River Sled Risk Warning, Waiver of Liability & Hire Agreement
Name of Provider The Steps Barrington/Barrington Outdoor Adventure Centre Pty Ltd
Address of Provider 535 Manchester Rd, Bindera NSW 2422
The following section applies to the person completing this document. Parents/guardians with legal responsibility must complete this form for participants under age 18.
For Participants under age 18
This is to certify that I, as a parent/guardian with legal responsibility for the Participant, acknowledge, understand and accept all of the below and consent to his/her release as provided above. I release and agree to indemnify and hold harmless the Provider 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 Provider.
GENERAL TERMS AND CONDITIONS, RISK WARNING, PARTICIPANT’S WARRNTIES, EXCLUSION OF LIABILITY AND WAIVER:
The following information affects your legal rights and obligations. By accepting this agreement you will waive or give up certain legal rights, including the right to sue or claim compensation following an accident.
PLEASE READ THESE CAREFULLY and only sign if you fully understand their contents. For Participants under 18 years of age, these documents must be completed by a parent or legal guardian.
In this Release Agreement the term ‘river sledding’ includes use of The Steps Barrington River Sled at The Steps Barrington and on the Barrington River.
River Sledding at The Steps Barrington
GENERAL TERMS AND CONDITIONS
1. River sledding is an inherently dangerous activity. Whilst river sledding you will be exposed to risks including but not limited to; slippery and uneven surfaces, avoidable and unavoidable obstacles, rocks, trees and other submerged obsticles, moving and white water and weather conditions. Even with all possible risk controls and protective equipment, the risk of severe injury or death remains. All participants must be aware of these risks and acknowledge the potential risk of harm or death.
2. Participants are responsible for ensuring that they have the physical capacity to complete the activity.
3. Participants MUST NOT utilise river sleds while under the influence of drugs or alcohol. The Steps Barrington reserves the right to deny access to river sleds to any patron they believe may be under the influence of drugs or alcohol.
4. All users of river sleds who are under 18 years of age, MUST have this form signed by a parent or guardian
5. All participants under the age of 12 must be accompanied by a parent or guardian at all times
6. Provided helmets and life jackets MUST be worn at all times.
7. Closed toe footwear and upper and lower body clothing is STRONGLY RECOMMENDED while using river sleds.
8. Participants MUST NOT attempt any feature unless they have the ability to do so. All features MUST be inspected prior to river sledding. All participants must remain in control and within their ability at all times.
9. The Steps Barrington is a private campground facility. All persons on the property must hold a current and valid booking and be checked-in.
10. All river sled users MUST obey the The Steps Barrington rules at all times.
11. The Steps Barrington reserves the right to revoke or refuse hire to any user.
Risk Warning
I am aware that by my participation in any activities arranged by the Provider, certain risks or dangers may occur which could include:
I acknowledge that the Activity may be undertaken with one or more other persons as part of a group and that the Provider is not liable for the actions of other participants in the group activity.
By signing below, I acknowledge, agree and understand that the risks associated with the Activities and/or recreational services have been explained to me. I undertake any such risk voluntarily and at my own risk.
I acknowledge that the risk warning above constitutes a “risk warning” in accordance with the Civil Liability Act 2002 (NSW).
Participant’s Warranties
I agree to abide by any of the Provider’s rules, and any direction or instruction given to me by the Provider during the course of the Activities.
I declare that I am medically and physically fit and able to participate in the Activities. I acknowledge that I must, and agree that I will, disclose any pre-existing medical or other condition, injury or concern that may affect the risk that either I or any other person will suffer injury, loss or damage during the course of the Activities and notify the Provider of any injuries, illness or concerns that may arise during the Activity. I will not engage in any reckless, negligent or foolish behaviour or any other behaviour that is likely to cause injury to me, any other participant or person.
I agree that if I suffer any injury or illness, the Provider may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.
I declare that I have not consumed any alcohol or mind altering substance, or medication that may impact my judgement or physical capacity, before or at the time of engaging in the Activities.
Exclusion of liability
I agree to and unconditionally release, waive, discharge and forever hold harmless, the Provider or any of its employees, agents, directors or officers, from any claims as a result of any personal injury sustained, whether caused by the Provider’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.
I agree that the Provider 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 Provider, and agree to indemnify and keep indemnified the Provider 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 sign 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 Provider in relation to the Provider’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 signing this form, you agree that the liability of the Provider in relation to the activities (as defined by the Competition and Consumer Act 2010 (Cth), and the Australian Consumer Law) and recreational activities (as defined by the Civil Liability Act 2002 (NSW)) for any:
You acknowledge and agree that the above provision operates to exclude the liability of the Provider 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 5N of the Civil Liability Act 2002 (NSW).
