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LIABILITY WAIVER, RELEASE & INDEMNITY

By signing this Liability Waiver, Release & Indemnity, you are agreeing:

  1. you have read, understood and agree to the Liability Waiver, Release & Indemnity;
  2. you have read, understood and agree to the Terms and Conditions; and
  3. you comply with the Health and Safety Requirements;

1.              WAIVER

1.1           Competition and Consumer Act 2010 (Cth)

(a)            You acknowledge and agree:

(i)       the Activity is the supply of recreational services, as that term is defined in section 139A of the Competition and Consumer Act 2010 (Cth) (“the CCA”), which involve a significant degree or physical exertion or physical risk; and
(i)       you are participating in the Activity voluntarily for the purposes of recreation, enjoyment or leisure. 

(b)            To the extent permitted by section 139A of the CCA, you are agreeing to waive and exclude any rights you may have under sections 60, 61 and 62 of schedule 2 to the CCA (and any amendments of those sections as well as any sections inserted in subdivision B of Division 1 of Part 3-2 of schedule 2 to the CCA in the future), to the extent of any liability for any breach of those sections, from which #Skirmish is hereby released and discharged from, resulting in:

(i)       death; or
(ii)      a physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual);
(iii)     the contraction, aggravation or acceleration of a disease of an individual;
(iv)     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:

A.     that is or may be harmful or disadvantageous to the individual or community; or
B.     that may result in harm or disadvantage to the individual or community.

1.2           Civil Liability Act 2003 (Qld)

You acknowledge and agree:

(a)            you are engaging in the Activity for enjoyment, relaxation or leisure that involves a significant degree of risk of physical harm;
(b)            the Activity is a dangerous recreational activity, as that term is defined in the Civil Liability Act 2003 (Qld); and
(c)            #Skirmish has warned you of the risks of harm, serious injury or death that may occur by engaging in the Activity; and
(d)            #Skirmish will not be liable for any harm, injury or death you or any other person engaging in the Activity suffers as a result of your engagement with the Activity.

2.              RELEASE & INDEMNITY

(a)            To the full extent permitted by Law, you agree to release, discharge and indemnify, and forever hold indemnified, #Skirmish and its directors, employees and agents from liability for any and all:

(i)       loss, damage, liability claim, demand, expense (including any legal expense reasonably incurred in the enforcement of this Liability Waiver, Release & Indemnity or the Terms and Conditions) incurred or expected to be incurred by #Skirmish;
(ii)      actual or threatened cause of action (excluding any loss, damage, liability, claim, demand, expense) against #Skirmish; or
(iii)     personal injury, harm or death of any person, in respect of or arising directly or indirectly from my engagement in the Activity, due to any cause whatsoever including negligence, breach of contract or breach of any statutory or other duty of care.

(b)            You agree that the release contained in clause 2(a) may be pleaded as a bar to any action, claim or proceeding commenced now or at any time.

Any capitalised term in this Liability Waiver, Release & Indemnity has its definition contained in the Terms and Conditions, unless context requires otherwise.

 

TERMS AND CONDITIONS

BY engaging in the Activity, or signing the Liability Waiver, Release & Indemnity, the Customer agrees to be bound by these Terms and Conditions (“the Agreement”).

1.      DEFINITIONS AND INTERPRETATIONS
1.1      Definitions

In these Terms and Conditions of Trade:
Activity means the recreational services of paint ball supplied by #Skirmish to the Customer.
Customer means the person engaging in the Activity.
Services means the provision of the Activity by #Skirmish to the Customer in accordance with these Terms and Conditions.
#Skirmish means Skirmish Sunshine Coast Pty Ltd ACN 056971067 trading as Skirmish Sunshine Coast
Terms and Conditions means this document.

