Risk Acknowledgement Form
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Before partaking in the Tuff Nutterz Pty Ltd (Tuff Nutterz) activities, all participants must register by completing the acknowledgment of risk form below.
Participants under the age of 18 must have the waiver completed by a parent or legal guardian.
PARTICIPANT OR PARENT/GUARDIAN/DETAILS–REFERRED TO AS A ”PARTICIPANT” OR THE ”PARENT/GUARDIAN OF PARTICIPANT” IF ACTING IN THAT CAPACITY Tuff Nutterz Activity Agreement
I have read and accept the following disclaimer:
INFORMED CONSENT & ASSUMPTION OF RISK
This Acknowledgement of Risk Form, together with the Schedule of Details (once completed by you), forms part of your contract for recreational services/activities, including all water, sporting and leisure activities provided by Tuff Nutterz – a Company Registered in New South Wales under the ABN 99 600 456 871.
References to ‘Participants’ are references to any person who is undertaking activities provided by Tuff Nutterz. The form below sets out the terms under which facilities and activities are provided by Tuf Nutterz to you.
At Tuf Nutterz we take your health and safety seriously. We wish to highlight that any of the activities available can be potentially hazardous physical activities and that participation can lead to a risk of injury or even death.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU CONFIRM THE FOLLOWING STATEMENTS
I the Participant or Parent/Guardian of Participant(s), confirm as follows:
1. I confirm that the Participant(s) wish(es) and is/are allowed to participate in the activities organised by Tuf Nutterz. The Participant and (if applicable) the Parent/Guardian of the Participant are of sound mind and body and have the mental capacity to acknowledge the risk of harm associated with the performance of these activities. The Parent/Guardian of the Participant has the authority to act on behalf of the Minor Participant in order to enter into this acknowledgement of risk.
2. I understand and accept that in participating in the activities on Tuff Nutterz (the “Activities”), that there is a danger and risk of physical or emotional injury, paralysis or death or damage to both the Participant(s), to others or third parties or property. Consequently, the Participant(s) is/are to undertake to use Tuff Nutterz’s equipment and facilities (the “Facilities”) and to conduct themselves while on Tuff Nutterz’s premises, in a sensible and responsible manner and in compliance with all notices, instructions and directions as published or displayed from time to time and in compliance with any instruction given to the Participant(s) by an authorised person in Tuff Nutterz’s control. I accept these risks and I also agree to advise all children and minors (under 18 under my care), of these risks prior to engaging in the Tuff Nutterz Activities. I understand and acknowledge there is a risk of personal injury when undertaking Tuff Nutterz Activities and participation can result in serious injury or death. I acknowledge that personal injury or death can arise not always or necessarily as a result of defective equipment or negligence of Tuf Nutterz.
3. I agree that the Participant(s) shall not participate in any Activities provided by Tuff Nutterz unless the Participant(s) has/have read or been explained Tuff Nutterz’s safety rules in relation to the activities and confirm that the Participant(s) will comply with these at all times whilst on the premises from which the activities will be carried out and that they will raise any concerns or lack of understanding before use of the Activities.
4. I acknowledge that when using the Facilities at Tuff Nutterz events that exposed skin may be subject to friction burns and it is recommended that exposed skin is kept to a minimum. I also acknowledge that extra care must be taken if surfaces are slippery for instance due to the weather and I acknowledge that it is recommended to wear socks with grip tread soles.
5. All Participants further acknowledge that the Activities provided by Tuf Nutterz require a reasonable level of fitness and ability and that the Participant has the required level of fitness and ability to perform the activities.
6. I acknowledge that the Participant(s) are responsible for their own safety and the safety of others (in exercising due precaution) whilst partaking in all the Activities. I understand that the Activities may be undertaken without direct supervision and agree at all times to ensure that Participants comply with any instructions given at any time during the Activities by Tuff Nutterz staff members or signage. All Participants also acknowledge & agree to comply with any height, weight and age restrictions, be of a minimum age of five years for all sessions (unless accompanied by an adult at all times). All Participants also acknowledge & agree that restrictions may change from time to time at the company’s discretion. All Participants acknowledge & agree that if they do not comply with any height, weight, age restrictions or any other requirements put in place by Tuff Nutterz they may not be able to partake in the Activities and we reserve the right to check Participants at our discretion. All Minor Participants under the age of 14 are required to be under adult supervision at all times whilst partaking in the activities – the responsible adult is to be at the Facilities at all times to ensure they are safe and looked after, to be present at all times and not to leave minors unattended.
