Loading...

WAIVER AND RELEASE OF LIABILITY

Participation Agreement, Indemnification Clause & Liability Waiver

WARNING: RELEASE OF LIABILITY & INDEMNIFICATION

PLEASE READ CAREFULLY BEFORE SIGNING, THIS IS A

RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS

1. Definitions

  • “Activity” means using the Ballina Waterslides, its facilities, equipment or area for any purpose, or any occurrence on the wider Ballina Waterslides premises. 
  • “Australian Consumer Law” or “ACL” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • “Ballina Waterslides Premises” means the premises located within Ballina War Memorial Pool, River Street, Ballina NSW 2478 where the Released Parties operates the Waterslides.
  • “Participant” means the person who is using or entering the Ballina Waterslides Premises.
  • “Released Parties” means Lubrano Aquatics Pty Ltd trading as Ballina Waterslides (ABN 28 649 615 949) or any of its respective successors in interest, associated companies or entities, insurance providers, agents, employees, contractors, representatives, assignees, officers, directors, members or shareholders.
  • “Waiver” means the Waiver document.
  • “You” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18 or any spouse, children parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on the Participant’s behalf. 

2. Risks of Activity Disclosure

You agree and understand that taking part in the Activity, despite being fun, can be HAZARDOUS AND INVOLVES THE REAL RISK OF SERIOUS PHYSICAL INJURY AND/OR DEATH and actual or alleged transmission of a communicable disease. You acknowledge that the Activity is inherently dangerous and fully realise the dangers of participating in the Activity and the impact of the types of potential injuries that could result. The risks and dangers of the Activity include, but are not limited to: drowning; entanglement; water flow; currents; impacts; collisions with other participants and/or debris, obstacles, devices or other objects; natural objects; weather conditions; exposure to the elements; slips and falls; equipment failure and/or defects; wildlife; operator error; acts or omissions or negligence of the Released Parties; consumption of any fluid or substance whether provided by the Released Parties or others; provision of first aid, medical treatment or other assistance or services by the Released Parties or others; mental anguish and distress from exposure to any of the above; and negligence of others. 

YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE OR EXHAUSTIVE AND THAT PARTICIPATING IN THE ACTIVITY IS DANGEROUS AND INCLUDES OTHER RISKS.

This notice is given as a risk warning pursuant to Section 5M of the Civil Liability Act 2002 (NSW). Having given this risk warning, the Released Parties will not be held liable for any liability personal injury or death, however it may occur as set below.

3. Release, Indemnification and Waiver

In consideration of the Participant being permitted to participate in the Activity, You agree as follows:

  • Release. To the extent permitted by law, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown (including but not limited to personal injury and mental anguish), which You or the Participant, have or which could be asserted on behalf of You or the Participant in connection with the Participant’s participation in the Activity, including but not limited to claims of negligence, breach of warranty, and/or breach of contract, except to the extent that such liability cannot be excluded under the Australian Consumer Law.
  • Indemnification. You hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and form any suits, claims or demands, including legal fees on a lawyer client basis and expenses whether or not in litigation, arising out of, or in any way related to, You or the Participant’s participation in the Activity or presence on the Ballina Waterslides premises, except to the extent that such liability cannot be excluded under the Australian Consumer Law. Such obligation on the part of You shall survive the period of the Participant’s participation in the Activity. 
  • Equipment. You understand and agree that it is Your responsibility to inspect the facilities, equipment and areas to be used, and if You believe or become aware that any are unsafe or pose reasonable risks, You agree to immediately notify the appropriate Ballina Waterslides Staff. By participating in the Activity, You are acknowledging the You have to be safe and acceptable for participation. You accept full and sole responsibility for the condition and adequacy of Your equipment as well as equipment (if any) provided by Ballina Waterslides.
  • Insurance and Physical Condition. You agree and understand that no medical or accident insurance will be provided to you by the Released Parties or any third party during Your participation in the Activity or while on the Ballina Waterslides premises. You certify that you have sufficient health, accident, and personal liability insurance to cover any injury to You or another person or damage to any property that You may incur during the Activity. You acknowledge that the Activity requires significant physical exertion and that you are in good physical and mental health and not suffering from any condition or disease or disablement that could in any way affect your participation in the Activity. 
  • Waiver. You agree and understand that there are dangers and risks associated with the participation in the Activity and the use of any part of the Ballina Waterslides premises and that INJURIES AND/OR DEATH may result from participating in the Activity or using any part of the Ballina Waterslides premises, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document or participating in the Activity, You recognise and accept that property loss, injury and death are all possible while or at any time following participation in the Activity. 

