Risk Warning and Waiver

The following information affects your legal right and obligations. Please read this information carefully and only sign if you fully understand their contents. For Participants under 18 years of age, the information must be agree to by a parent or legal guardian.

Risk Warning: 

You acknowledge that activities being undertaken for the purposes of recreation, enjoyment, or leisure may involve a significant degree of risk of physical harm. You acknowledge that an Activity* may be undertaken with one or more other persons as part of a group and that the PCQ and its agents are not liable for the actions of other participants in the group activity. You acknowledge, agree and understand that the risks associated with the Activities and/or recreational services** have been explained to you and that the you undertake any such risk voluntarily and at your own risk.You acknowledge that participation in any activities arranged by PCQ or its agents, certain risks or dangers may occur which could include:

• Physical, bodily, or psychological injury or death.
• Physical exertion to which the participant may not be accustomed.
• Failure of equipment or use of inadequate equipment.
• Inadequate or non-existent facilities for treatment or transport to treatment in the case of injury.
• Conditions in which the activities are conducted varying without warning.
• Participants inadvertently causing injury to one another and/or to other parties.
• Injury or death due to the negligence, breach of contract or breach of statutory duty or guarantee.

Participant’s Warranties:
You agree that your child will abide by any of the rules, and any direction or instruction given by the Activity Director or other OCQ agents during the course of the Activities. You agree that your child will use and/or wear any applicable protective clothing or equipment required by PCQ or its agents.

You declare that the participant is medically and physically fit and able to participate in the Activities.
You acknowledge that you must, and agree that you will, disclose any pre-existing medical or other condition, injury or concern that may affect the risk that either your child or any other person will suffer injury, loss or damage during the course of the Activities and notify the PCQ and its agents of any injuries, illness or concerns that may arise during the Activity. You agree that your child will not engage in any reckless, negligent or foolish behaviour or any other behaviour that is likely to cause injury to themselves, any other participant or person.
You agree that if your child suffers any injury or illness, the PCQ may provide evacuation, first aid and/or medical treatment at your expense and that your acceptance of these terms and conditions constitutes your consent to such evacuation, first aid and/or medical treatment.
You declare that your child will not consume any alcohol or mind altering substance, or medication that may impact their judgement or physical capacity, before or at the time of engaging in the Activities.

Exclusion of liability:
You agree to and unconditionally release, waive, discharge and forever hold harmless, the PCQ or any of its employees, agents, directors or officers, from any claims as a result of any personal injury sustained, whether caused by the PCQ’s negligent act or wilful act or omission, breach of contract, breach of statutory duty, error, or otherwise in connection with or arising out of the Activities.
You agree that the PCQ will not be liable for any claims for personal injury that may be brought against it as a result of or in connection with any act, omission, default, failure or error on the part of the PCQ, and agree to indemnify and keep indemnified the PCQ in respect of any such claims.

Waiver:
It is possible for a supplier of recreational services to ask you to agree that the statutory guarantees under the Australian Consumer Law (which is schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you. If you submit this form, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the PCQ in relation to the PCQ’s services or the activities that you undertake because the services or activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.

By submitting this form, you agree that the liability of the PCQ in relation to the activities (as defined by the Competition and Consumer Act 2010 (Cth), the Consumer Affairs and Fair Trading Act (NT) and the Australian Consumer Law) and recreational activities (as defined by the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA)) for any:
(a) Deaths;
(b) Physical or mental injuries (including the aggravation, acceleration or recurrence of such an injury);
(c) The contraction, aggravation or acceleration of a disease;
(d) 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 in relation to an individual:
     (i) That is or may be harmful or disadvantageous to you or the community; or
     (ii) That may result in harm or disadvantage to you or 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 the recreational services or recreational activities is excluded.

You acknowledge and agree that the above provision operates to exclude the liability of the PCQ as a result of a breach of an express or implied warranty that the recreational services will be rendered with reasonable care and skill in accordance with section 5J of the Civil Liability Act 2002 (WA) and section 5N of the Civil Liability Act 2002 (NSW).

Declaration and Agreement:

I have read carefully and understand this risk warning and waiver of liability and agree to it freely and voluntarily without inducement of any kind. 

The completion of a registration form is to certify that I, as a parent/guardian with legal responsibility for the Participant, acknowledge, understand and accept all of the above and consent to his/her release as provided above.  I release and agree to indemnify and hold harmless the PCQ and its agents from any and all liabilities arising from my minor child’s involvement or participation in the Activities and/or recreational services, even if arising from the negligence of the PCQ or its agents.