Risk Warning, Waiver and Exclusion Of Legal Liability For Participants

1. Definitions

In this document:

Activities means the activities listed in the Annexure A of these terms and conditions and any other activities undertaken, or potentially undertaken at the Facility as advised by us from time to time.

 

Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010(Cth).

 

Facility means the camping site we operate and includes accommodation facilities and all other amenities located at that site.

 

Risk Management Plan means the risk management plans available at
http://www.peninsulaoutdoors.au.

 

We /us /our means Merricks Lodge Operations Pty Ltd ABN 24 131 743 943 trading as Peninsula Outdoors.

 

You / your means the Participant or their parent or legal guardian (as applicable).

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2. Acknowledgement of liability:

2.1 You acknowledge and agree that you:

(a)   will partake or may partake in the Activities during your visit; and 

(b)    have reviewed all Risk Management Plans prior to undertaking the Activities; and

(c)   accept that the Activities carry an inherent risk and can result in injury; and

(d)   accept the risks involved and are responsible for your own actions and/or involvement; and

(e)   are under no obligation to participate or complete the Activities if you have concerns about your own ability to do so; and

(f)    will raise their concerns with a member of the our team who is conducting the briefing if anything is unclear to you in the briefing;  and

(g)    to the best of your knowledge, are physically and emotionally able to participate in the Activities and know of no reason as to why you should not; and

(h)    have been provided with the necessary information to so that you are able to make an informed decision consenting to undertake the Activities.

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3. Liability:

3.1 To the maximum extent permitted by law:

(a)    we exclude all liability to you or any other person (whether in contract, tort or otherwise) for the death or illness of, or personal injury to, any person, or the loss of, or damage to, property of any kind, in connection with the use of the Facility or other services provided by us, except to the extent that such death, illness, personal injury, loss or damage is incurred as a direct consequence of our negligence or wilful misconduct; and

(b)    we will not be liable (whether in contract, tort, statute or otherwise) for any indirect, consequential, incidental, special or exemplary losses or damage of any kind or for any business, financial or economic loss including loss of profits, revenue or opportunity, loss of reputation, or lost bargain arising out of a breach of these terms and conditions, or out of the supply of any goods or services, however caused by us or third−party providers.

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3.2 Subject to the foregoing, our liability to you for any loss or damage will be reduced proportionately to the extent the loss or damage is caused or contributed to by any other person or entity for whose acts or omissions we are not legally responsible (including you).

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3.3 You agree that you will not run any activities at the Facility without authorisation from our management. You agree that, unless we expressly agree otherwise in writing, neither we nor our staff or sub− contractors are responsible for supervising you. 

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4. Severability

4.1 If a provision of this document is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

 

5. Signing section

5.1This risk warning and wavier sections in this document are required to be read and agreed to by all participants prior to participating in the Activities supplied, organised, supervised, and conducted by or on behalf of us.

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5.2 In addition to this, all participants who are under the legal age of 18 years must have a parent or guardian in charge of their care, read and agree to the terms of this document prior to the participant being able to take part in the Activities supplied, organised, supervised, and conducted by or on behalf of us.

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5.3 By signing this document, you are implying that all of the information in this document is understood and you agree to the terms of the legal risk warning.

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