Activity: Firefly Zipline is a temporary zipline activities (“Activities”). The current activation will occur in Melbourne throughout the month of December 2021. The zipline will take participants from the back of Federation Square over the Yarra River finishing in Alexandra Gardens. The participants will be required to walk back over Princes Bridge to return to the start point and collect their belongings. Bookings can be made online, or on the day at the event subject to availability. The activities include, but not limited to, walking, running, hanging, swinging, climbing, jumping, and balancing.
This is an important document, which affects your legal rights and obligations. Read it carefully and do not complete registration unless you are satisfied that you understand it. If you have any questions, please ask our representative.
You do not have to agree to exclude, restrict, or modify your rights by signing this Waiver Form.
You must be of legal age to sign this Waiver Form. A child under the age of 18 cannot legally agree to exclude, restrict, or modify the child’s rights.
We reserve the right to refuse to provide you with the Services if you do not agree to exclude, restrict, or modify your rights by signing this Waiver Form.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
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 supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. 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 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in 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.
EXCLUSION OF CONSUMER GUARANTEES AND LIMITATION OF LIABILITY
For the purpose of section 139A of the Competition and Consumer Act 2010 (Cth) and section 22 of the Australian Consumer Law and Fair Trading Act 2012 (VIC) Firefly Zipline activities are “recreational services” that involves significant degree of physical exertion or physical risk and is undertaken for the purpose of recreation, enjoyment or leisure.
Firefly Zipline activities involve obvious risk of injury that are inherent to the Activities “inherent risks” and is detrimental to your health and safety. The inherent risks include, but not limited to:
- falling, tripping or collisions with other participants or with stationary objects;
- traffic incidents when crossing the road or bridge;
- landing wrong on leaps, other participants and hard surfaces;
- slipping and falling within the activity area or in other parts of the venue;
- over-exertion, attempting actions or maneuvers that are beyond a participant’s capacity;
- unexpected failure of the equipment including fire and shifts in padding;
- fire within the operational structures of the site or the vicinity of the site;
- erratic or careless behavior of other participants, supervisory or judgment error by staff;
- uncomfortable rides and airborne debris due to high wind;
- sunburn, sunstroke or being affected by the heat;
- loss or damage to your personal property, property of the Organisation, property of third parties and other participants.
- health and safety impacts related to Covid-19 infection; and
- inadequate facilities for treatment or transportation if you are injured.
The potential risks in participating in Firefly Zipline activities include, but not limited to:
- physical injury;
- mental injury;
- aggravation of current Medical Conditions;
- death; and/or
- loss of property or property damage both personal and third party.
I acknowledge and agree that:
- I have read and understood that the Activities contain inherent risks and I assume the risk of and responsibility for any injury, death or any property damage or loss resulting from my participation (or that of my minor child’s participation) in the Activity;
- I understand the demands of the activities relative to my abilities (or that of my minor child), and I appreciate the types of injuries that may occur as a result of Activities and their potential impact on my well-being and lifestyle (or that of my minor child).I confirm that my participation (or that of my minor child) is voluntary and that I (and my child) knowingly assume all inherent risks;
- to the full extent permitted by law, waive the right to take legal action or claim damages against Puff Global, its directors, employees, agents or contractors for personal injury or death caused as a result of participating in or in connection with participating in the Activities;
- the right to take legal action or claim damages due to Puff Global’s failure to exercise any implied or express guarantees including due care and skill are excluded, or alternatively limited to a refund of the cost of the Activities; and
- to the full extend permitted by law, waive and release Puff Global in respect of any losses, damages, claims, injuries, liabilities, costs, charges, or expenses whatsoever in connection with, whether directly or indirectly, from participation in the recreational services provided by Puff Global, including those arising under statute, tort, contract, common law or equity (including for Puff Global’s negligence).
HEALTH AND SAFETY RULES
Your safety is our prime concern. We have endeavoured to maintain the safety of the Activity by implanting following measures:
- provide full safety briefing for all participants including safe locations of the site;
- regular inspections of all areas to check for hazards;
- fence the activation site appropriately to clearly guide access via safe pathways;
- display evacuation points at the ticketing office and on-site;
- fully equip the ticket office and staff area with fire extinguisher;
- appoint a highly experienced Chief of Safety Officer with expertise in zipline adventures;
- allocate trained First Aid staff onsite at all times;
- allocate safety trained supervisors and staff on duty;
- provide general supervision of activities;
- provide instruction which emphasizes safe skill progressions;
- sheltered areas provided for participants while they are waiting for their Activity;
- monitor weather and wind strength and suspend rides if necessary;
- provide hand sanitizer at multiple locations, disinfect all gear regularly, maintain social distancing
- and QR code check-in to monitor attendance;
- allocate adequately trained staff for rescue management in the event of injuries or incidents
- related to the Activity; and
- display emergency services details on-site.
However, we require your co-operation to maintain the safety of the facility and Activity by you agreeing to the following:
- Provide true, current, correct and up to date personal information and health information;
- Comply with all safety guidelines communicated to you on the day of the event.
- You must be able to clearly understand verbal or written instructions in English;
- You must follow all our Conduct Rules listed in our Booking Terms;
- You must not participate in the Activities if you have any Medical Conditions listed in our Booking Terms and/or you have not obtained professional medical advice;
- You must alert the staff to any dangerous behaviour of co-participants; and
- Respect the equipment and not willingly cause damage to any piece of equipment.
We also require your co-operation in relation to health and safety. It is your duty to:
- get a medical clearance prior to participation in a vigorous physical activity;
- possess a sufficient level of skill and physical fitness for safe participation;
- have no health problems that would make participation unwise;
- inform staff and cease exercise immediately if you feel any unusual discomfort (e.g., faintness,
- shortness of breath, high anxiety, chest pains) during participation;
- attempt only activities that you feel capable of performing safely; and
- stop any activity if you believe its unsafe.
In case of an emergency, you authorise us to:
- administer emergency first aid and/or CPR when deemed necessary by coaches, staff or volunteers;
- secure emergency medical care or transportation where we decide it is necessary; and
- seek any medical attention, treatment, surgery, or administration of drugs by qualified and licensed medical personnel.
You further agree to assume all costs of emergency medical care and transportation.
RELEASE AND INDEMNITY
In consideration of permission to participate in the Activity, you on behalf of yourself, your spouse, your heirs, your parents or guardians, personal representatives, and assigns [“Releasing Parties”] release us from all Claims. You also agree to indemnify the Organisation from and against any all Loss and Damage arising out of or in connection with any damage to third parties occasioned by incident to, arising out of, or in connection with you and/or your child’s participation.
I, have read this Agreement and understand that I am giving up substantial rights, including the right of both the participant and the parent or guardian to sue for damages in the event of death, injury, or loss. I, acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability.
“Activities” means any zipline activities made available to you from time to time on our Website.
“Claims” mean any claim, under statute, tort, contract or negligence, any demand, award or costs.
“Loss and/or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
“Organisation, we, us or our” means Puff Global Pty Ltd [ABN 43651402710] and includes any of our directors, officers, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.
“Website and Services” means www.fireflyzipline.com.au and everything available on this Website including, but not limited to, all products and services.
Today's Date: November 26, 2021