Indemnity Wavier conditions
PARTICIPANT ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT PLAYERS: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
MINORS: IF YOU ARE UNDER THE AGE OF 18, YOUR PARENT OR GUARDIAN MUST REVIEWAND AGREE TO THE TERMS BELOW IN ORDER FOR YOU TO PARTICIPATE.
PARENTS/GUARDIANS OF MINORS: YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND AGREED TO THE TERMS BELOW (SUCH TERMS BEING INTERPRETED AS IF THEY APPLIED TO BOTH YOU AND YOUR MINOR CHILD/WARD) AND HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR MINOR CHILD/WARD.
TO – The Queensland Gel Ball Players Club Inc consideration for allowing me (and/or my minor child/ward’s), to participate and take part in games of ‘Gel Ball’ at ‘The Clubs’ Gel Ball field.
(1) Injury
I hereby understand and acknowledge that Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the Clubs Gel Ball field regardless of the care and precautions taken by Queensland Gel Ball Players Club Inc and agree for myself (and/or my participating minor child/ward’s) that my (and/or my participating minor child/ward’s) executors, administrators, heirs, next of kin, successors, and assigns:
(a) not to make any claim or any demand of any kind or institute any proceedings against the Queensland Gel Ball Players Club Inc operators for any injury, damage of any kind whatsoever, or death sustained by me or occasioned to me in the course of or incidental to participating the game ‘GEL BALL’ or arising or resulting directly or indirectly from any act, omission, neglect or default on the part of the Queensland Gel Ball Players Inc Club operators or arising or resulting from faulty equipment issued to me by of the Queensland Gel Ball Players Club Inc operators.
(b) to indemnify and save harmless the Queensland Gel Ball Players Club Inc operators all loss, injury, or damage, including personal property, which they or any one of them may sustain by reason of, including but are not limited to:
(i) any loss or injuries suffered by me (and/or my minor child/ward) in the course of or incidental to participating at the Clubs Gel Ball Field.
(ii) any loss or injuries suffered by me (and/or my minor child/ward) or any other person whosoever as a result of my neglect or willful act or omission including but not limited to erratic or inappropriate co-participant behaviour, erratic or inappropriate behaviour, violent or other harmful acts committed by Participants, errors in judgment by the Queensland Gel Ball Players Club Inc personnel and volunteers.
(iii) any loss or injuries sustained including but are not limited to hiking, trekking, tramping, bushwalking, walking, camping, scrambling, climbing, crawling, falls, tripping, slipping, uncontrolled landing or collisions with other persons.
(iv) any loss or injuries sustained from objects that are either natural or man-made, such as rocks, cliffs, water, trees and campfires; barbed wire, fences, from misjudging trails or other terrain that induces rock or landslide, falling trees, tree branches, colliding or otherwise.
(v) any physical injuries sustained due to my own personal negligence and/or the negligence of others,
(vi) any loss, injuries or illnesses sustained from either plants or animals, such as wildlife, or exposure to any plants, animals and insects present within the area that is designated as the Clubs Gel Ball Field,
(vii) any loss, injuries or illnesses sustained from elemental and weather-related hazards such as rain, sun, hyperthermia, hypothermia, heat exhaustion, sun burn and dehydration,
(viii) any loss or injuries suffered by equipment related hazards including but not limited to broken, defective or inadequate equipment, unexpected equipment failure and imperfect field conditions.
(c) The expressions of the Queensland Gel Ball Players Club Inc shall include the following: the owners and proprietors of the Clubs Gel Ball Field and any directors, officers, agents, servants, contractors, insurers, equipment suppliers’ property owners, advertisers, licensees, and invitees of the Queensland Gel Ball Players Club Inc.
(2) Medical
I hereby acknowledge that ‘Gel Ball’ is a physical game and may become physically strenuous. I hereby acknowledge that the Queensland Gel Ball Players Club Inc at the Clubs Gel Ball Field can be Physically Strenuous, and I hereby warrant that I (and/or my participating minor child/ward’s): (a) am in good physical condition. (b) have no disability, impairment or ailment which would prevent me from playing ‘Gel Ball’ or would be detrimental to my health, safety, comfort, physical condition, or the health, safety, comfort or physical condition of others while playing ‘Gel Ball’ or while at or near the designated ‘Gel Ball’ playing field area. I understand that it is my responsibility to continuously monitor my (and/or my minor child/ward’s) physical and mental condition during the event/game, and that I (and/or my minor child/ward’s) must withdraw immediately and notify the appropriate Field, Staff or Event Personnel if at any point during the event/game that continued participation would create a risk of danger to the myself (and/or my minor child/ward’s) or any other persons. I authorise the Queensland Gel Ball Players Club Inc to secure emergency medical care or transportation (i.e., Ambulance) when deemed necessary by the Queensland Gel Ball Players Club Inc personnel. I agree to assume all costs of emergency medical care and transportation for myself (and/or my minor child/ward’s) if required.
