Participant risk warning, waiver of liability and indemnity agreement

Participants: The following agreement contains important information which will affect your legal rights, including the right to bring future legal actions. Please read this document carefully before agreeing to its terms. By signing this agreement, you are acknowledging that you have read and understood the terms and conditions contained within.

Name of Participant                                                                                                 

Parent/guardian (if applicable)                                                                                

Group booking name:                                  

Definitions

You/Your: The named participant and the parent/guardian of the named participant (if applicable) Participant: The named participant above

Provider/Supplier: Deliverance Network/ Jennifer Jessop and its agents, employees (whether paid or volunteer), officers, directors, affiliates, successors and assigns, coaches, teachers and trustees.

Activities:

ü  Bush walking

ü  Camp fires

ü  Workshops (teaching workshop)

ü  Private prayer ministry sessions

ü  Speaking at events

Participant's warranties

You agree that:

(a)    You may participate in some or all of the Activities. In doing so, you agree that you are to be responsible for your own actions and involvement in these Activities;

(b)   You will abide by any of the directions or instructions provided by the Provider before or during the Activities;

(c)    You are under no obligation to participate in or complete the Activities if you have any concerns or objections in doing so;

(d)   If you receive a safety briefing and during this briefing anything about the Activities is unclear to you, you will raise this concern with the representative of the Provider providing the briefing.

You declare that, to the best of your knowledge, You are in good health and in proper mental and physical condition to safely participate in the Activities and will disclose to the Provider, prior to participating in any Activity, any pre-existing medical condition or concern You have that may affect the risk of injury caused by the Activity or Your participation.

Risk warning

Your participation in the Activities is inherently dangerous and may involve risk.

There are risks specifically and inherently associated with your participation in

the activities and accidents can and often do happen which may result in personal

injury, including death.

These risks include, but are not limited to (1) falls, tripping, slipping, uncontrolled landings, contact or collision with persons or objects; (2) contact or collision with natural or man-made obstacles or hazards; (3) equipment related hazards including failure of equipment or use of inadequate equipment; (4) weather related hazards or changes in the conditions the Activity / Activities are being conducted in; (5) falls from, collisions with or other unexpected contact (including attacks) involving animals; (6) falls, contact, collisions and failures involving motorised equipment, including vehicles.

Prior to undertaking the Activities, You should ensure that You are aware of all of the risks involved, including those risks associated with any health condition You may have. By accepting this agreement, You acknowledge, agree, and understand that your participation in the Activities provided by the Provider may involve risk. You agree to undertake any such risk voluntarily and that these risks are Your own.

You acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with and for the purposes of the relevant legislation in the group activities provided by Deliverance Network/Jennifer Jessop.

This 'risk warning' is given by and on behalf of the Provider.

Waiver

A provider of recreational services or recreational activities (which includes the Activities) can ask You to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or recreational activities, or to whom the services or activities are supplied).

If you accept 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 or recreational activities, or to whom the services or recreational activities are supplied) to sue the Provider because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.

For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies:

You acknowledge that where you are a consumer of recreational services or recreational activities, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of services or activities may be excluded. You acknowledge that these implied terms and rights and any liability of the Provider flowing from them, are expressly excluded to the extent possible by law, by this agreement.

By accepting this agreement, you agree that the liability of the Provider in relation to recreational services/activities (as that term is defined in the Competition and Consumer Act 2010 (Cth) and Bush walking, camp fires, teaching workshops, private prayer sessions & speaking at events) for any:

(a)              death;

(b)             physical or mental injury (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:

(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, 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 and the application of any express or implied term or guarantee under the Australian Consumer Law that any services or activities will be provided with due care and skill is hereby excluded.

Release and Indemnity

To the extent permitted by law, You agree to release, discharge, indemnify and forever hold harmless the Provider from any and all claims that You may have or may have had but for this agreement arising from or in connection with death, physical or mental injury (including the aggravation of any such injury).

You further agree to release, discharge, indemnify and forever hold harmless the Provider against any and all claims of co-participants or any other person in respect of Your participation in the Activities.

The above releases and indemnities shall not apply to the extent that the death, physical or mental injury that is the subject of the claim is caused or contributed to by the gross negligent act of the Provider.

 Bar to Proceedings

The Provider may plead this agreement as a bar to proceedings now or in the future by You or any one on behalf of, or claiming through, You.

    Declaration:

I have read, understood, acknowledge and agree to the above terms including the warranties, risk warning, exclusion of the operation of the Australian Consumer Law, the assumption of risk, waiver, release and indemnity and bar to proceedings.

Signed: ____________________________________

Name: _____________________________________

Date: ______________________________________