Season 17/18 - Junior Clinic Terms and Conditions
WAIVER AND RELEASE OF LIABILITY FROM PARTICIPATION IN ACTIVITIES WITHIN ADELAIDE
In consideration of allowing my child set out in the Registration Form ('the Child') to participate in the KFC Big Bash/Rebel Women’s Big Bash League Next Gen activation in the 2017-18 season (‘the Activation’), the undersigned parent/guardian, themselves and on behalf of the Child, represent and warrant to, and agree with each of Cricket Australia ABN 53 006 089 130, South Australian Cricket Association and Glenelg Football Club Inc. (ABN 94 586 591 723) (‘the Operators’), that:
1. (RISK WARNING AND ACKNOWLEDGEMENT) I acknowledge and agree that the Child's participation in the Activation involves participation in a sporting activity, leisure time pursuit or another activity involving physical exertion and is undertaken for the purpose of recreation, enjoyment or leisure. I understand that there are inherent risks, hazards and dangers associated with their participation in the Activation, and that they may suffer serious injury, or even death, as well as property loss or damage as a result of their participation. By signing this Waiver and Release, I acknowledge that this assumption of risk and warning constitutes a "risk warning" for the purposes of the Fair Trading Act 1987 (SA) (the "SA Consumer Law").
2. I have voluntarily elected to, and requested the Operators allow the Child to participate in the Activation. I acknowledge that the Activation involves participation in a sporting activity, leisure time pursuit or another activity involving physical exertion and is undertaken for the purpose of recreation, enjoyment or leisure. I understand that there are inherent risks, hazards and dangers associated with the Child's participation in the Activation, and that the Child may suffer serious injury, or even death, as well as property loss or damage as a result of the Child's participation in the Activation.
3. I freely and voluntarily assume all risks associated with the Child participating in the Activation and acknowledge that the Child's participation is entirely at their and my own risk and that I may withdraw the Child from the Activation at any time.
4. The Child is physically and medically fit and has trained sufficiently to participate in the Activation. I am not aware of any medical condition, impairment, disease, illness or other reason why any of the Child should not participate in the Activation.
5. To the fullest extent permitted by law, I indemnify and will keep indemnified the Operators and each of their directors, officers, employees, volunteers, promoters, independent contractors and agents ('the Operator Parties') against all costs, losses or damages however caused, arising from or in relation to the Child's participation in the Activation.
6. To the fullest extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth) and section 42 of the SA Consumer Law, the Operator Parties exclude all liability (including in relation to any warranty or guarantee) arising from any loss or damage suffered by me or the Child in connection with the Activation, 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 or the Child arising from the Activation not being supplied with due care and skill or for any breaches or failure of any consumer guarantees under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the "Australian Consumer Law") or the SA Consumer Law, or due to negligence by any of the Operators or Operator Parties or for breach of contract.
7. To the fullest extent permitted by law, the Operator Parties' liability to me and the Child for a breach of any non-excludable guarantee is limited to a refund for any fees paid to the Operator in connection with the Child's entry to the venue.
8. Nothing in this document excludes, limits or modifies the application of the Australian Consumer Law or the SA Consumer Law, or the exercise of any rights or remedies conferred by the Australian Consumer Law or the SA Consumer Law where to do so would contravene the Australian Consumer Law.
9. I consent to the Child receiving and to pay for any medical treatment (including without limitation, ambulance transportation) which is considered by the Operators, to be advisable or deemed reasonable before, during or after the Activation. I indemnify and will keep indemnified the Operators for all costs associated with this medical treatment.
10. I am fully responsible for any loss or damage to, the security of my or the Child's personal belongings before, during and after the Activation.
12. I agree to, and will procure that the Child obeys and accepts the Activation rules and any other instructions issued by the Operators at any time and acknowledge that the Child each satisfy any eligibility criteria determined by the Operator in relation to the Activation. I accept that the winner of the Activation (if any) will be determined by the Operators acting in their sole and absolute discretion and that no reasons are required to be provided for the Operator's determination.
13. I agree not to and procure that the Child does not do anything which may adversely affect, prejudice or bring into disrepute the reputation of any of the Operators or the venue.
14. I acknowledge that the Child's participation in the Activation is at the sole discretion of the Operators and accept that the Operators may cancel or postpone the Activation or may remove me and/or the Child from the venue immediately at any stage if any of us fail to comply with the terms of this release and waiver or otherwise, and I will not be entitled to any refund in relating to any amounts paid by us to participate in the Activation or attend the venue.
15. I acknowledge that the Child's participation in the Activation is not transferable to any other parties.
16. I am a parent or legal guardian of the Child listed above and have the authority to bind myself and the Child to the terms and conditions set out in this document.