(3) Juniors
I hereby acknowledge that I am fully aware of all risks involved in participating ‘Gel ball’ and that there is a possibility of injury to me (and/or my minor child/ward’s) including, but not limited to, injury caused to me, by ‘Gel ball’ equipment and the use of the field including all its designated zones. I nevertheless wish to assume all such risks.
1. I know the nature of Gel Ball at the Clubs Field at Woodford.
2. I understand the demands of Gel Ball at the Clubs Gel Ball Field at Woodford relative to my Child/Ward’s physical and mental condition.
3. I appreciate the potential impact of the types of injuries that may result from Gel Ball at the Clubs Gel Ball Field at Woodford.
4. I hereby assert that, as Guardian of the Child/Ward, I knowingly assume all of the obvious and inherent risks of the aforementioned activity and take full responsibility for any and all damages, liabilities, losses, or expenses that the Child/Ward or I incur as a result of the Child/Ward participating at the field.
1. I acknowledge that to enter and use the Clubs Gel Ball Field at Woodford car park I do so at my own risk.
2. I acknowledge that the Clubs Gel Ball Field at Woodford is not responsible for the security of your vehicle, or any property brought into the car park and field.
3. I acknowledge that Queensland Gel Ball Players Club Inc is not liable for:
a) any injury, loss or damage to any person, vehicle or thing in the car park or any lost profits, lost opportunity, loss of reputation or any form of indirect or consequential loss.
4. I acknowledge that Queensland Gel Ball Players Club Inc will not be liable to you for any part of any cost, expense, loss or damage suffered by myself which is caused by my acts or omissions or the acts or omissions of other users of the Clubs Gel Ball Field Car Park including but not limited to collision between vehicles; I agree to indemnify The Clubs Gel Ball Field, Woodford in respect of any claim made, or expenses incurred, as a result of my use of the fields car park.
5. I am liable to the Queensland Gel Ball Players Club Inc and/or the Clubs Gel Ball Field, Woodford for any cost, expense, loss or damage suffered by the Queensland Gel Ball Players Club Inc and/or the Clubs Gel Ball Field, Woodford in connection with any death or personal injury of any person or any damage to any real and personal property directly or indirectly caused or contributed to by:
a) the unsafe or illegal operation of a vehicle.
b) non-compliance with these Conditions of Entry.
c) negligence or misconduct; or
d) any wilful, intentional or malicious act,
6. Queensland Gel Ball Players Club Inc reserves the right to refuse entry to the field’s car park by any vehicle or person.
7. While in the car park, I must comply with all posted signs and all reasonable directions and requests made by the Clubs Gel Ball Field, staff and management.
8. If there is any inconsistency between these terms and conditions and the Local/State Laws, the Local/State Law prevails to the extent of the inconsistency.
9. In these conditions, references to the Queensland Gel Ball Players Club Inc and/or the Clubs Gel Ball Field, Woodford, also means its employees, agents, volunteers, and independent contractors.
(4) Parking
The Clubs Field at Woodford acknowledges that Queensland local and state laws apply within the car park. You must comply with these local and state law in addition to any obligations under these terms and conditions. by myself or any person authorised by me to operate my vehicle while in the Car Park, and on connected roads on the property except to the extent that any negligent act or omission by the Clubs Gel Ball Field, Woodford for any cost, expense, loss or damage suffered by the Queensland Gel Ball Club Players Inc (QGBPC) or the Clubs Gel Ball Field, Woodford contributed to the cost, expense, loss or damage.
(5) Media Release
1. I (and/or my participating minor child/ward’s) hereby acknowledge that by entering the Clubs Gel Ball field I (and/or my participating minor child/ward’s) will be entering and area where photography, audio, and video recording may occur. By entering the event premises, I (and/or my participating minor child/ward’s) consent to interview(s), photography, audio recording, video recording and its/there release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by Queensland Gel Ball Players Club Inc and its affiliates and representatives. Images, photos and/or videos may be used to promote similar Queensland Gel Ball Players Club Inc events in the future, highlight the event and exhibit the capabilities of the Gel Ball field.