7. I acknowledge & agree that Participants should not engage in moves and tricks (tumbling, flipping, diving etc). I acknowledge & agree that Participants will not wrestle or rough play.
8. I confirm that the Participants’(’s) is/are in a good state of health and free from injury, medical, health or other condition (including pregnancy), disease or illness which may be aggravated by participating in Activities at Tuff Nutterz or which may make it unsuitable for the Participant(s) to take part in such Activities. Additionally, the Participant(s) does/do not have any medical condition that may make the Activities more dangerous or may increase any risk of injury to the Participant(s) or others or make more likely that the Participant(s) will be involved in an accident which could result in any form injury during the activity. I acknowledge & agree that the Participant(s) are in good physical condition.
9.I acknowledge that the activities provided by Tuff Nutterz are not available to pregnant women and that by accepting these terms I confirm that the Participant(s) is/are not pregnant.
10. I acknowledge & agree that if Participants have any pre-existing medical condition or pre-existing injuries that they have sought medical advice before participating in any event Activities. I acknowledge & agree that Tuff Nutterz did not give medical advice relating to a physical condition or ability to undertake the activities.
11. I confirm that the Participant(s) do not suffer from but not limited to: circulatory conditions, heart or lung conditions, recent surgery, back or neck conditions (including rodded back and\ or brittle bones), high blood pressure, spine, musculoskeletal or head injury, neck instability, achondroplasia, pregnancy.
12. I acknowledge & agree that Tuff Nutterz will not be liable for any damage or loss to property however incurred whilst undertaking Activities at events provided by Tuff Nutterz.
13. I acknowledge, expressly agree and promise to accept all risk existing and subsisting in the activity and that participation in the activity is voluntary and Participants elect to participate despite the risks and agrees to accept consequences of doing so.
14. I acknowledge, agree and provide consent to the following:
Prior to participating in any activity, I will ensure that all jewellery, mobile phones, keys, sharp objects, glasses, and any other valuables are removed by all Participants. I acknowledge that cosmetic body enhancements including but not limited to false nails, non-removable jewellery and other surgical additions could cause injury to the Participant(s) of any activities. Tuff Nutterz strongly advises any Participant(s) to remove these if possible before participating or not to participate, as Tuff Nutterz will not be held accountable for any injury caused to the Participant(s).
- Participants will not eat or drink whilst participating on the event course. This includes candy, sweets and gum. No glass.
- Under no circumstances are alcohol, drugs or any other intoxicating substances to be brought onto the event site. Participants will not be allowed to take part in any activity and refused entry if they have, or appear to have, consumed such substances. Our staff have the right to remove Participants from the event if they have any suspicion that they are under such influence. In this situation, we will not be liable for any refunds, compensation or expenses.
- I understand and acknowledge the dangers associated with the consumption of alcohol, drugs, medication or any mind-altering substance (Drugs) before or during any Tuff Nutterz Activities.
- Any member of Tuff Nutterz staff has the right to prevent or stop the Participants using any of the Facilities or eject the Participant(s) from the premises area for inappropriate behaviour at Tuff Nutterz’s absolute discretion.
- Tuff Nutterz has the right to terminate, without notice, your activity if behaviour or that of any member in your booking is deemed as violent, likely to cause damage, distress or annoyance to other Participants, employees or anyone else. In this instance, we will not be liable for any refunds, compensation or expenses.
- I agree that the Participant(s) are to obey and comply with all rules and directions made or given by Tuff Nutterz in connection with the Activities. If a Participant fails to comply with any such rules and/or directions, the Participant will not be permitted to continue with the Activities, and no refund will be given.
- When attending a Tuff Nutterz event session specifically for children under the age of 5 years old there must be at least one adult (18+) to continually supervise up to two children under 5 years old within the course area of the event.
- A parent or guardian must remain within the premises for the duration of the event session whenever accompanying and supervising a child between the ages of 0 – 14 years. The parent or guardian when accompanying a child or children under the age of 18 years, will comply and ensure that the child or children are safe and looked after and must be present on site at all times and will not leave them unattended. . The Participant accepts all risks associated with the Activities. The Parent/Guardian remains responsible for the minor/s in their care and to ensure all rules are complied with.
