REBOUND CLUB
ACKNOWLEDGEMENT OF RISK AND WAIVER OF LIABILITY Your involvement in the recreational activities supplied by KFK Investments Pty Ltd ACN 616 201 177 trading as Rebound Club (Rebound Club) and its contractors and personnel may involve risk. These risks may result in personal injury including death. Before undertaking any such recreational activity, you should ensure you are aware of all of the risks involved, including those risks listed below. In this waiver, ‘recreational services’ or ‘recreational activity’ includes participation in any events that Rebound Club organises or will provide to you (collectively, the Sessions). Events include but are not limited to: (a) social Sessions that are not coached or otherwise supervised; and (b) Rebound Club Sessions that are provided to Rebound Club members. Risks By signing this waiver, you are accessing and participating in the Sessions at your own risk, acknowledging: (a) that certain Sessions will not have any supervision, instruction, coaching or other safety oversight; (b) the running and biking tracks are available on an ‘as is’ basis; (c) that no care or effort has been taken by any person to make such tracks fit for any purpose whatsoever; (d) that there may be one or more obvious or hidden hazards, including but not limited to running, cycling or swimming, holes, potholes, uneven surfaces, debris, unsanctioned roads, unmarked pathways or tracks, fences, bridges, signs and posts, stairs, road crossings, traffic cones or course markers, hazards caused by poor weather or lighting conditions, animals (both wild and domesticated), brush, dams, rivers, creeks, harmful plants, poisonous plants and insects, bicycles, light, medium and heavy vehicles and machinery, other persons and road users, the risk of over-exertion and dehydration, unfamiliar terrain, wet surfaces, pool chemicals, lighting or weather conditions and collisions with other participants, spectators or road users and vehicles (Hazards); (e) that the Hazards are, or can be, extremely dangerous and may cause personal injury (including serious and grievous injury) or death; (f) that participating in the Sessions, or encountering and attempting to navigate Hazards, can be extremely dangerous activities, carry inherent risks, and may result in personal injury (including serious and grievous internal and external injuries) or death, including by way of: (i) colliding with a person, vehicle (including a motorbike), bicycle or other kinds of machinery; (ii) falling or tripping over any Hazard; (iii) falling down a ravine, staircase or bridge; (iv) drowning in a water source; (v) hitting your head on hard surfaces (including laid pathways, roads, fences, rocks, trees, animals, signs or posts, vehicles, pool walls and machinery); (vi) slipping on various running, cycling or swimming-related surfaces including road, grass, loose gravel, pool tiles or dirt; (vii) suffering from over-exertion or dehydration. By agreeing to this waiver, you acknowledge, agree, and understand that involvement in a recreational activity may involve risk, including but not limited to the risks set out above. You agree and assume any such risk voluntarily and at your own risk. Waiver It is possible for a supplier of recreational services or recreational activities to ask you to agree that statutory guarantees under the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you (or a person for whom or on whose behalf you are acquiring the services). If you agree to this waiver, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the Rebound Club in relation to recreational services or recreational activities that you undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below. By agreeing to this waiver, you agree that the liability of the Rebound Club in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth)) for any: (a) death; (b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (c) the contraction, aggravation or acceleration of a disease; or (d) 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: (i) that is or may be harmful or disadvantageous to you or the community; or (ii) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the recreational activity is excluded. By agreeing to this waiver: (a) you agree that the Rebound Club is not liable in negligence for harm suffered as a result of the materialisation of an obvious risk of a dangerous recreational activity engaged in by you (or a person from whom or on whose behalf you are acquiring the services); and (b) you irrevocably release and discharge each and all of the Rebound Club and its contractors from, and indemnify each and all of them against, loss or expense (including solicitor-client legal costs) or damages arising out of conduct of defence or award or judgement of or in relation to any claim, action, demand or proceeding relating to or arising out of your participation in the recreational activity, including but not limited to any injury to peoplesuffered by any person (including you and any third party), and any loss caused by the negligence of the Rebound Club. This indemnity survives termination or expiration of this waiver for any reason and continues to operate for so long as any claim that is the subject of this indemnity may be brought in any jurisdiction. Nothing in this waiver excludes, restricts or modifies any condition, warranty, guarantee, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified. All express or implied representations, conditions, warranties, guarantees and provisions whether based in statute, common law or otherwise, relating to any recreational activity are excluded to the extent permitted by law. This waiver is governed by the laws of Queensland, Australia. You agree to the exclusive jurisdiction of the courts of Queensland in respect of this waiver and any legal proceedings arising out of your involvement in the recreational activity. Persons under the age of 18. Given the nature of the activities, persons under the age of 18 are not permitted to participate in the Sessions without the express consent of the Rebound Club. Important You do not have to agree to exclude, restrict or modify your rights by agreeing to this waiver. The Rebound Club is entitled to exclude you from participating in the recreational activity if you do not agree to exclude, restrict or modify your rights by agreeing to this waiver.
I agree that the liability of the Rebound Club and its contractors and personnel for any personal injury that may result from a recreational activity that may be suffered by me is excluded in accordance with this waiver.
Today's Date: June 15, 2026 |