Agreement to exclude, restrict or modify your rights:
I agree that the liability of the Provider for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded.
Conditions of Hire
Terms and conditions of hire referred to in this Hire Agreement from THE STEPS BARRINGTON / BARRINGTON OUTDOOR ADVENTURE CENTRE PTY LTD and dated the date on the Booking.
OWNERSHIP AND CONDITION
1. The Hirer acknowledges that the equipment (which shall include all fittings accessories and ancillary equipment taken by the Hirer or part of them whether listed on the Booking or not) is the property of the Owner and that the Hirer has received them in good order and condition.
The hirer must inspect the equipment before accepting it for any damage or defects. Acceptance of the equipment is acceptance that it is in good usable condition. Any marks, damage or defects should be notified on the Booking prior to signing and photographed. The hirer is responsible for returning the equipment in no worse condition than at the commencement of the hire period.
COLLECTION AND RETURN
2. The period of Hire is listed on the Booking. Hire equipment must be returned prior to the finish time listed on the Booking or a Late Fee will be charged at $50 per hour or part there of.
DETERMINATION OF HIRING BY HIRER
3. The hirer may determine the hiring at any time by giving notice in writing to the owner at its address for the time being and by returning the said equipment to the Owners at the hire’s own risk and expense to such address and shall thereupon pay to the Owner all moneys then payable to it under this agreement.
INDEMNITY AND LIABILITY
4. The Hirer’s attention is drawn to the Competition and Consumer Act 2010
and to any other relevant State legislation which gives Hirer’s certain rights against suppliers being those rights which cannot be excluded restricted or negative. Nothing in these terms condition shall be construed to exclude restrict or modify such rights. (a) The Hirer shall be liable for and shall pay to the owner on demand the costs of repair and / or replacement for all damage to equipment howsoever caused or for the loss or destruction of equipment as herein set out. (b) The Hirer shall be responsible for all risks of or in connection with the use of the equipment including risks to the third parties or their property and the Hirer hereby indemnifies the Owner against any claim action suit or charge or sums payable which may be claimed incurred or paid by reason of the condition of the equipment and the possession and use of the equipment by the hirer or anyone claiming under him or using the equipment with or without the Hirer’s permission and the Hirer hereby releases the owner of any loss claim action suits or damage by the Hirer or any other person pursuant to this agreement. (c) The owner is hereby excluded from any liability or responsibility for the safety or suitability or the equipment for the purposes from which the Hirer intends to use it and any warranty express or implied as to the suitability of the equipment for intended use of the hirer is hereby expressly negative and the Owner shall not be liable to the Hirer for any loss or damage or delay caused through any defect or breakdown or accident or by reason of the equipment being unsuitable for the purpose of the Hirer.
Personal insurance cover is not included. We recommend you take out personal insurance cover prior to the hire period.
PAYMENT
5. (a) The Hirer agrees to pay all monies due to the Owner in accordance with the Owner’s schedule of current rates prior to hire and all other moneys payable to the Hirer under or by virtue of this agreement of hire on demand or on return of the equipment whichever shall be the sooner. (b) In the event of the hirer failing on or before the expiration of the period to return the equipment in good and serviceable condition to the Owner at the place from which it was collected or other places nominated by the Owner, the Hirer hereby agrees to pay to the Owner on demand the costs incurred in retrieving the equipment and returning it to the place of hire. (c) The Owner may charge your credit card for any products or services purchased and for any additional amounts (including any damages and late fees, as applicable) that may be accrued by or in connection with your hire.
LOSS AND DAMAGE
6. In the event of the Hirer failing to return the equipment on or before the expiration of the hire period to the Owner in good serviceable condition and repair the Hirer agrees as follows- (a) The Hirer shall pay to the owner such sums as are required to restore the equipment to a good and serviceable condition and the determination of the owner or its agents as to the sums required to effect such repairs and restoration shall be final provided that: (b) Should the equipment be in such a condition that in the opinion of the Owner or its agent it is unable to be reasonably restored to a good and serviceable condition the equipment shall be deemed to be destroyed and the Hirer shall pay the cost of replacing the equipment with new equipment of a similar standard and use and the Hirer agrees to pay such sums for a new equipment as are listed on the owner’s schedule of replacement costs: (c) If the equipment or any part thereof is not returned to the owner within fourteen (14) days of the date of return and if the Owner shall not have agreed in writing to the extension of such period the equipment shall be deemed to be lost and the Hirer shall pay to the Owner on demand the replacement cost of such equipment in accordance with the Owner’s schedule of replacement costs as aforesaid and it is agreed. (d) That in addition to the payments for repairs or replacement which may be required pursuant to subclauses (a), (b) or (c) hereof the Hirer shall pay to the Owner’s schedule of the amount of hire which would have been recovered by the Owner for the equipment until the date of payment of such sums for repairs or replacement.
