risk warning, acknowledgement, waiver and release
1. Participation in Downstream Yoga by the River and walk (recreational activity) supplied by Navigator Consulting (service provider) involves significant risks, including the risk of personal injury and death. Particular risks include, but are not limited to:
1.1 Musculo-skeletal injury: The walk involves walking along a non formed paddock track on uneven ground where there is grass, rocks, sticks and overhanging branches. Participants should ensure they wear supportive appropriate footwear. The walk is on inclines and descents.
1.2 Musculo-skeletal injury sustained in Yoga: Like any Physical Activity, Yoga presents some unavoidable risk of injury particularly to people who have preexisting injuries, illness or medical disabilities. Ensure you listen to your body and only do what feels right for you.
1.3 Snake bite from accidentally stepping on a snake: Snakes inhabit the landscape in Australian bushland in warmer months. Participants should stay aware of snakes in the area. Do not approach them. They are scared of humans as you are of them.
1.4 Falling into river from getting too close to river bank edge: Participants should keep a safe distance at all times from the river bank.
1.5 Falling off the Style whilst crossing the fence: Participant to ensure 3 points of contact whilst climbing over the Style. 2 handrails on Style to ensure safety. Use style appropriately as fences have barbed wire which is sharp and clothing can catch on it.
1.6 Sunburn: Ensure you have adequate sun protection on. Wear a hat and apply sunscreen appropriately.
1.7 Magpie swooping: Be aware of magpies swooping. This can happen during nesting.
1.8 Livestock: This is a commercial working farm. Efforts have been made to keep cattle and sheep away from the walking path. In the event you see stock, look to the guide for guidance.
2. Before you participate in this activity, you should ensure that you are aware of, and properly understand, all of the risks involved in this activity, and that those risks will include any particular risks associated with any health condition or pre-existing disability from which you may suffer. You acknowledge that you are in good health and appropriate physical condition to participate in this Walk and Yoga. You further agree
that if at any time you believe conditions to be unsafe, you will immediately discontinue further participation in the activity.
3. By signing this document, you acknowledge, agree and understand that you engage or participate in this activity voluntarily and at your own risk in full knowledge of the Risks generally and Particular risks described above.
4. If agreeing to this document as a parent, guardian or responsible person performing parenting responsibilities, you acknowledge and agree that you have explained to the participant that the Recreational Activities provided by the Service Provider may involve risks generally; and the Particular risks described above.
5. By signing this document, you also acknowledge, agree and understand that the risk warning above constitutes a formal 'risk warning' for the purposes of the relevant legislation, including for the purpose of:
5.1 Section 5M of the Civil Liability Act 2002 (NSW);
6. Section 139A of Competition and Consumer Act, 2010 (Cth) permits the Service Provider of the Recreational Activities and associated services to ask you to agree that the statutory guarantees under the Australian Consumer Law(Cth) do not apply to you (or a person for whom or on whose behalf you are acquiring the services to engage in the Recreational Activities).
7. By signing this document, you acknowledge, agree and understand that, to the full extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth)):
7.1 Your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the Service Provider, its servant and agents, in relation to the Recreational Activities if the Recreational Activities or associated services were not provided to you in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded, restricted or modified as set out below; and
7.2 You (or the person for whom or on whose behalf you are acquiring the services) release the Service Provider, its servant and agents, from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill.
8. By signing this document, you acknowledge, agree and understand that, to the full extent permitted by law, the liability of the Service Provider in relation to recreational services and activities (as that term is defined in the Australian Consumer Law (Cth) and any similar state laws) for any:
8.2 physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
8.3 the contraction, aggravation or acceleration of a disease;
8.4 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:
(i) that is or may be harmful or disadvantageous to you or the community;
(ii) that may result in harm or disadvantage to you or the community;
(iii) 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 recreational services or recreational activities is excluded.
9. By signing this document, to the full extent permitted by law, you (or the person for whom or on whose behalf you are acquiring the services) agree to waive and/or release the Service Provider, its servants and agents, from any claim, right or cause of action which you or your heirs, successors, executors, administrators, agents and assigns might otherwise have against the Service Provider, its servant and agents, for or arising out of your death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever which you may suffer or sustain in the course of or consequential upon or incidental to your participation in the Recreational Activities, whether caused by the negligence of the Service Provider, its servant and agents, or otherwise.
10. By agreeing to this document, you acknowledge, and understand that:
10.1 The Service Provider will permit you to participate in the Recreational Activities, and provide you with the associated services, in part in consideration of you signing this document;
10.2 The Service Provider may rely on this document in any proceedings commenced in any Court by me or by my heirs, executors and assigns;
10.3 The laws of New South Wales govern this document.
11. You do not have to agree to exclude, restrict or modify or waive your rights against, or release, the Service Provider, its servants and agents, from any claims by signing this document, however the Service Provider may refuse to allow you to participate in the Recreational Activities, or to provide you with the associated services, if you do not agree to exclude, restrict, modify or waive your rights against, or release, the Service Provider, its servants and agents, by signing this document. Even if you sign this document, you may still have further legal rights.
12. By agreeing to this document you agree that the waivers and releases contained in this document apply for every visit you make to the Service Provider until such time as you withdraw or modify your consent in writing or the Service Provider modifies these terms with your consent by signing a new document. You will not be required to sign future waivers on the understanding that this waiver document shall apply to all your future participation in the Recreational Activities.