Waiver
NOTE: the Competition & Consumer Act 2010 ("the Act") implies a warranty of due care and skill into contracts for the supply of services to consumers, as defined in the Act. To the extent that the warranty applies to any contract relevant to the Release and Waiver of Liability, it cannot be excluded.
Subject to that warranty, if applicable and in consideration of being permitted to [undertake an acting training course with outside facilitators] (“the Course”) provided by Rachel Elizabeth Williams trading as “Play. Every. Day.” (ABN 41 142 457 236) (“P.E.D.”), each of the undersigned, for himself/herself, his/her personal representatives, heirs and next of kin:
1. Acknowledges, agrees and represents that he/she further agrees and warrants that, if at any time, he/she feels anything to be unsafe, he/she will immediately advise the officials of such and refuse to participate further in the Course.
2. Hereby releases, waives, discharges and covenants not to sue P.E.D. (including its directors, officers, agents and employees), other participants in the Course, volunteers, or any owners and lessees of premises used to conduct the Course, all for the purposes as herein referred to as "Releasees", from any and all liability to the undersigned, his/her personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demand therefore on account of injury to the person or property or resulting in death of the undersigned arising out of injury to the person or property or resulting in the death of the undersigned arising out of or relating to the Course for as long as the person is undergoing the course with P.E.D whether caused by the negligence of the Releasees or otherwise.
3. Hereby agrees to indemnify and save and hold harmless the Releasees and each of them from any loss, liability, damage or cost they may incur arising out of or related to the Course, whether caused by the negligence of the Releasees or otherwise.
4. Hereby assumes full responsibility for any risk of bodily injury, death or property damage arising out of or related to the Course whether caused by the negligence of the Releasees or otherwise .
5. Hereby acknowledges that the Course may involve activities that are inherently dangerous or carry inherent risk the risk of serious injury and/or death and/or property damage.
6. Hereby agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, and is intended to be as broad and inclusive as is permitted by the laws of the State/Territory in which the Course is conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING MY NAME IN THE BOX TO INDICATE I SIGN IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
BY SIGNING HEREUNDER I CONFIRM HAVING READ AND UNDERSTOOD THE CONTENTS OF THIS DISCLAIMER.
PARENT/GUARDIAN CONSENT FOR UNDER 18 YEAR OLD PARTICIPANTS.
I, being the parent/guardian of the above named, confirm that I have read the whole of this document and have taken all necessary actions to ensure I am aware of the activity which the above named, will be asked to participate in and consent to him/her participating. In doing so, I acknowledge that accidents causing death, bodily injury, disability and property damage can and do happen. I agree that neither P.E.D. (including its directors, officers, agents and employees), other participants in the Course, volunteers, or any owners and lessees of premises used to conduct the Course shall be under any liability whatsoever for the death or any bodily injury, loss or damage which may be suffered or incurred by the above named or by me in or being present at any activity conducted by, or on behalf of the P.E.D. except for any rights the above named or I may have arising under the Competition & Consumer Act 2010 (Cth) (or similar legislation)
By signing hereunder I confirm having read and understood the contents of this disclaimer.