7. In the event of any dispute as to the costs of repair or replacement pursuant to this agreement the decision of the Owner shall be final.
POSSESSION AND USE
8. (a)The equipment may be used at The Steps Barrington and the Barrington River adjacent (unless otherwise stated on the Booking). (b)Possession of the equipment by the Hirer shall be that of a bailee only and the Hirer shall take reasonable and proper care thereof and precautions against the theft loss or damage to the equipment. The owner shall at all times have access to the equipment to inspect the condition thereof or for such other purpose as are necessary. (c) In the event of the Hirer committing any breach of or failing to fulfil the terms of this agreement or in the event of the Hirer acting or behaving in a manner which in the opinion of the Owner or its agent may prejudicially affect the rights of the Owner or damage the equipment the Owner or its agent may without notice determine the hiring and recovery possession of the equipment and retain all sums paid to the Owner but without prejudice to any subsisting or future rights of the Owner with respect to any breach or default.
ASSIGNMENT
9. The Hirer shall not without the written consent of the owner assign or purport to assign this agreement or any of his or hers rights hereunder to any other party.
CONSTRUCTION
10. This agreement shall be construed according to the law of the state of New South Wales and any action by the Hirer arising there from shall be brought only in a court of the New South Wales.
INDULGENCE NOT TO AFFECT OWNER’S RIGHTS
11. No neglect delay or indulgence on the part of the Owner in enforcing any terms or conditions of this agreement shall prejudice the strict rights of the Owner hereunder.
Declaration and Signature
I have read carefully and understand this risk warning, waiver of liability and hire agreement and sign it feely and voluntarily without inducement of any kind.
Address of Provider 535 Manchester Rd, Bindera NSW 2422
The following section applies to the person completing this document. Parents/guardians with legal responsibility must complete this form for participants under age 18.
For Participants under age 18
This is to certify that I, as a parent/guardian with legal responsibility for the Participant, acknowledge, understand and accept all of the below and consent to his/her release as provided above. I release and agree to indemnify and hold harmless the Provider 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 Provider.
GENERAL TERMS AND CONDITIONS, RISK WARNING, PARTICIPANT’S WARRNTIES, EXCLUSION OF LIABILITY AND WAIVER:
The following information affects your legal rights and obligations. By accepting this agreement you will waive or give up certain legal rights, including the right to sue or claim compensation following an accident.
PLEASE READ THESE CAREFULLY and only sign if you fully understand their contents. For Participants under 18 years of age, these documents must be completed by a parent or legal guardian.
In this Release Agreement the term ‘river sledding’ includes use of The Steps Barrington River Sled at The Steps Barrington and on the Barrington River.
River Sledding at The Steps Barrington
GENERAL TERMS AND CONDITIONS
1. River sledding is an inherently dangerous activity. Whilst river sledding you will be exposed to risks including but not limited to; slippery and uneven surfaces, avoidable and unavoidable obstacles, rocks, trees and other submerged obsticles, moving and white water and weather conditions. Even with all possible risk controls and protective equipment, the risk of severe injury or death remains. All participants must be aware of these risks and acknowledge the potential risk of harm or death.
2. Participants are responsible for ensuring that they have the physical capacity to complete the activity.
3. Participants MUST NOT utilise river sleds while under the influence of drugs or alcohol. The Steps Barrington reserves the right to deny access to river sleds to any patron they believe may be under the influence of drugs or alcohol.
4. All users of river sleds who are under 18 years of age, MUST have this form signed by a parent or guardian
5. All participants under the age of 12 must be accompanied by a parent or guardian at all times
6. Provided helmets and life jackets MUST be worn at all times.
7. Closed toe footwear and upper and lower body clothing is STRONGLY RECOMMENDED while using river sleds.
8. Participants MUST NOT attempt any feature unless they have the ability to do so. All features MUST be inspected prior to river sledding. All participants must remain in control and within their ability at all times.
9. The Steps Barrington is a private campground facility. All persons on the property must hold a current and valid booking and be checked-in.
10. All river sled users MUST obey the The Steps Barrington rules at all times.
11. The Steps Barrington reserves the right to revoke or refuse hire to any user.
Risk Warning
I am aware that by my participation in any activities arranged by the Provider, certain risks or dangers may occur which could include:
- Physical, bodily or psychological injury or death.
