The Village Park & Supply (THE VILLAGE) is operated by Village Action Sports Pty Ltd A.C.N.607 997 820 of 25 Trevi Close Eight Mile Plains Queensland 4113.
Prior to any person using the facilities of THE VILLAGE they are required to complete and sign this form in the presence of an adult witness over the age of eighteen (18) years. Any Rider details with an asterisk (*) appearing next to it must be completed without exception.
If the Rider is under the age of eighteen (18) years, the Riders Guardian details must be completed in full and this form also signed by the Riders Guardian.
By signing this form you are entering into an Agreement with THE VILLAGE and are bound by the Terms and Conditions that apply to the Skate Park.
DEED OF DECLARATION, WAIVER, RELEASE AND INDEMNITY
Activity means the Intended Activity/s undertaken by the Rider;
Agreement means this agreement entered into between the Rider and THE VILLAGE incorporating the Terms and Conditions:
Authorised Officer means an authorised agent and/or employee of THE VILLAGE;
Skate Park means the Coopers Plains Skate Park;
Skate Park Facilities means the Skate Park facilities located at 882 Beaudesert Road, Coopers Plains QLD;
Terms and Conditions means the terms and conditions referred to in this Agreement accepted by the Rider and enforceable by THE VILLAGE;
Rider means the person named as the Rider, the details of which have been inserted into the table above and entering into this agreement with THE VILLAGE;
Riders Guardian means the Riders parent or legal guardian who is over the age of 18 years, the details of which have been inserted in the table above.
2.1 The Skate Park Facilities are operated by THE VILLAGE. By signing this document, the Rider agrees to be bound by all of the Terms and Conditions of this Agreement.
2.2 The Rider is not permitted to use the Skate Park Facilities until this document has been signed by the Rider, and in circumstances where the Rider is under the age of 18 years of age also by the Riders Guardian, and handed in person to an Authorised Officer.
2.3 If the Rider is under 18 years of age, then this document must be signed by the Rider and also the Riders Guardian. It must be also witnessed by a person who is over 18 years of age.
2.4 The Rider acknowledges having read the Terms and Conditions prior to undertaking any activities in the Skate Park. By signing this Agreement the Rider agrees that they have read the Terms and Conditions that apply to the use of the Skate Park and will comply with those Terms and Conditions at all times.
2.5 If the Rider does not understand any part of this Agreement, then he or she should not sign it and should seek any necessary advice including such legal advice as the Rider may require.
2.6 THE VILLAGE reserves the right to amend the Terms and Conditions at any time without reference to the Rider and the Rider agrees to be bound by such amended Terms and Conditions and if so required sign a new Agreement with THE VILLAGE.
2.7 THE VILLAGE may assign its interest in this Agreement to any other party without the consent of the Rider and the Release and Indemnity provided by the Rider will continue to any successors or assigns.
2.8 If any term in this Agreement is considered void or unenforceable then it may be severed and the remaining provisions of the Agreement will remain in full force and effect.
3.VOLUNTARY ASSUMPTION OF RISK
3.1 The Rider acknowledges that there are inherent risks in performing the Activity/s or being in proximity to other participants undertaking such Activity/s in the Skate Park Facilities which may result in serious injury or even death to the Rider or to another user of the Skate Park Facilities.
3.2 Those inherent risks include, but are not limited to, collision between multiple participants; the course obstacles within the Skate Park Facilities; the failure of the Riders equipment; the weather and the Rider or another participant acting in a negligent manner that may contribute to injury to another, or others, such as not acting within his or her ability.
3.3 Whilst THE VILLAGE takes all such reasonable measures to provide for the safety and supervision of the participants within the Skate Park Facilities, it is unable to ensure such safety of the Rider or any participant due to the nature of the Activity/s.
3.4 The Rider having considered all of the associated risks in participating in his or her chosen Activity, has decided to enter and use the Skate Park Facilities at his or her own free will and in doing so accepts and assumes all of the inherent risks existing in the Activity/s.
4.RELEASE AND INDEMNITY
4.1 The Rider agrees to release, discharge, indemnify and hold harmless THE VILLAGE and all person and entities associated with THE VILLAGE from any and all liability, claims, complaints, demands, losses, damage, causes of action, personal injury or death arising either directly or indirectly as a result of the Rider using the Skate Park Facilities, including any such claims, complaints, demands, losses, damage, causes of action, personal injury or death alleging any negligent act or omission by THE VILLAGE.
