………………………………………………………………………………………………..

Address of Participant: …………………………………………………………………………………………………………………………………..

Risk Warning and Acknowledgement

1. Participation in ADVENTURE 365’s retreats including the activities  referred to in this clause (Recreational Activities) supplied by Andrew Pap Consulting Pty Ltd (Service Provider) involves risks including the risk of personal injury and death. Particular risks include risks associated with canyoning, jetboating, hiking, yoga, meditation, cold water immersion and being shoeffed.
2. Before you participate in the Recreational Activities, you should ensure that you are aware of, and properly understand, all of the risks involved in the Recreational Activities, and that those risks will include any particular risks associated with any health condition from which you may suffer.
3. By signing this document, you acknowledge, agree and understand that your participation in the Recreational Activities provided by the Service Provider may involve risks generally and the particular risks described above.
4. By signing this document, you acknowledge, agree and understand that you engage or participate in the Recreational Activities voluntarily and at your own risk.
5. By signing this document, you also acknowledge, agree, and understand that the risk warning above constitutes a ‘risk warning’ for the purposes of the relevant legislation, including for the purpose of Section 5I of the Civil Liability Act 2002 (WA).

I have read and understood the waiver and release conditions as provided (tick box) o

WAIVER & RELEASE CONDITIONS

Service Provider: ADVENTURE 365 

1. Section 139A of Competition and Consumer Act 2010 permits the Service Provider of the Recreational Activities and associated services to ask you to agree that the statutory guarantees under the Australian Consumer Law do not apply to you (or a person for whom or on whose behalf you are acquiring the services).
2. By signing the Risk Warning & Waiver, you acknowledge, agree and understand that, to the full extent permitted by law (including by section 5J of the Civil Liability Act 2002 (WA) and section 139A of the Competition and Consumer Act 2010 (Cth)):
   
   1. Your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the Service Provider, its servant and agents, in relation to the Recreational Activities if the Recreational Activities or associated services were not provided to you in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded, restricted or modified as set out below; and
   2. You (or the person for whom or on whose behalf you are acquiring the services) release the Service Provider, its servant and agents, from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill.
3. By signing the Risk Warning & Waiver, you acknowledge, agree and understand that, to the full extent permitted by law, the liability of the Service Provider in relation to recreational services (as that term is defined in the Australian Consumer Law and any similar state laws) and  recreational  activities  (as that term is defined in the Civil  Liability Act 2002 WA) for any:
   
   1. death;
   2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
   3. the contraction, aggravation or acceleration of a disease;
   4. 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:
      
      1. 3.4.1.that is or may be harmful or disadvantageous to you or the community;
      2. 3.4.2.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.

1. By signing the Risk Warning & Waiver, to the full extent permitted by law, you (or the person for whom or on whose behalf you are acquiring the services) agree to waive and/or release the Service Provider, its servants and agents, from any claim, right or cause of action which you or your heirs, successors, executors, administrators, agents and assigns might otherwise have against the Service Provider, its servant and agents, for or arising out of your death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever which you may suffer or sustain in the course of or consequential upon or incidental to your participation in the Recreational Activities, whether caused by the negligence of the Service Provider, its servant and agents, or otherwise.
2. By signing the Risk Warning & Waiver, you acknowledge, agree and understand that:
   
   1. The Service Provider will permit you to participate in the Recreational Activities, and provide you with the associated services, in part in consideration of you signing this document;
   2. The Service Provider may rely on this document in any proceedings commenced in any Court by me or by my heirs, executors and assigns.
3. You do not have to agree to exclude, restrict or modify or waive your rights against, or release, the Service Provider, its servants and agents, from any claims by signing this document, however the Service Provider may refuse to allow you to participate in the Recreational Activities, or to provide you with the associated services, if you do not agree to exclude, restrict, modify or waive your rights against, or release, the Service Provider, its servants and agents, by signing the Risk Warning & Waiver. Even if you sign this document, you may still have further legal rights.