- Physical exertion to which I am not accustomed.
- Failure of equipment or use of inadequate equipment.
- There may be no or inadequate facilities for treatment or transport to treatment if I am injured.
- The conditions in which the activities are conducted may vary without warning.
- I may cause injury to other persons and/or other persons may cause injury to me.
- I may be injured or die due to the negligence, breach of contract or breach of statutory duty or guarantee of the provider.
I acknowledge that the Activity may be undertaken with one or more other persons as part of a group and that the Provider is not liable for the actions of other participants in the group activity.
By signing below, I acknowledge, agree and understand that the risks associated with the Activities and/or recreational services have been explained to me. I undertake any such risk voluntarily and at my own risk.
I acknowledge that the risk warning above constitutes a “risk warning” in accordance with the Civil Liability Act 2002 (NSW).
Participant’s Warranties
I agree to abide by any of the Provider’s rules, and any direction or instruction given to me by the Provider during the course of the Activities.
I declare that I am medically and physically fit and able to participate in the Activities. I acknowledge that I must, and agree that I will, disclose any pre-existing medical or other condition, injury or concern that may affect the risk that either I or any other person will suffer injury, loss or damage during the course of the Activities and notify the Provider of any injuries, illness or concerns that may arise during the Activity. I will not engage in any reckless, negligent or foolish behaviour or any other behaviour that is likely to cause injury to me, any other participant or person.
I agree that if I suffer any injury or illness, the Provider may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.
I declare that I have not consumed any alcohol or mind altering substance, or medication that may impact my judgement or physical capacity, before or at the time of engaging in the Activities.
Exclusion of liability
I agree to and unconditionally release, waive, discharge and forever hold harmless, the Provider or any of its employees, agents, directors or officers, from any claims as a result of any personal injury sustained, whether caused by the Provider’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.
I agree that the Provider 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 Provider, and agree to indemnify and keep indemnified the Provider 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 sign 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 Provider in relation to the Provider’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 signing this form, you agree that the liability of the Provider in relation to the activities (as defined by the Competition and Consumer Act 2010 (Cth), and the Australian Consumer Law) and recreational activities (as defined by the Civil Liability Act 2002 (NSW)) for any:
- Deaths;
- Physical or mental injuries (including the aggravation, acceleration or recurrence of such an injury);
- The contraction, aggravation or acceleration of a disease;
- 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:
- That is or may be harmful or disadvantageous to you or the community; or
- That may result in harm or disadvantage to you or community;
You acknowledge and agree that the above provision operates to exclude the liability of the Provider 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 5N of the Civil Liability Act 2002 (NSW).
Agreement to exclude, restrict or modify your rights:
I agree that the liability of the Provider for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded.
Conditions of Hire
Terms and conditions of hire referred to in this Hire Agreement from THE STEPS BARRINGTON / BARRINGTON OUTDOOR ADVENTURE CENTRE PTY LTD and dated the date on the Booking.
OWNERSHIP AND CONDITION
1. The Hirer acknowledges that the equipment (which shall include all fittings accessories and ancillary equipment taken by the Hirer or part of them whether listed on the Booking or not) is the property of the Owner and that the Hirer has received them in good order and condition.
The hirer must inspect the equipment before accepting it for any damage or defects. Acceptance of the equipment is acceptance that it is in good usable condition. Any marks, damage or defects should be notified on the Booking prior to signing and photographed. The hirer is responsible for returning the equipment in no worse condition than at the commencement of the hire period.
COLLECTION AND RETURN
2. The period of Hire is listed on the Booking. Hire equipment must be returned prior to the finish time listed on the Booking or a Late Fee will be charged at $50 per hour or part there of.
DETERMINATION OF HIRING BY HIRER
3. The hirer may determine the hiring at any time by giving notice in writing to the owner at its address for the time being and by returning the said equipment to the Owners at the hire’s own risk and expense to such address and shall thereupon pay to the Owner all moneys then payable to it under this agreement.
