WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

Under the Australian Consumer Law (Tasmania), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-

• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

The “Recreational Service Provider” is Christian Youth Centre Inc. (ABN 55 998 219 869) (CYC) trading as:
- Camp Clayton

“Recreational Activities” include any activities undertaken at any properties owned or operated by CYC including (CYC Premises):
– 41 Clayton Road, Ulverstone
– And anywhere in Australia where the Recreational Service Provider has property permanently or temporarily located in the course of its business.

1. Some Recreational Activities are dangerous due to their physically challenging nature. The risks associated with the Recreational Activities are as follows:

Entanglement, entrapment, stabbing, shearing, puncture, striking, slip-trip-fall, friction, crushing, cutting, biological material (incl. Covid19), flora and fauna, structural & equipment failure, medical, environmental exposure, travel, psychological, unsupervised usage, manual handling/ergonomics, house keeping

2. In consideration for my participation in the Recreational Activities I agree, and for and on behalf of the Minor, represent and warrant to, and agree with the CYC, that:

(a) I have voluntary elected to participate in the Recreational Activities. I acknowledge that the Recreational Activities involve participation in sporting activities, leisure time pursuits or another activity involving physical exertion and is undertaken for the purpose of recreation, enjoyment or leisure.

(b) I understand that there are inherent risks, hazards and dangers associated with participating in the Recreational Activities, and that the I may suffer serious injury, or even death as a result of my participation in the Recreational Activities.

(c) I freely and voluntarily assume all risks associated with participating in the Recreational Activities and acknowledge that my participation is entirely at my own risk and that I may withdraw from the Recreational Activities at any time.

(d) I am physically and medically fit to participate in the Recreational Activities. I am not aware of any medical condition, impairment, disease, illness or other reason for why I should not participate in the Recreational Activities.

(e) To the fullest extent permitted by law, I indemnify and will keep indemnified CYC and each of its directors, officers, employees, volunteer, promoters, independent contractors and agents (together the CYC Parties) against all costs, losses or damages however caused, arising from or in relation to my participation in the Recreational Activities.

(i) To the fullest extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) and Division 5 of the Civil Liability Act 2002 (TAS) the CYC Parties exclude all liability (including in relation to any warranty or guarantee) arising from any loss or damage suffered by me in connection with the Recreational Activities, including in respect of any death, physical or mental injury (including aggravation, acceleration or recurrence of such an injury), contraction, aggravation or acceleration of a disease or coming into existence, aggravation, acceleration or recurrence of any other condition or occurrence that is or may be harmful or disadvantageous to me arising from the Recreational Activities not being supplied with due care and skill or not being reasonably fit for purpose or for any breaches or failure of any consumer guarantees under Schedule 2 to the Australian Consumer Law or the Tasmanian Consumer Law, or due to negligence by any of CYC or CYC Parties or for breach of contract.

(i) In consideration for my participation in the Recreational Activities: exclude all liability (including in relation to any warranty or guarantee) arising from any loss or damage suffered by me in connection with the Recreational Activities in respect of any death, physical or mental injury (including aggravation, acceleration or recurrence of such an injury), contraction, aggravation or acceleration of a disease or coming into existence, aggravation, acceleration or recurrence of any other condition or occurrence that is or may be harmful or disadvantageous to me arising from the Recreational Activities.

(h) To the fullest extent permitted by law, the CYC Parties' liability to me for a breach of any non-excludable guarantee is limited to a refund for any fees paid by me to CYC to attend an activity at CYC Premises.

(i) Nothing in this document excludes, limits or modifies the application of the Australian Consumer Law or the Tasmanian Consumer Law, or the exercise of any rights or remedies conferred by the Australian Consumer Law or the Tasmanian Consumer Law where to do so would contravene the Australian Consumer Law.

(j) I consent to receiving any medical treatment (including without limitation, ambulance transportation) which is considered by CYC to be advisable or deemed reasonable before, during or after the Recreational Activity. I indemnify and will keep indemnified CYC for all costs associated with this medical treatment.

(k) I am fully responsible for any loss or damage to, and the security of my personal belongings before, during and after the Recreational Activities.

(l) the collection and use of my personal information in accordance with this Waiver and Release and CYC’s Privacy Policy (available at https://campclayton.org.au/privacy-policy

(m) the recording of my likeness and/or voice by any means (including but not limited to audio and visual recordings by television cameras and photographers) (together the “Images”), and

(n) the use of the images for commercial exploitation and other promotional or public relations purposes, throughout the world by any means (including but not limited to broadcast, telecast and print) by CYC partners without compensation to me

3. This Liability Waiver and Consent Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law within Australian states and territories.

4. I certify that I have read this document and that I fully understand its content. I am aware that this is a release of liability and a binding contract that I sign of my own free will.

5. I sign this document with my electronic signature.

The undersigned parent/guardian represents that he/she is, in fact, acting in such capacity, has consented to his/her child or ward’s participation in the activity or event, and has agreed individually and on behalf of the child or ward, to the terms of the accident waiver and release of liability set out above. The parent or guardian further agrees to save and hold harmless and indemnify CYC from all liability, loss, cost, claim or damage whatsoever which may be imposed upon CYC because of any defect or lack of such capacity to so act and release CYC on behalf of the Minor and the parent or guardian.