- Participants must not, under any circumstances:
a.Smoke on Tuff Nutterz inflatables; or
b.Deflate any of the inflatables
- I acknowledge and agree to fully indemnify Tuff Nutterz, its agents and employees against any claim brought by a third party for loss, damage, injury or death which has been caused by any action or omission of the Participant(s) or any act or omission of any Participant(s) of which I am the lawful parent or guardian or any Participant(s) whose supervision is wholly or partly my responsibility at the time of the relevant act or omission that amounts to a breach of the terms as set out in this form or which amounts to negligence or a wilful act or omission.
- When or if Tuff Nutterz property is damaged or destroyed due to negligence of the Participant they will be liable for the repair or equivalent replacement costs for the damages caused.
- I acknowledge that nothing in these Terms and Conditions is intended to avoid liability, on the part of Tuff Nutterz, for personal injury or death caused by the negligence of wilful act of its staff or agents.
- I consent to Tuff Nutterz use of CCTV monitoring where installed for training, Health & Safety, Insurance & Security purposes.
- I consent to Tuff Nutterz photographing and/or recording myself and/or Participants under my care and to use such photographs and/or recordings solely and only for Tuff Nutterz advertising and promotional purposes. I hereby waive any right to inspect or approve the use of any such material and acknowledge and agree that the rights to use such material shall not require payment or compensation of any kind to be made by Tuff Nutterz to the Participant/Participants under my care. I am fully aware that I must contact a manager of Tuff Nutterz if I do not wish to be part. Photographs, movies or videos taken by Participants must be for personal use and enjoyment only and not for any commercial purpose. Any photographs or videos taken by Tuff Nutterz staff may be used for marketing and promotional material to promote Tuff Nutterz in the future.
15.I understand that no one is permitted to hold/cradle babies and/or small children whilst undertaking any of the Activities, as this may result in severe injury to both parties. No holding hands while going down slides.
16.I understand that Tuff Nutterz do not provide direct supervision of Participants when using the Activities.
17.I understand that Tuff Nutterz do not provide training or tuition to Participants in the use of the Activities.
18.I understand that Tuff Nutterz do not assess any Participant’s skill levels, abilities, competency or the suitability of the Activities for use by them.
19. I understand that Participants or parents or guardians of Participants may be asked for proof of I.D at any age and must be able to produce documents if necessary. Failure to do so can result in being refused to partake in Activities.
20.Participants are responsible for all their personal property at Tuff Nutterz at all times.
22. I acknowledge Tuff Nutterz’s facilities are used by multiple age groups including adults at the same time as children and are not restricted to any one age group.
23. I acknowledge that it is my responsibility to assess the suitability of the Activities & the multiple age group use for children in my care. I am aware that some activities are age, height, weight and or ability restricted and I will ensure that I or the Participants in my care is/are advised accordingly.
24. I agree that I will not attempt to use any of the Facilities or participate in the Activities whilst
accompanying the child/ren unless:
- I am a registered Participant;
- I have signed a risk acknowledgment form as a Participant in the Activities;
25. I confirm I have read, understood and will be bound by all the above and confirm acceptance of Tuff Nutterz terms and conditions.
26. All Tuff Nutterz Activities are time limited and I agree that myself and each of the Participants for whom I am responsible will cease activities and leave the Facilities when the allotted time has expired and when asked to do so by Tuff Nutterz staff (whether or not the allotted time has expired).
27. This form is governed by the laws of Australia and subject to the exclusive jurisdiction of Australia.
Where I am a parent/ guardian/ for a child and/or minor(s), I represent and warrant that I have authority to accept this and enter into this Acknowledgement of Risk Form on their behalf.
By checking the box, I acknowledge and agree that I have read, fully understand, and consent to be bound by the terms as set out in this Acknowledgement of Risk Form.
Please tick the boxes below to confirm:
I confirm that I have read the above and adhere to the guidance set by the staff.
I confirm that I am over the age of 18 years, signing for myself as a Participant or as the Parent/Guardian of a Participant(s) under the age of 18 years old.
Today's Date: February 6, 2023