INDEMNITY AND LIABILITY
4. The Hirer’s attention is drawn to the Competition and Consumer Act 2010
and to any other relevant State legislation which gives Hirer’s certain rights against suppliers being those rights which cannot be excluded restricted or negative. Nothing in these terms condition shall be construed to exclude restrict or modify such rights. (a) The Hirer shall be liable for and shall pay to the owner on demand the costs of repair and / or replacement for all damage to equipment howsoever caused or for the loss or destruction of equipment as herein set out. (b) The Hirer shall be responsible for all risks of or in connection with the use of the equipment including risks to the third parties or their property and the Hirer hereby indemnifies the Owner against any claim action suit or charge or sums payable which may be claimed incurred or paid by reason of the condition of the equipment and the possession and use of the equipment by the hirer or anyone claiming under him or using the equipment with or without the Hirer’s permission and the Hirer hereby releases the owner of any loss claim action suits or damage by the Hirer or any other person pursuant to this agreement. (c) The owner is hereby excluded from any liability or responsibility for the safety or suitability or the equipment for the purposes from which the Hirer intends to use it and any warranty express or implied as to the suitability of the equipment for intended use of the hirer is hereby expressly negative and the Owner shall not be liable to the Hirer for any loss or damage or delay caused through any defect or breakdown or accident or by reason of the equipment being unsuitable for the purpose of the Hirer.
Personal insurance cover is not included. We recommend you take out personal insurance cover prior to the hire period.
PAYMENT
5. (a) The Hirer agrees to pay all monies due to the Owner in accordance with the Owner’s schedule of current rates prior to hire and all other moneys payable to the Hirer under or by virtue of this agreement of hire on demand or on return of the equipment whichever shall be the sooner. (b) In the event of the hirer failing on or before the expiration of the period to return the equipment in good and serviceable condition to the Owner at the place from which it was collected or other places nominated by the Owner, the Hirer hereby agrees to pay to the Owner on demand the costs incurred in retrieving the equipment and returning it to the place of hire. (c) The Owner may charge your credit card for any products or services purchased and for any additional amounts (including any damages and late fees, as applicable) that may be accrued by or in connection with your hire.
LOSS AND DAMAGE
6. In the event of the Hirer failing to return the equipment on or before the expiration of the hire period to the Owner in good serviceable condition and repair the Hirer agrees as follows- (a) The Hirer shall pay to the owner such sums as are required to restore the equipment to a good and serviceable condition and the determination of the owner or its agents as to the sums required to effect such repairs and restoration shall be final provided that: (b) Should the equipment be in such a condition that in the opinion of the Owner or its agent it is unable to be reasonably restored to a good and serviceable condition the equipment shall be deemed to be destroyed and the Hirer shall pay the cost of replacing the equipment with new equipment of a similar standard and use and the Hirer agrees to pay such sums for a new equipment as are listed on the owner’s schedule of replacement costs: (c) If the equipment or any part thereof is not returned to the owner within fourteen (14) days of the date of return and if the Owner shall not have agreed in writing to the extension of such period the equipment shall be deemed to be lost and the Hirer shall pay to the Owner on demand the replacement cost of such equipment in accordance with the Owner’s schedule of replacement costs as aforesaid and it is agreed. (d) That in addition to the payments for repairs or replacement which may be required pursuant to subclauses (a), (b) or (c) hereof the Hirer shall pay to the Owner’s schedule of the amount of hire which would have been recovered by the Owner for the equipment until the date of payment of such sums for repairs or replacement.
7. In the event of any dispute as to the costs of repair or replacement pursuant to this agreement the decision of the Owner shall be final.
POSSESSION AND USE
8. (a)The equipment may be used at The Steps Barrington and the Barrington River adjacent (unless otherwise stated on the Booking). (b)Possession of the equipment by the Hirer shall be that of a bailee only and the Hirer shall take reasonable and proper care thereof and precautions against the theft loss or damage to the equipment. The owner shall at all times have access to the equipment to inspect the condition thereof or for such other purpose as are necessary. (c) In the event of the Hirer committing any breach of or failing to fulfil the terms of this agreement or in the event of the Hirer acting or behaving in a manner which in the opinion of the Owner or its agent may prejudicially affect the rights of the Owner or damage the equipment the Owner or its agent may without notice determine the hiring and recovery possession of the equipment and retain all sums paid to the Owner but without prejudice to any subsisting or future rights of the Owner with respect to any breach or default.
ASSIGNMENT
9. The Hirer shall not without the written consent of the owner assign or purport to assign this agreement or any of his or hers rights hereunder to any other party.
CONSTRUCTION
10. This agreement shall be construed according to the law of the state of New South Wales and any action by the Hirer arising there from shall be brought only in a court of the New South Wales.
INDULGENCE NOT TO AFFECT OWNER’S RIGHTS
11. No neglect delay or indulgence on the part of the Owner in enforcing any terms or conditions of this agreement shall prejudice the strict rights of the Owner hereunder.
Declaration and Signature
I have read carefully and understand this risk warning, waiver of liability and hire agreement and sign it feely and voluntarily without inducement of any kind.
