For the purposes of this Waiver of liability, indemnity agreement and consent form:

“CYC” or “Provider” is Christian Youth Centre Inc. (ABN 55 998 219 869 (CYC) trading as Camp Clayton and its agents, employees (whether paid or volunteer), officers, directors, affiliates, successors and assigns, coaches, teachers and trustees.

“Recreational Activities” means all recreational, adventure, sporting, educational and leisure activities conducted at or facilitated by CYC, including but not limited to:

Adventure Activities
- Flying fox
- Giant swing
- High ropes activities (including Leap of Faith and Pamper Pole)
- Abseiling
- Rock climbing (including climbing wall activities)
- Archery

Ropes & Challenge Activities
- Low ropes
- Obstacle courses
- Challenge courses (including team rescue)

Water & Beach Activities
- Swimming (including pool and beach activities)
- Surfing
- Raft building
- Water slides

Sports & Games
- Team ball games (including volleyball, indoor basketball and gaga ball)
- Lawn bowls (including outdoor bowling alley use)
- General stadium games
- Frisbee and field games
- Indoor games room activities
- Playground use

Outdoor & Environmental Activities
- Bush walking
- Bush camping
- Beach walking
- Night walks
- Orienteering
- Shelter building
- Fishing
- Farm and animal-related activities
- Mountain bike riding

Creative & General Activities
- Art and craft activities
- Cooking activities (including damper cooking and camp cooking)
- Team building activities and group games

This definition applies whether the activity is conducted on-site or off-site under the supervision or facilitation of CYC, and includes any associated preparation, instruction, supervision, use of equipment, movement between activities, or use of facilities.

2. Statutory Warning (Australian Consumer Law – Tasmania)

Under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) and the Australian Consumer Law and Fair Trading Act 2012 (Tas), statutory guarantees apply to recreational services, including guarantees that services:

- 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 139A of the Competition and Consumer Act 2010 (Cth) and section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Tas), a supplier of recreational services is entitled to ask you to agree that these statutory guarantees do not apply to you in respect of liability for death or personal injury.

If you sign this document, you agree that, to the fullest extent permitted by law, your rights to sue CYC for death or personal injury arising from the supply of recreational services are excluded, restricted or modified as set out below.

This exclusion does not apply to liability arising from gross negligence as defined in the Australian Consumer Law and Fair Trading Regulations 2012 (Tas).

Participation in Recreational Activities involves inherent and obvious risks. I acknowledge that these risks are an integral part of the Activities and cannot be completely eliminated without fundamentally altering their nature.

These risks may include, but are not limited to:
- Physical injury (including serious injury);
- Psychological injury;
- Illness;
- Aggravation of a pre-existing condition;
- Death;
- Equipment failure or malfunction;
- Environmental or weather-related hazards;
- Risks associated with physical exertion;
- Acts or omissions of other participants;
- Risks arising from the negligence of the Provider or others.

I acknowledge that some Recreational Activities may constitute “dangerous recreational activities” for the purposes of the Civil Liability Act 2002 (Tas), and that I am voluntarily choosing to participate in those Activities with full knowledge of the associated risks.

I further acknowledge that, to the fullest extent permitted by law, I accept and assume all risks associated with participation in the Recreational Activities.

I:
- Voluntarily choose to participate;
- Acknowledge that I participate entirely at my own risk;
- Accept and assume all risks of injury, death or loss arising from participation, including risks arising from the negligence of CYC, to the extent permitted by law.

To the fullest extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth) and section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Tas), CYC excludes all liability for death or personal injury suffered by me arising from the supply of Recreational Activities.

This exclusion:
- Applies to liability arising in contract, tort (including negligence), statute or otherwise;
- Applies whether the injury occurs before, during or after the activity;
- Does not apply to gross negligence;
- Does not exclude liability that cannot lawfully be excluded.

To the fullest extent permitted by law, I release CYC from liability for personal injury arising from participation in the Recreational Activities.

I agree:
- To comply with all lawful directions of CYC;
- Not to engage in reckless, dangerous or unlawful conduct;
- To use equipment as instructed.

I indemnify CYC against loss, damage or liability caused by my wilful, reckless or unlawful conduct during the Recreational Activities.

(This indemnity does not apply to loss caused by CYC’s gross negligence.)

I consent to the collection and use of my personal information in accordance with this Waiver and Release and CYC’s Privacy Policy (available via our website).

I warrant that:
- I am medically and physically fit to participate;
- I have disclosed any relevant medical condition;
- I have not consumed any alcohol, mind-altering substance, or medication that may impair my judgement or physical capacity before or at the time of engaging in the Recreational Activities;
- I will immediately notify CYC of any injury or illness during the activity.

If I am injured or become ill, I consent to medical treatment reasonably considered necessary.

I accept responsibility for all associated medical costs.

9. Parental Consent & Risk Acknowledgment

I am the parent or legal guardian of the minor participant.

I:
- Consent to the minor participating in the Recreational Activities;
- Acknowledge the inherent risks described above;
- Confirm the minor is medically fit to participate.
- I confirm that I have disclosed any relevant medical condition affecting the minor.

To the fullest extent permitted by law, CYC excludes liability for personal injury to the minor arising from the supply of recreational services.

This exclusion:
- Operates only to the extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth) and section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Tas);
- Does not apply to gross negligence;
- Does not exclude non-excludable statutory rights.

I indemnify CYC against loss or damage caused by the minor’s wilful, reckless or unlawful conduct.

I consent to:
The recording of my likeness and/or voice by any means (including but not limited to audio and visual recording by television cameras and photographers)(together the ‘images’), and

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

I confirm that:
- I have read and understood this document;
- I acknowledge that relevant activity Risk Assessments and Risk Management information have been provided or made available online prior to booking confirmation and that I have had the opportunity to review this information before agreeing to participate;
- I understand it affects my legal rights;
- I sign voluntarily;
- I have had the opportunity to obtain independent legal advice;

The undersigned parent or legal guardian represents that they are lawfully authorised to act on behalf of the Minor and consent to the Minor’s participation in the Recreational Activities.

The parent or guardian agrees, on their own behalf and on behalf of the Minor, to the terms of this Waiver.

I acknowledge that relevant activity Risk Assessments and Risk Management information have been provided or made available online prior to booking confirmation, and that I have had the opportunity to review this information before agreeing for the Minor to participate.

The parent or guardian further agrees to indemnify CYC against any loss or liability arising solely from a misrepresentation of their authority to provide such consent.