1.2      Interpretation

In these Terms and Conditions, unless the context otherwise requires:-

(a)    a reference to writing includes email and other communication established through #Skirmish’s website (if any); and
(b)    the singular includes the plural and vice versa;
(c)     a reference to a clause or paragraph is a reference to a clause or paragraph of these Terms and Conditions;
(d)    a reference to a party of these Terms of Trade or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns;
(e)    where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
(f)     headings are for ease of reference only and do not affect the meaning or interpretation of these Terms and Conditions; and

2.      AGREEMENT

(a)    In consideration of payment of the price paid for the Services, #Skirmish agrees to provide the Services on the terms and conditions of this Agreement.

3.      ENGAGEMENT

(a)    These Terms and Conditions apply to all transactions between the Customer and #Skirmish relating to the provision of Services.  These Terms and Conditions take precedence over conditions contained in any document of the Customer or elsewhere, except for the Liability Waiver, Release & Indemnity and Health & Safety Requirements which operate together with these Terms and Conditions.
(b)    The variation or waiver of a provision of these terms or a party’s consent to a departure from a provision by another party is ineffective unless in writing.

4.      RULES AND DIRECTIONS

(a)    #Skirmish may set and amend rules which regulate and govern the behaviour of Customers when attending #Skirmish premises and/or engaging in the Activity (“the Rules”).
(b)    The Customer agrees to comply with the Rules at all times and ensure any of their invitees or guests, including children under their care or responsibility, comply with the Rules.
(c)     Staff or management of #Skirmish may issue lawful and reasonable directions to the Customer when they attend #Skirmish premises and/or engage in the Activity to comply with the Rules, the Liability Waiver, Release & Indemnity, these Terms and Conditions, the Health & Safety Requirements or any other thing to protect the health and safety of any Customer of #Skirmish (“the Directions”).
(d)    The Customer agrees to comply with any and all Directions at all times and ensure any of their invitees or guests, including children under their care or responsibility, comply with any and all Directions.

5.      WARRANTIES & INDEMNITIES

(a)    The Customer warrants to #Skirmish (“the Customer’s Warranties”):

(i)      they, and any of their invitees or guests, will comply with the Rules at all times;
(ii)      they, and any of their invitees or guests, will comply with any and all Directions at all times;
(iii)     they comply, and will continue to comply at all times, with all of the Health and Safety Requirements; and
(iv)    if they are subject of any Health & Safety Recommendations, they have received full and informed medical clearance from a medical practitioner for their engagement in the Activity.

(b)    The Customer indemnifies and holds indemnified #Skirmish for any Loss #Skirmish incurs or expects to incur, directly or indirectly, as a result of a breach of any of the Customer’s Warranties.
(c)    #Skirmish is entitled to immediately terminate the Services and refuse engagement of the Activity to the Customer if the Customer breaches any of the Customer’s Warranties.

6.      INTELLECTUAL PROPERTY RIGHTS

(a)    All photos provided by the Customer to #Skirmish become the property of #Skirmish and may be used by #Skirmish for marketing and promotional purposes. The Customer agrees and consents to #Skirmish taking photos of the Customer engaging in the Activity to be used for any purpose in connection with #Skirmish’s business, including but not limited to posting on social media.

7.      AGENCY AND ASSIGNMENT

(a)    #Skirmish has the right to assign and transfer to any person all or any of its title, estate, interest, benefit, rights, duties and obligations arising in, under or form these Terms and Conditions provided that the assignee agrees to assume any duties and obligations of #Skirmish owed to the Customer under these Terms of and Conditions.
(b)    The Customer is not to assign, or purport to assign, any of its obligations or rights under these Terms and Conditions without the prior written consent of #Skirmish.

8.      FORCE MAJEURE

(a)    If circumstances beyond #Skirmish’s control prevent or hinder its provision of the Services, #Skirmish is free from any obligation to provide the Services while those circumstances continue.  #Skirmish may elect to terminate the provision of Services or keep the agreement on foot until such circumstances have ceased.
(b)    Circumstances beyond #Skirmish’s control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, communicable diseases or viruses, fire, war, acts of God, Government decrees, directions, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

9.      GENERAL

(a)    These Terms and Conditions are governed by the laws of Queensland and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland.
(b)    These Terms and Conditions, the Liability Waiver, Release & Indemnity and the Health & Safety Guidelines and written variations agreed to in writing by #Skirmish represent the whole agreement between the parties relating to the subject matter of these terms.
(c)     These Terms and Conditions supersede all oral and written negotiations and communications by and on behalf of either of the parties.
(d)    In entering into these Terms and Conditions, the Customer has not relied on any warranty, representation, or statement, whether oral or written, made by #Skirmish or any of its employees or agents relating to or in connection with the subject matter of these Terms and Conditions.
(e)    If any provision of these Terms and Conditions at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.
(f)     A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.

