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:
- Provider includes the officers, employees, agents, contractors, franchisees and assigns of the Provider.

“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.

"Activities" includes all activities and services ancillary to or associated with the named Activity, both before and after the Activity, including transportation to and from the location of the Activity whether provided by the Provider or not, briefings, inductions, training, and the provision of information in all manuals, safety guidelines and other documentation provided to or made available to the Participant with respect to the Activity, familarisation with clothing or equipment and methods of operation of equipment and the wearing and removal of any clothing or equipment associated with the Activity. Unless otherwise specified, a reference to an Activity is a reference to a recreational service or a recreational activity as defined in relevant legislation referred to herein.

1. Some Recreational Activities are dangerous due to their physically challenging nature. 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.

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 by signing below, I acknowledge, agree and understand that:

(a) The risks associated with the Recreational Activities and/or recreational services have been explained to me. 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 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.

(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 acknowledge that the risk warning above constitutes a “risk warning” in accordance with the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA).

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 agree to use and/or wear any equipment given to me by the Provider.

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.

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.

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), the Consumer Affairs and Fair Trading Act (NT) and the Australian Consumer Law) and recreational activities (as defined by the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA)) for any:
(a) Deaths;
(b) Physical or mental injuries (including the aggravation, acceleration or recurrence of such an injury);
(c) The contraction, aggravation or acceleration of a disease;
(d) 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:
(i) That is or may be harmful or disadvantageous to you or the community; or
(ii) That may result in harm or disadvantage to you or community;

That may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of the recreational services or recreational activities is excluded.

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 5J of the Civil Liability Act 2002 (WA) and section 5N of the Civil Liability Act 2002 (NSW).

(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.