The following pages affect your legal rights and obligations. Please read them carefully and only sign if you fully understand their contents. For Participants under 18, these documents must be completed by a parent or legal guardian.
Name and address of Provider:
Experience Snowy Mountains Pty Ltd trading as K7 Adventures
PO BOX 136
Thredbo, NSW 2625
Risk Warning:
I am aware that by my participation in any activities arranged by the Provider, certain risks or dangers may occur, which could include:
*Physical, bodily or psychological injury or death.
*Physical exertion to which I am not accustomed.
*Failure of equipment or use of inadequate equipment.
*There may be no or inadequate facilities for treatment or transport to treatment if I am injured.
*The conditions in which the activities are conducted may vary without warning.
*I may cause injury to other persons and/or other persons may cause injury to me.
*I may be injured or die due to the negligence, breach of contract, breach of statutory duty or guarantee of the provider.
I acknowledge that the activities are being undertaken for recreation, enjoyment or leisure and involve a significant degree of risk of physical harm. I acknowledge that the Activity may be undertaken with one or more other persons as part of a group and that the Provider is not liable for the actions of other participants in the group activity.
By signing below, I acknowledge, agree with, and understand that the risks associated with the activities and/or recreational services have been explained to me. I undertake any such risk voluntarily and at my own risk.
I acknowledge that the risk warning above constitutes a “risk warning” in accordance with the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA).
Participant’s Warranties :
I agree to abide by any of the Provider’s rules and any direction or instruction given to me by the Provider during the Activities. I agree to use and/or wear any equipment provided to me by the Provider.
I declare that I am medically and physically fit and able to participate in the Activities. I acknowledge that I must, and agree that I will, disclose any pre-existing medical or other condition, injury or concern that may affect the risk that either I or any other person will suffer injury, loss or damage during the course of the Activities and notify the Provider of any injuries, illness or concerns that may arise during the Activity. I will not engage in any reckless, negligent or foolish behaviour or any other behaviour that is likely to cause injury to me, any other participant or person.
I agree that if I suffer any injury or illness, the Provider may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.
I declare that I have not consumed any alcohol or mind-altering substance, or medication that may impact my judgement or physical capacity before or at the time of engaging in the Activities.
Exclusion of liability :
I agree to and unconditionally release, waive, discharge and forever hold harmless, the Provider or any of its employees, agents, directors or officers, from any claims as a result of any personal injury sustained, whether caused by the Provider’s negligent act or wilful act or omission, breach of contract, breach of statutory duty, error, or otherwise in connection with or arising out of the Activities.
I agree that the Provider will not be liable for any claims for personal injury that may be brought against it as a result of or in connection with any act, omission, default, failure or error on the part of the Provider, and agree to indemnify and keep indemnified the Provider in respect of any such claims.
Waiver:
It is possible for a supplier of recreational services to ask you to agree that the statutory guarantees under the Australian Consumer Law (which is schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you. If you sign 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) to sue the Provider in relation to the Provider’s services or the activities that you undertake because the services or activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
By signing this form, you agree that the liability of the Provider in relation to the activities (as defined by the Competition and Consumer Act 2010 (Cth), the Consumer Affairs and Fair Trading Act (NT) and the Australian Consumer Law) and recreational activities (as defined by the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA)) for any:
a.Deaths
b.Physical or mental injuries (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 in relation to an individual:
i.That is or may be harmful or disadvantageous to you or the community; or
ii.That may result in harm or disadvantage to you or your 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 the recreational services or recreational activities is excluded.
You acknowledge and agree that the above provision operates to exclude the Provider's liability as a result of a breach of an express or implied warranty that the recreational services will be rendered with reasonable care and skill in accordance with section 5J of the Civil Liability Act 2002 (WA) and section 5N of the Civil Liability Act 2002 (NSW).
Declaration and Signature:
I have read and understood this risk warning and waiver of liability and am signing it/ filling out the details below freely and voluntarily without inducement.
Consent to Medical Attention:
By signing this agreement, the participant hereby grants explicit permission to the provider and its qualified staff to administer first aid and call an ambulance if necessary for the medical attention of myself or my child or the person in my legal care. The participant agrees to bear any cost thereby incurred. First aid may include certain over-the-counter first aid medications, including but not limited to ibuprofen, paracetamol, and Cramp-eze, if necessary during the tour/activity.
Media Release Consent:
By signing this agreement, the Participant grants the Provider the irrevocable right and permission to use any photographs, videos, or other media taken during the tour/activity that may include the Participant's likeness, image, voice, or name, for marketing, advertising, promotional, or educational purposes related to the Provider's services or activities.
The Participant agrees that the Provider may use these media materials in various forms of communication, including but not limited to websites, social media, brochures, posters, newsletters, and other marketing materials.
The Participant acknowledges that the Provider shall have full ownership of these media materials and may use, reproduce, modify, adapt, publish, distribute, and display them without any further consent or compensation to the Participant. The Participant also agrees that the Provider may share these media materials with third-party partners, affiliates, or media outlets for the above mentioned purposes.
If the Participant wishes to withhold consent to use their media materials, they must notify the Provider in writing before or during the tour/activity. By signing this agreement, the Participant confirms that they have read and understood this section related to the Media Release Consent. The Participant voluntarily grants the Provider permission to use their media materials as described above and releases the Provider from any claims or liabilities arising from using these materials.
Definitions
"Provider" includes the officers, employees, agents, contractors, franchisees and assigns of the Provider.
"Activities" include all activities and services ancillary to or associated with the named Activity, both before and after the Activity, including transportation to and from the location of the Activity, whether provided by the Provider or not, briefings, inductions, training, and the provision of information in all manuals, safety guidelines and other documentation provided to or made available to the Participant with respect to the Activity, familiarisation with clothing or equipment and methods of operation of equipment and the wearing and removal of any clothing or equipment associated with the Activity. Unless otherwise specified, a reference to an Activity refers to a recreational service or a recreational activity as defined in relevant legislation referred to herein.