RECOGNISING THE RISKS AND DANGERS, YOU UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR THE PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.

4. Minor Acknowledgement 

In the case of a minor Participant, You as a parent or legal guardian acknowledge that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as that parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor may otherwise have. You as a parent or legal guardian agree that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under legal penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, singing adults represent that they re a legal parent or guardian of the minor participant. 

5. Photography and Video Consent.

I acknowledge that photos or videos may be taken during activities for promotional purposes, and I consent to their use by Ballina Waterslides.

6. Medical Care

You authorise the Released Parties and/or their authorised personnel to call for or administer medical care for the Participant or to transport the Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. The Participant releases the Released Parties from any liability arising from the provision or failure to provide medical care. You agree to immediately pay all costs associated with such medical care and related transportation.

7. Miscellaneous 

You further agree and understand:

  • The Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; 
  • This Agreement shall be governed by the laws of New South Wales Australia, and any disputes or claims shall be subject to this jurisdiction;
  • This Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof;
  • You understand and acknowledge that this Agreement is a contract intended to be as broad and inclusive as New South Wales Australian Law will allow and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is Your intent that this agreement shall be binding upon Your assignees, heirs, next of kind, executors and personal representatives. 

I HAVE LISTENED TO BALLINA WATERSLIDES SAFETY INSTRUCTIONS AND I HAVE CAREFULLY READ ALL OF THE SIGNAGE ON DISPLAY AT BALLINA WATERSLIDES AND UNDERSTAND ITS CONTENTS AND THE ABOVE WAIVER, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

BALLINA WATERSLIDES RULES & REGULATIONS

Ballina Waterslides provides activities for varying levels of participants. All participants and people who visit Ballina Waterslides must, in addition to abiding by our rules, use common sense at our facility, in using the Ballina Waterslides and features we have provided for your enjoyment. If a visitor or rider has any questions, they should see a member of Ballina Waterslides staff immediately. Below are Ballina Waterslides rules and regulations. These are to ensure everyone enjoys Ballina Waterslides in a safe and responsible manner. By entering on to Ballina Waterslides premises You are deemed to have accepted our rules and regulations. Terms and Conditions are available on our website, and this Waiver. Participants cannot participate in Activities unless they have signed a Waiver to be held on file by Ballina Waterslides. If a participant is under 18, their legal parent or guardian must accept and sign the document. Participants will sign in digital form and agree that the signature will be binding upon them.

  • All patrons ride at their own risk. Please consider your own limitations before riding
  • Minimum height for Yellow Waterslide is 110cm.
  • All children aged 5 years and under must be accompanied by an adult at all times whilst riding on the Waterslides.
  • Children under 5 years and/or 110cm are able to ride the Green Waterslide ONLY.
  • Maximum weight for both Waterslides is 120kg.
  • Discounts not provided for entry to the Waterslide later in the day.
  • Eyewear, hats and loose items are not permitted on the Waterslides.
  • Do not run on stairs or walkways.
  • Clear the landing pool immediately.
  • Waterslide may be closed due to bad weather at the discretion of management.
  • No refunds due to change of mind or change in weather.
  • Children 0-5 years are to be within arm’s reach of a supervising adult at all times. Children 6-12 years to be supervised at all times.
  • Patrons with high blood pressure, heart, neck or back problems, recent surgery or other prevailing health issues are strongly recommended not to participate in this attraction.
  • Do not ride if you know or suspect you are pregnant. 
  • Patrons demonstrating unsociable behaviour (including unsocial language), violence, theft, vandalism, queue line jumping or under the influence of drugs or alcohol will be refused entry or be asked to leave the area without refund.
  • Patrons must comply with all staff directions and park signage. Ballina Waterslides can refuse entry or ask patrons to leave without refund.
  • Ballina Waterslides reserves the right to deny participation to anyone it deems at risk due to physical condition, behaviour or failure to meet safety criteria. 

I UNDERSTAND AND ACKNOWLEDGE THAT BALLINA WATERSLIDES MAY MODIFY THESE RULES AT ANY TIME AT ITS SOLE DISCRETION.

Business Details: Lubrano Aquatics Pty Ltd trading as Ballina Waterslides 

ABN: 28 649 615 949 

Address: 4 River Street, Ballina NSW 2478 

Contact: hello@ballinawaterslides.com

If participant is under 18, parent/guardian must complete:

Electronic Signature: By signing electronically, I confirm that I have read, understood, and agreed to the terms of this waiver and release.

Date: October 18, 2025

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*

Parent(s) or Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.



By signing below the Parent 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 Date of Birth*
Date of Birth
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.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!