Bonnyrigg Judo is managed by A Abdo, G Ly and E Norinh (the “Partners”).
I. Acceptance of Risk and Risk Waiver
A. Voluntary Participation
I acknowledge, agree, and understand that my participation in any activity at, and my use of any facilities at, Bonnyrigg Judo are or will be:
entirely voluntary in nature and at my own risk;
for recreational or competitive purposes;
associated with significant risk of personal injury; and
carried out in a proper and orderly manner.
B. Risk Warning Pursuant to Section 5M of the Civil Liability Act 2002 (NSW)
I acknowledge, agree, and understand that:
The types of activities undertaken at Bonnyrigg Judo which carry significant risk of personal injury include (but are not limited to) engaging in training in all forms of Judo and related grappling arts, and related physical training.
During my participation in any activity at Bonnyrigg Judo, certain risks or dangers may occur which can include (but are not limited to):
a. physical exertion which I am not accustomed to;
b. all kinds of bodily injuries and diseases;
c. hazards of training in group settings with third-party participants; and
d. other foreseeable risks related to engaging in martial arts physical activity that may be strenuous.
I acknowledge a warning has been given to me about the risk of suffering personal injury or death arising from or in connection with my participation in activities at, and my use of, Bonnyrigg Judo.
The assumption of risk and warning in clause I.B constitutes a ‘risk warning’ in respect of all activities at Bonnyrigg Judo for the purposes of section 5M of the Civil Liability Act 2002 (NSW).
II. Conduct on Premises
Whilst on the Bonnyrigg Judo premises under the care, control, or operation of the Partners, I agree to:
A. act as would a reasonably prudent person when engaging in recreational activities, and to obey and follow the instructions, rules, and regulations offered at any time at Bonnyrigg Judo, by the Partners or other coaches or associates of the Partners;
B. use all facilities and equipment at Bonnyrigg Judo in a reasonable manner and for their intended purpose(s);
C. not participate in any recreational activity offered at Bonnyrigg Judo whilst intoxicated or under the influence of alcohol or drugs;
D. notify staff at Bonnyrigg Judo immediately of any incident or accident involving personal injury or illness experienced during the course of any recreational activity at Bonnyrigg Judo;
E. leave personal identification including name and address with an agent or employee of the Partners at Bonnyrigg Judo for use if any injury or illness occurs during the course of my participation in any activity at Bonnyrigg Judo; and
F. consent to an employee or agent of the Partners arranging medical treatment and emergency evacuation service(s), at my own cost, if I suffer injury or illness, as shall be considered necessary for my safety.
I declare that I do not suffer from any illness, ailment, or incapacity that may hinder or affect my ability to participate in any activities arranged or undertaken at Bonnyrigg Judo.
III. General Waiver
A. Acknowledgment and Acceptance
I acknowledge and accept:
that the enjoyment and excitement of any activity at Bonnyrigg Judo is derived in part from risks inherent in the activity which may exceed those commonly accepted at home or at work;
all the inherent risks of my activity, and the possibility of personal injury, loss, or property damage resulting therefrom; and
the Partners and their employees, agents, or contractors make no representations, promises, or warranties about the suitability or fitness for purpose of facilities or equipment at Bonnyrigg Judo.
B. Waiver and Agreement Not to Sue
I waive all claims, which might arise against, and agree not to sue, the Partners and their employees, agents, or contractors for:
any such injury, loss, or damage (including illness and death), which might be sustained by me as a result of my participation in any activity at Bonnyrigg Judo;
breach of contract (including any express or implied warranty that any recreational services will be provided with due care and skill); and
negligence arising from, or in connection with, my attendance at and use of facilities under the care, control, and management of the Partners, their employees, agents, or contractors.
IV. Waiver in Relation to Recreational Services to Which the Australian Consumer Law Applies
A. Acknowledgement of ACL Waiver
I acknowledge that it is possible for a supplier of recreational services to ask me to agree that the statutory guarantees under the Australian Consumer Law (ACL), which is Schedule 2 of the Competition and Consumer Act 2010 (Cth), do not apply to me.
