Release of Liability and Assumption of Risk Agreement

Release of Liability and Assumption of Risk Agreement

In consideration of being allowed to participate in the Lessons, I, the undersigned, acknowledge, appreciate and agree that:

1. This consent applies in relation to me, and in relation to any person under the age of 18 years of whom I am a parent or guardian. 

2. "Claims" includes, but is not limited to, any action, suit, proceeding, claim, demand, damage, notice, litigation, investigation, cost or expense however arising against the Supplier, whether present or future, actual or contingent. 

3. “Lessons” means the skateboarding lessons provided to me by the Supplier, who operates under the business name ‘Fakie Skateboards’;

4. "Supplier" for the purposes of this Release of Liability and Assumption of Risk Agreement means Connor Rae; 

5. This agreement constitutes a ‘risk warning’ in accordance with the Civil Liability Act 2002 (NSW);

6. There are inherent risks of personal injury in recreational activities including those that will be undertaken as part of the Lessons. The risk of injury from the activities involved in the Lessons is significant, including the potential for injury, including serious injury, the aggravation, acceleration or recurrence of existing injury, permanent paralysis and death, and while particular rules, equipment and personal discipline may reduce this risk, the risk of serious injury does exist; 

7. I acknowledge and agree that I will not be allowed to participate in the Lessons unless I am wearing a helmet, which must remain worn at all times throughout each Lesson;

8. I acknowledge that while not mandatory, the Supplier strongly recommends that I wear other protective equipment including knee pads, elbow pads and wrist guards.

9. I knowingly and freely undertake the activities involved in the Lessons and assume all such risks, both known and unknown, and assume full responsibility for my participation; 

10. Prior to participating in the Lessons I will assess all risks involved, including risks that may be caused by my own acts or omissions and my health condition/s. I acknowledge that I must not participate in the Lessons if I have any injury, disability, medical or health condition that may increase the risk of me becoming injured; 

11. I declare that: 

11.1 I am medically and physically fit and able to participate in the Lessons; and

11.2 I will immediately notify the Supplier of any change to my fitness, health and/or ability to participate;

12. If required, the Supplier will arrange ambulance treatment and/or transportation for me. I authorise such actions being taken by the Supplier and agree to meet all costs associated with such action; 

13. I willingly agree to comply with all rules,instructions and directions given by the Supplier. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such hazard to the attention of the Supplier immediately; 

14. My participation in the Lessons is entirely at my own risk, and I agree to the fullest extent permitted by law, on behalf of myself and in respect of any other person, that I:

14.1 release, indemnify and hold the Supplierharmless with respect to any and all Claim, injury, liability, disability, death, or loss or damage to person or property, or any other detriment suffered or incurred; 

14.2 release and forever discharge the Supplierfrom all liability, and from all Claims that I may have or may have had but for this release arising from or in connection with my participation in the Lessons, including as a result of a breach of an express or implied warranty under the Civil Liability Act 2002 (NSW); and 

14.3 indemnify and hold the Supplier harmless to the fullest extent permitted by law in respect of any Claim by any person, including but not limited to other students. 

15. I grant the Supplier the right to photograph and/or record me while at the Lessons, and consent to the use of photographic and/or visual images taken by the Supplier of my participation in the Lessons for the Supplier's promotional activities, including on social media. If I do not consent to this condition, or if at any time I wish to withdraw my consent, I will notify the Supplier in writing; and

16. If any provision of this Release of Liability and Assumption of Risk Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision of this agreement shall not affect the validity and enforceability of the rest of the agreement.

I acknowledge and agree that: 

1. I have read this Release of Liability and Assumption of Risk Agreement;

2. I fully understand its terms; 

3. I understand that I have given up substantial rights by signing it; and

4. I sign it freely and voluntarily without any inducement.