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Waiver Form

Please complete one Waiver Form for each participant.

Agreement & Waiver

DEFINITIONS

1.       For the purposes of this agreement:

2.       “Activities” means skateboarding, sports, fitness, physical activities and related activities; 3.     “Media” means photography and video recordings;

4.       “Experience Skate Tour” means ABN 48 226 186 082 operating under the business name “Experience Skate Tour”; and

5.       “You” means the Participant, the Parent/Guardian where applicable, or both as context permits.


WAIVER

1.    (Activities) Experience Skate Tour will provide the Activities to you in part in consideration for you agreeing to this agreement.

2.       (Risk warning) Before you participate in the Activities, you must ensure that you understand the risks involved in participating in the Activities. You acknowledge and agree that the Activities are inherently dangerous and carry the risk of serious personal injury, death or property damage. You acknowledge and agree that you understand the risks involved in participating in the Activities and voluntarily participate in the Activities at your own risk. You acknowledge that the assumption of risk and warning above constitutes a ‘risk warning’ in accordance with the relevant legislation, including the Civil Liability Act 2003 (QLD).

3.       (Parent/Guardian) If signing this document on behalf of a Participant as a Parent/Guardian, you acknowledge and agree that you have explained the risk of the Activities to the Participant. By acknowledging and agreeing to these terms on behalf a Participant, you warrant that you are the Participant’s parent or legal guardian and have authority to enter into these terms and any other documents (including waivers) on behalf of the Participant.

4.       (Australian Consumer Law) The Australian Consumer Law (which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth)) allows a service provider of recreational activities to ask you to agree that the statutory guarantees set out in the Australian Consumer Law do not apply to you. By signing this agreement, you acknowledge and agree that, to the extent permitted by law, the liability of Experience Skate Tour in relation to the Activities for any:

5.       death;

6.       physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

7.       the contraction, aggravation or acceleration of a disease;

8.       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:

9.       that is or may be harmful or disadvantageous to you or the community;

10.    that may result in harm or disadvantage to you or the community;

11.    that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities is excluded, and the application of any express or implied warranty or term that the Activities will be provided with reasonable care and skill is hereby excluded.

1.       (Release) You release Experience Skate Tour and its officers, employees and contractors, the organisers, sponsors, other participants and any other persons involved in your participation in the Activities with Experience Skate Tour (Releasees) from:

2.       any demand, claim, or other proceeding in relation to any injury or death or loss or damage to personal property in connection with your participation in the Activities with Experience Skate Tour, whether or not caused by the negligence of a Releasee; and

3.       all liability for a failure to comply with any express or implied warranty or guarantee that the Activities will be provided with reasonable care and skill.

4.       (Indemnity) You agree to indemnify each Releasee in relation to any demand, claim or proceeding that may be brought in connection with your participation in the Activities with Experience Skate Tour.

5.       (Insurance) You acknowledge and agree that the fees for the Activities do not include personal accident insurance cover. You are responsible for your own personal accident, medical and/or life insurance and any or all expenses in the event of injury or death.

6.       (Physical abilities) You must be medically and physically fit and able to participate in the Activities. You agree and represent that you have no injuries, physical restrictions, disabilities or predispositions to sickness or injury that may affect your participation in the Activities.

7.       (Protective gear) Essential protective gear, including helmets, must be worn by all Participants for the duration of the Activities.


MEDIA

1.       (Media) Experience Skate Tour may produce Media featuring you during your participation in the Activities.

2.       (Consent) You consent for the Media to be used by or on behalf of Skate Now for publication on Experience Skate Tour’s website, in Experience Skate Tour’s marketing and promotional material, and on any other website or in any media Experience Skate Tour may select for publication.

3.       (Assignment) You assign (including as a present assignment of future copyright) and transfer to Experience Skate Tour all right, title and interest (including intellectual property rights) in and to the Media, free from any encumbrances or other security interests, including all rights, claims, demands, causes of action, rights of action past, present or future arising out of, or in relation to, the Media.

4.       (Release and indemnity) You release Experience Skate Tour from, and indemnify

Experience Skate Tour against, all claims, actions, demands and liabilities in relation to the creation of Media, which you may have against Experience Skate Tour.


GENERAL

1.    (Governing law & jurisdiction) This agreement is governed by the law applying in Queensland. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

2.       (Further acts and documents) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this agreement.

3.       (Entire agreement) This agreement embodies the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

By signing the below, the Participant, or if the Participant is not 18 years of age, the Participant’s Parent or Guardian on their behalf, agrees to the terms and conditions of this agreement and waiver.


Today's Date: August 17, 2024

First Participant's Name

First Name*

Last Name*

Phone*
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 Information

Medicare Number

Private Health Company (If applicable)

Membership Number

Additional Medical Information - Please give us any medical information which may affect your participation in the activities.
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

Medicare Number

Private Health Company (If applicable)

Membership Number

Additional Medical Information - Please give us any medical information which may affect your participation in the activities.
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

Medicare Number

Private Health Company (If applicable)

Membership Number

Additional Medical Information - Please give us any medical information which may affect your participation in the activities.
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

Medicare Number

Private Health Company (If applicable)

Membership Number

Additional Medical Information - Please give us any medical information which may affect your participation in the activities.
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

Medicare Number

Private Health Company (If applicable)

Membership Number

Additional Medical Information - Please give us any medical information which may affect your participation in the activities.
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

Medicare Number

Private Health Company (If applicable)

Membership Number

Additional Medical Information - Please give us any medical information which may affect your participation in the activities.
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

Medicare Number

Private Health Company (If applicable)

Membership Number

Additional Medical Information - Please give us any medical information which may affect your participation in the activities.
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

Medicare Number

Private Health Company (If applicable)

Membership Number

Additional Medical Information - Please give us any medical information which may affect your participation in the activities.
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

Medicare Number

Private Health Company (If applicable)

Membership Number

Additional Medical Information - Please give us any medical information which may affect your participation in the activities.
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

Medicare Number

Private Health Company (If applicable)

Membership Number

Additional Medical Information - Please give us any medical information which may affect your participation in the activities.
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 Court-Appointed 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 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 Information

Medicare Number

Private Health Company (If applicable)

Membership Number

Additional Medical Information - Please give us any medical information which may affect your participation in the activities.
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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