The Shed participant consent and waiver

• “Aligned Leisure” includes Aligned Leisure Pty Ltd (as trustee for the Aligned Leisure Trust), its directors, officers, employees, contractors, volunteers, agents and related entities.
• “Providers” means, jointly and severally, in addition to Aligned Leisure, the City of Casey and its directors, officers, employees, contractors, volunteers or agents, and its related entities, as well as all other persons or corporations who hire or are associated with the use of the Skate Park and the conduct of the Skate Park Activities including schools, sporting clubs and associations, promoters and sponsors.
• “Skate Park” means The SHED Skate Park, being an indoor skate park, located at 65 Berwick-Cranbourne Road, Cranbourne East in the State of Victoria.
• “Personal injury” means any bodily injury, including musculoskeletal injury and/or any psychological or psychiatric injury.
• “Child” means your child or the child for whom you have legal parental responsibility for.
• “Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with any Skate Park Activities.

Voluntary Participation I voluntarily agree to participate (or allow my child to participate) in the Skate Park Activities. I understand that:

• Aligned Leisure and the Providers are not responsible for my decision to participate (or allow my child to participate) in the Skate Park Activities; and
• I can stop (or my child can stop) participating in the Skate Park Activities at any time.

Risk Warning and Voluntary Assumption of Risk The Skate Park Activities are adventurous recreational activities that are inherently dangerous and may involve risk of personal injury or death. I understand that participation in the Skate Park Activities is inherently dangerous involving a significant degree of physical exertion and physical risk and general risks of harm that may result in serious personal injury or even death. For example, these risks include, but are not limited to:

• accidents with other participants, spectators, obstacles, skate ramps and/or equipment;
• collisions with other participants and/or Aligned Leisure employees or agents;
• impacts, including being struck or hit, by equipment;
• impacts with hard surface conditions, including the incorrect landing or falling while attempting manoeuvres;
• breaking or malfunctioning of equipment in use or being used by other participants, including equipment hired to participants by Aligned Leisure;
• varying course and obstacle complexity; and
• varying ability and/or experience of other participants.

I voluntarily accept all these risks when participating (or when my child is participating) in the Skate Park Activities.

Statutory Risk Warning I also understand that the Skate Park Activities amount to a supply of “recreational services” by Aligned Leisure and the Providers and the risk warning below applies:

If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:

• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

Liability Release and Indemnity Except for any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law), I:

• release and forever discharge Aligned Leisure and the Providers from all Claims that I may have or may have had but for this release arising out of or connected with my (or my child’s) participation in the Skate Park Activities or use of the Skate Park;
• release and indemnify Aligned Leisure and the Providers against any Claim which may be made by me or on my behalf for or in respect of or arising out of my (or my child’s) personal injury or death whether caused by the negligence or breach of contract by Aligned Leisure and the Providers or in any other manner whatsoever; and
• indemnify and will keep indemnified and hold harmless Aligned Leisure and the Providers to the extent permitted by law in respect of any Claim by any person:
  • arising out of or connected with my participation (or my child’s participation) in the Skate Park Activities or use of the Skate Park; and
  • arising out of or connected with my failure (or my child’s failure) to comply with the Skate Park’s conditions of entry and/or rules and/or directions;

save that the above releases and indemnities 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 Aligned Leisure and the Providers.

This release and indemnity continues forever and binds Aligned Leisure’s successors or assignees.

I also acknowledge and understand that if I cause (or my child causes) any personal injury to another person during the Skate Park Activities or use of the Skate Park, I am fully responsible for their losses or damage, and I do not hold Aligned Leisure and the Providers concurrently responsible.

Aligned Leisure and the Providers may plead this form as a bar to proceedings now or in the future commenced by or on behalf of you (or your child) or by any person claiming through you.

Protective Equipment I agree to supply or hire from us and wear (or ensure that my child wears):

• a suitable helmet;
• closed-toed sandshoes or runners (ie no open-toed footwear); and
• appropriate clothing (eg t-shirt, shorts, tracksuit, trousers etc);

as the minimum protective equipment at all times during my participation (or my child’s participation) in the Skate Park Activities.

Personal Property I acknowledge that I am solely responsible for my personal property (or my child’s personal property) during the Skate Park Activities.

Physical Fitness I confirm that I:

• am physically fit to participate in the relevant Skate Park Activities and have not been advised otherwise by a medical practitioner; and
• do not have any medical or physical conditions or injuries which would affect my safe participation in the Skate Park Activities, which have not been disclosed to Aligned Leisure and any organisers of the Skate Park Activities.

I understand that if Aligned Leisure or the organiser is not advised of any information about my health and capacity it would not be able to fully appreciate the risk of harm or injury to me in permitting me to participate in the Skate Park Activities.

Medical Treatment and Costs I agree to receiving any medical treatment (eg first aid) that Aligned Leisure considers reasonably necessary during or after the Skate Park Activities. I agree to pay the costs of any medical emergency services (eg ambulance) that may be required for my personal injury (or my child’s personal injury).

I agree to comply with the rules and instructions given by Aligned Leisure and its staff related to the use of Skate Park and participation in the Skate Park Activities.

• taking photographs or videos of me (or my child) participating in the Skate Park Activities; and
• using my name and any images (or my child’s name and images) for marketing or promotional purposes in any media as per the Privacy Collection Statement,

for no remuneration. I understand that I can withdraw my consent at any time by notifying Aligned Leisure.