B. Agreement to Waive Statutory Guarantees
I agree to waive my right to sue the Partners (should the Partners be deemed a supplier for the purposes of the ACL) because the recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth)) were not performed in accordance with the statutory guarantees, in particular the guarantees as to due care and skill and as to fitness for a particular purpose, which are hereby excluded.
C. Limitation of Liability
The waiver of my rights in clause IV.B is limited to liability for:
physical or mental injury (including the aggravation, acceleration, or recurrence of such injury) to me; and
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 that:
a. is or may be harmful or disadvantageous to me; or
b. may result in harm or disadvantage to me.
D. Reckless Conduct Exception
The above waiver of my rights in relation to the statutory guarantees does not apply to reckless conduct (as defined in the ACL) of the Partners in supplying any recreational services (in the event they are deemed to be a supplier).
V. Release and Indemnity
A. Release and Indemnity
To the fullest extent permitted by law, I:
release and will release the Partners from all claims (including legal costs and expenses on a full indemnity basis) that I may have or may have had but for this release arising from or in connection with my use of Bonnyrigg Judo; and
indemnify and will keep indemnified the Partners in respect of any claim (including legal costs and expenses on a full indemnity basis):
a. arising from or in connection with my participation in any activities at, or use of, Bonnyrigg Judo; or
b. by or against the Office of Sport in respect of any injury, loss, or damage to person or property arising out of or in connection with my failure to comply with any rules and/or directions from the Office of Sport, its employees, agents, or contractors regarding use of Bonnyrigg Judo’s facilities.
B. Gross Negligence and Civil Liability Act
The releases and indemnities in clause V.A shall not apply to the extent that the loss, damage, or injury that is the subject of the claim is caused or contributed to by the grossly negligent act or omission of the Partners.
To the extent permitted by law, the operation of Part 4 of the Civil Liability Act 2002 (NSW) is excluded in relation to all rights, obligations, and liabilities arising under or in relation to my involvement with the Partners at Bonnyrigg Judo, despite how such rights, obligations, or liabilities are sought to be enforced.
VI. Privacy Disclosure
A. Acknowledgment of Information Collection
I acknowledge and am informed that:
The Partners, Bonnyrigg Judo, located at 711-715 Smithfield Rd Edensor Park, will collect personal information about me if I sign this Acceptance of Risk Agreement and Risk Waiver.
I can gain access to, and seek correction of, this personal information by contacting the Partners on:
Email: BonnyriggJudo@gmail.com
Post: 711-715 Smithfield Rd Edensor Park
The purpose for the collection of this personal information is for use in the event of an emergency in which I require urgent medical attention or if the Partners require me to release or indemnify them under the terms of this Acceptance of Risk Agreement and Risk Waiver.
The provision of this personal information is entirely voluntary, however, if I do not provide this personal information, the Partners may disallow my participation in any activity at, and use of any facilities at, Bonnyrigg Judo.
The Partners may disclose this personal information to the following intended recipients:
a. persons or organisations which provide medical treatment in the event of an emergency in which I require urgent medical attention; and
b. the Partners’ legal advisors for the purpose of obtaining legal advice.
B. Media Consent
I hereby irrevocably consent to and authorise the Partners to:
use and reproduce any and all photographs and videos taken of me for any purpose whatsoever at Bonnyrigg Judo, without further compensation to me; and
retain all such photographs and videos, including negatives and the like as the property of the Partners.
VII. Final Declarations
In entering this agreement, I am not relying on any representations made by or on behalf of the Partners, their employees, agents, or contractors but do so of my own free will.
I confirm that I have read and understood this agreement, and it shall be binding upon my heirs, executors, assigns, and next of kin.
I acknowledge that my acceptance of this Risk Agreement and Risk Waiver is a condition of my participation in any activity at, and use of any facilities at, Bonnyrigg Judo.
I understand that if I do not accept the terms of this Risk Agreement and Risk Waiver, then I am required to immediately leave Bonnyrigg Judo.