4.2 The Rider acknowledges that by signing this document, and by using the Skate Park Facilities that the Rider accepts all risk of injury (including death) to either the Rider or to other users of the Skate Park; damage to all personal property of the Rider or to other users of the Skate Park and any liability which may result as a consequence of the Rider undertaking the Activity whilst using the Skate Park Facilities.
4.3 The Rider agrees to release THE VILLAGE for any loss or damage sustained to the Riders personal property and any indirect or consequential loss to another participants personal property as a result of the Rider using the Skate Park Facilities.
5.THE RIDERS OBLIGATIONS
5.1 The Rider will be personally responsible for wearing all such necessary safety equipment as required to participate in the particular Activity which they undertake; including but not limited to a helmet that complies with current Australian Safety Standards, knee pads, elbow pads and wrist guards.
5.2 Any Rider under the age of 18 years must at all times wear a helmet that complies with current Australian Safety Standards whilst participating in any Activity in the Skate Park.
5.3 Any Rider over the age of 18 years may use the Skate Park Facilities without wearing a helmet, however if the Rider chooses not to wear a helmet, they acknowledge and assume all of the associated risks in not wearing a helmet and do so of their own free will.
5.4 The Rider expressly declares that he or she does not suffer from any pre-existing injury, illness or medical condition that may affect his or her ability to undertake the Activity/s in the Skate Park Facilities.
5.5 If the Rider has any doubts as to their medical health, then the Rider should seek medical advice prior to undertaking any Activity/s in the Skate Park Facilities.
5.6 If the Rider does suffer from any pre-existing injury, illness or medical condition then the Rider must advise an Authorised Officer of the full details of any such injury prior to using the Skate Park Facilities.
5.7 The Rider must not under any circumstances use the Skate Park Facilities if the Rider is under the influence of alcohol, drugs or any other medication that may affect the Riders ability to undertake the Activity/s.
5.8 The Rider must obey all the rules of the Skate Park from time to time and not perform any Intended Activity/s in a negligent or reckless manner that may cause injury to either himself/herself or other participants.
5.9 The Rider must take due care when using any equipment rented from THE VILLAGE and must not use the equipment in a reckless manner which may cause damage to that equipment.
5.10 In the event of an Authorised Officer giving the Rider a direction, the Rider must obey such direction effective immediately without incident. Such direction may include the Rider being required to leave the Skate Park and return to THE VILLAGE any borrowed or rented equipment.
5.11 The Rider should inspect his or her equipment and the Skate Park Facilities prior to participating in the Activity/s. The Rider must advise an Authorised Officer of any unsafe conditions that the Rider observes and must refuse to participate in the Activity/s until all unsafe conditions observed by the Rider have been remedied.
6.1 In the event of any injury, as a result of the Rider participating in the Activity/s or by reason of the attendance of the Rider at the Skate Park Facilities, the Rider (and if applicable the Riders Guardian) consents to THE VILLAGE providing any medical first aid treatment as deemed necessary either during or after the Activity/s.
6.2 The Rider consents to THE VILLAGE, its successors and sponsors using any image or video taken of the Rider for promotional or advertising purposes in conjunction with the Skate Park and any intellectual property rights associated with such images or video will remain the sole property of THE VILLAGE at all times.
6.3 The Rider acknowledges that his or her registration is not transferable to any other person.
7.STATEMENT OF UNDERSTANDING
7.1* I acknowledge that I have read and understood the matters as set out in this Agreement and that I am over 18 years of age and competent to give this acknowledgment; or
7.2* I acknowledge that I am under 18 years of age and have had the matters as set out in this Agreement explained to me by my parent or legal guardian who is over 18 years of age and legally competent to provide this acknowledgment.
*Delete one or the other as applicable.
7.3 I acknowledge that the Terms and Conditions set out in this Agreement are contractual in nature and intended to have legal effect rather than be a mere warning or recital.
7.4 I acknowledge that I have been given the opportunity to seek independent legal advice regarding the meaning of any Terms and Conditions that I do not understand within this Agreement prior to signing.
7.5 I acknowledge that I have signed this Agreement of my own free will and that both THE VILLAGE and its Authorised Officer/s have not made any threat, promise or inducement to me in order to sign the Agreement.