Archer Access Pty Ltd conducts minesite and emergency response training, rock climbing and bouldering activities (“Activities”). Participating in any Activities with Archer Access Pty Ltd is inherently dangerous and there is significant risk of injury, disability or death. If you do not wish to be exposed to such risks, then you should not participate in the Activities.
I acknowledge that the many inherent risks and hazards associated with participating in Activities at Archer Access Pty Ltd include but are not limited to:
- falling including falling from height and impacting against walls or other people or the ground;
- being crushed or burnt;
- over exertion or dehydration;
- dangerous, reckless or careless acts of other participants in Activities leading to accidents; and
- the failure or unsuitability of facilities to ensure my safety
and as a consequence, personal injury (including abrasions, wounds or cuts, broken bones, crushing injuries including organ damage, burns, paralysis and spinal injury) or even death can occur. I voluntarily assume and accept all such risks and waive the right to bring any action, claim or demand for any personal injury or death in any way whatsoever caused by or arising from or in connection with my participation in Activities.
I acknowledge and agree that:
- I am in good health and am physically fit and free from any medical conditions or pre-existing health issues or impairment that could increase the chance of an accident or that will be detrimental to my health if I do have an accident while participating in Activities. I am not pregnant.
- I am not under the influence of alcohol or any drugs, whether illicit or prescription, which might affect my perception, strength or coordination or my ability generally to participate safely in Activities. I understand I will be required to leave and not return for a minimum of 24 hours if Archer Access Pty Ltd personnel suspect I am under the influence of alcohol or drugs, and they do not have to test me for this.
I consent to receive emergency medical treatment in the event of illness or injury and authorise Archer Access Pty Ltd and its personnel to take all steps considered by them to be reasonably necessary to protect my welfare in this event, including arranging ambulance transportation, and agree to pay the cost of such treatment and other steps taken.
I agree to comply with all policies, signs, rules, regulations and verbal directions of Archer Access Pty Ltd or its personnel and I acknowledge that Archer Access Pty Ltd may suspend or cancel my access to Activities with no notice in its absolute discretion for non-compliance with any signs, rules or directions or for reckless or careless conduct. At all times while participating in Activities I will act with due care for my own safety and the safety of others.
I acknowledge I have been provided with a copy of the current rules for participating in Activities and I have had the opportunity to read these carefully and have read them carefully and have queried anything I don’t understand.
In exchange for being able to participate in Activities, I agree:
- To release Archer Access Pty Ltd and its officers and personnel from all liability for:
- my death;
- any physical or mental injury, disease, condition or state of affairs (including the aggravation, acceleration or recurrence of such an injury, disease, condition or state of affairs) that is or may be harmful or disadvantageous to me; or
- any loss of, theft of or damage to my personal property,
howsoever arising from or in connection with my participation in Activities;
- to indemnify and hold harmless and keep indemnified Archer Access Pty Ltd and its officers and personnel to the maximum extent permitted by law in respect of any claim by any person arising out of or in connection with Activities; and
- to attend or participate in Activities at my own risk.
This release and indemnity continues perpetually and binds my heirs, successors, executors, personal representatives and assigns.
I acknowledge and agree that:
- nothing in this document prevents Archer Access Pty Ltd from relying on any laws that limit or preclude their liability; and
- nothing in this document excludes any term or guarantee which cannot be excluded at law. However, the liability of Archer Access Pty Ltd is limited to the minimum liability allowed at law.
I have read, understood, acknowledge, and agree to the above including the exclusion of statutory guarantees, warning, assumption of risk, release and indemnity and I agree to these freely without any inducement.
I understand this is a legal document and acknowledge I have been given the opportunity to seek legal advice before signing it. I acknowledge and agree that this document is ongoing and all acknowledgements I make in this document will apply on each occasion I participate in Activities in the future as if I signed it again on that day.