 

HEALTH AND SAFETY REQUIREMENTS

The Activity is strenuous and can be dangerous if not performed correctly and in accordance with the Terms and Conditions and the Rules. You will not be permitted to engage in the Activity if you do not meet the Health & Safety Requirements.

Even if you believe you are able to safety engage in the Activity, #Skirmish may, in its sole discretion, refuse to allow you to do so.

By engaging in the Activity, you are providing a warranty to #Skirmish that you (“the Health & Safety Requirements”):

1.          are over the age of 18, or between 15 and 18 if parental consent is provided in the approved form;
2.          are not 20 weeks or more pregnant, or do not suspect that you may be 20 weeks or more pregnant;
3.          do not suffer from, or are not recovering from, any broken bones or severely impaired limbs (which may include amputation, if it impacts your ability to engage in the Activity);
4.          have not recently undergone surgery of any type;
5.          have not been under the effect of sedatives or anaesthesia within the last 48 hours;
6.          do not have any limb, joint or back injury which affects your fitness or strength;
7.          do not suffer from vertigo, dizziness or balance problems;
8.          do not suffer from a heart or cardiovascular condition for which you are not following medical practitioner’s advice;
9.          do not suffer from chest pain or shortness of breath;
10.       do not suffer from epilepsy and are within 6 months from being diagnosed;
11.       have not suffered a fit, seizure or fainting episode within the last 6 months;
12.       have not suffered a syncope or black out episode within the last 12 months;
13.       are not under the influence or any drug, alcohol or other mind-altering substance, whether prescription or otherwise; and
14.       do not have a blood-alcohol concentration of 0.05% or higher in your blood stream.


#Skirmish strongly recommends that any person who suffers from, or is subject to any of the following conditions, seeks medical advice and clearance before engaging in the Activity (“the Health & Safety Recommendations”):

1.          any heart or cardiovascular condition;
2.          are not pregnant, or do not suspect that you may be pregnant;
3.          any limb, joint or back injury;
4.          visual impairment, other than those who wear prescription glasses or contact lenses;
5.          any other medical condition or health concern which may impact your physical fitness or ability to engage in the Activity.

Any capitalised term in these Health & Safety Requirements has its definition contained in the Terms and Conditions, unless context requires otherwise

 

CONSENT

IF YOU ARE 18 OR OLDER

I am the Customer (who is a person who is at least 18 years of age) and I have read and understood the Terms and Conditions and the Health & Safety Requirements set out herein. I hereby consent to receiving the Service (play paint ball) and will indemnify and ensure no action is taken against #Skirmish if I fail to comply with Terms and Conditions and the Health & Safety Requirements set out herein.

OR

IF YOU IF YOU ARE 15 UP TO 17. YOU MUST HAVE A PARENT OR GUARDIAN SIGN AS WELL


Date: September 8, 2024
 

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Signature*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Signature*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Signature*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Signature*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Signature*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Signature*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Signature*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Signature*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Signature*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
I am the parent or duly appointed guardian of the Customer (who is a person who is at least 15 years of age) with full parental rights and authority, and I have read and understood the Terms and Conditions and the Health & Safety Requirements set out herein. I have explained to the Customer what those terms and requirement mean and confirm that they understand those matters. I hereby consent to and approve the Customer receiving the Service (play paint ball) and will indemnify and ensure no action is taken against #Skirmish if the Customer fails to comply with Terms and Conditions and the Health & Safety Requirements set out herein.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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