liability-waiver-general-waiver

LIABILITY WAIVER GENERAL WAIVER, INDEMNITY AND LIMITATION OF LIABILITY

PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A LEGALLY BINDING DOCUMENT. IT AFFECTS YOUR LEGAL RIGHTS AND CONTAINS RELEASES OF LIABILITY AND A WAIVER OF YOUR LEGAL RIGHTS.

In consideration of us providing the Activities, this Waiver of Liability (Waiver) is made by the individual undertaking the Activities (Participant, you or your), with LLDB PTY. LTD. T/A Our Secret Spot (ABN 65 167 397 168) (we, us or our). For the purposes of this Waiver, Activities means any equipment usage and physical or verbal interactions with other guests and Service means event or party within 191 Parramatta Road, Annandale NSW 2038.

1. The Participant acknowledges and agrees that:

a. they have read and understood the risks of the Activity and they voluntarily agree to assume those risks when they participate in the Activity and engage in the Service;

b. the Activity is being undertaken for the purposes of recreation, enjoyment or leisure, which involves obvious and inherent risks to the Participant or people in their care or control, as well as a significant degree of physical risk, including but not limited to the risk of personal injury, contracting medical conditions, health issues and or even death. The risks include but are not limited to:

Overexertion
Actions of other guests
Equipment failure
Sexual contact with other guests
Failure to follow staff directions

c. they are undertaking the Activity/ Service freely, voluntarily and at their own risk with full appreciation of the nature and the extent of all risks and requirements involved;

d. prior to participating in the Activity/ Service the risks and requirements have either been explained to them orally or they have been provided to them in writing;

e. they fully understand the risks and requirements for the Activity/ Service;

f.in the event they or any person in their care or control find themselves in difficulty, they are to stop the Activity/ Service or request that it is stopped (as the case may be) and seek assistance.

g. prior to signing this Agreement, they informed the Provider of any pre-existing medical conditions, heath issues, sex records or injuries which might affect their ability to participate safely in the Activity;

h. if they develop any medical conditions, physical health issues or injuries during the Activity or preparing for the Activity/ Service, they must inform the Provider immediately;

i.at the time of signing this Agreement and during participation in the Activity/ Service, the Participant will not be under the influence of or affected to any extent by medication and drugs (whether legal or illegal);

j. they must not consume any medications or drugs (whether legal or illegal) while participating in the Activity;

k. if they are consuming medication which are prescribed by medical practitioner then they must inform the Provider immediately;

l. they must comply with any signs, instructions or directions relating to the Activity/ Service;

m. the Provider has an unfettered right to end the Participant’s involvement in the Activity or to refuse to allow the Participant to participate in the Activity and engage in any Services if the Provider considers in its absolute discretion that the Participant has or may act in a way which is unsafe or reckless.

2. The Participant warrants that they have the physical and mental capacity required to safely participate in the Activity/Service. If the Participant becomes aware of any medical, physical or psychological condition that may affect their ability to safely participate, they must immediately stop participating and inform the Provider. The Participant warrants they know of no medical reason why they cannot participate in the Activity/Service.

3. To the maximum extent permitted by law, the Participant waives and releases the Provider and its Associates from any liability for any loss, damage, expense or injury that the Participant may suffer as a result of their participation in the Activity. The Participant agrees not to bring any claim or proceeding against the Provider or its Associates for any such loss, damage, expense or injury.

4. This Agreement may be pleaded as a bar by the Provider and its Associates to any action, suit, proceeding, claim, liability, demand, costs, losses, damages and expenses made by the Participant or anyone including any agent or representative claiming by, through or under the Participant howsoever arising out of or in connection with the Participant participating in the Activity and or engaging in the Services.

5. Certain legislation, including the Competition and Consumer Act 2010 (Cth) and the Fair-Trading Acts of New South Wales, may imply or impose warranties or terms into any agreement between the Provider and the Participant, which cannot be excluded restricted or modified except to a limited extent.

To the extent allowed any such legislation or otherwise at law, the Provider and its Associates limit their liability to, at the Provider’s sole discretion, supplying the services again, or the payment of the cost of having the services supplied again.

6. All of the clauses in this Agreement are to be construed individually and should any one of these clauses or parts thereof become invalid or unenforceable or be otherwise severed from this Agreement, the remaining clauses shall remain valid and enforceable and such clauses will be determinative of the liability of the Participant, the Provider and its Associates (except to the extent any statute may provide otherwise)relating to the Participant’s participation in the Activity.

7. This Waiver is governed by the laws of New South Wales. The parties submit to the exclusive jurisdiction of the courts of New South Wales.

8.In this Agreement: ‘Associates’ means any associated or related entity of the Provider, or any employee, servant, agent, director, volunteer, or officer of the Provider or an associated or related entity of the Provider.

9. Any notice to the Provider under this Agreement must be in writing and sent to:

LLDB PTY. LTD. T/A Our Secret Spot (ABN 65 167 397 168)

Email: info@oursecretspot.com.au

DELCLARATION
By Ticking the waiver checkbox on the checkout page, the Participant acknowledges that:

10. they are bound by the above terms;

11. participation in the Activity/ Services may cause them to suffer personal injury, risk of contracting medical condition or health issues and can cause death;