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DECLARATION AND RELEASE OF LIABILITY

 

The activities participated in at Hardcore Blasters are adventurous recreational activities, which include the use of toy gel blasters which fire small water gel balls, and these activities are dangerous and contain obvious risks, including but not limited to:

• I may be injured, physically or mentally, disabled, impaired or killed;

• My personal property may be lost, stolen or damaged;

• Other persons participating in such activity may cause me injury or may damage my property;

• I may cause injury to other persons or damage their property;

• The conditions in which the activities are conducted may vary without warning;

• Equipment may fail;

• I may become dehydrated;

• I may be injured or die or suffer damage to my property as a result of negligence, wilful act or breach of contract of Hardcore Blasters (Tango Kilo Operations Pty Ltd);

• There may be no or inadequate facilities for treatment or transport of my if I am injured;


Assumption of Risk

In consideration of my entry onto the field, I understand that I, and each participant in the activities, will be engaging in activities involving a real and obvious risk of serious injury (including personal injury), disability, impairment or even death from various causes associated with the abovementioned risks. . I voluntarily accept all risks necessarily flowing from my entry onto the field and/or my participation in such activities, which could result in loss of life or injury (including personal injury).


Liability Release, Waiver and Indemnity

I hereby completely and unconditionally release Hardcore Blasters (Tango Kilo Operations Pty Ltd) and all persons or corporations associated directly or indirectly with the conduct of activities, including servants, agents, representatives and/or officers of any of them, from all claims, demands and proceedings, legal or otherwise, made by me or on my behalf, arising out of my participation and hereby indemnify, hold harmless and will not sue them against all liability (including liability for the negligence and/or wilful acts of them of others) for all injury (including personal injury), death, loss or damage arising out of or connected with my entry onto the field and/or participation in the activities. This release and indemnity continue forever, and binds my heirs, executors, personal representatives and assigns.

I hereby waive all and any rights or causes of action which I may otherwise have arising out of any loss of life, injury (including personal injury), damage or loss or any description whatsoever which I may suffer or sustain in the course of, or as a consequence of my entry onto the field and/or participation in activities.


Equipment and Facilities

I agree that I will immediately advise Hardcore Blasters (Tango Kilo Operations Pty Ltd) of any unsafe condition that I have observed. I will refuse to remain on the field and/or participate in the activities until all unsafe condition/s observed by me have been remedied or removed. I acknowledge that reasonable safety precautions will be undertaken by Hardcore Blasters (Tango Kilo Operations Pty ltd) such as a pre-game safety brief, sporadic field supervision and eyewear safety checks, but such are a service to me and other participants and not a guarantee of my safety.


Protective Equipment

As a participant I hereby agree to wear eye protection at all times whilst I am taking part in the activities and/or in an area where signed or as otherwise advised.


Physical Fitness

I certify that I am physically fit to participate in the activities in which I will be participating and have not been advised otherwise by a medical practitioner. I do not have any possibly relevant pre-existing medical or physical conditions which have not been disclosed to Hardcore Blasters (Tango Kilo Operations Pty Ltd) and the activities organisers. I understand that it is a condition of entry onto the field that I have a duty to disclose to Hardcore Blasters (Tango Kilo Operations Pty Ltd) any relevant pre-existing medical or physical conditions and my silence regarding the issue will be relied upon by them as a positive indication that I am physically fit to participate in the activities.


Medical Treatment

I consent to receiving any first aid or medical treatment that Hardcore Blasters (Tango Kilo Operations Pty Ltd) considers reasonably necessary during or after the activities.


Personal Property

I hereby acknowledge that I have the sole responsibility for my personal property.


Name and Likeness Release

I understand that whilst on the field and/or participating in the activities I may be photographed or videoed. I hereby grant permission to Hardcore Blasters (Tango Kilo Operations Pty Ltd) to use my name, image and likeness in direct connection with the activities for promotional broadcasting or reporting purposes in any and all manner and media.


Legally Binding Nature

I acknowledge the terms and conditions of this document are contractual in nature, are intended to have legal effect and are not a mere warning or recital. Before signing this document, I have read and understood and know it affects my legal rights.


Free Will

Hardcore Blasters (Tango Kilo Operations Pty Ltd) is not responsible for my decision to participate in the activities and I was not induced by Hardcore Blasters (Tango Kilo Operations Pty Ltd) to do so. I am signing this Agreement of my own free will.


Ongoing Effect

I understand that this Agreement will continue in operation until such time as Hardcore Blasters (Tango Kilo Operations Pty Ltd) terminate it or the Agreement is terminated by law.


Severability

If any provisions of this Agreement should be judged invalid, unlawful or unenforceable for any reason by a Court of competent jurisdiction, such invalidity or unenforceability or illegality (unless deletion of such provisions or provisions would substantially alter the intentions of the parties, expressed or implied) will not effect the operation, construction or interpretation of any other provisions of this Agreement to the extent that the invalid or unenforceable or illegal provisions will be treated for all purposes severed from this Agreement.


Variation of Agreement

No waiver or modification of or addition to this Agreement of any party or any provisions of this Agreement shall be binding on as Hardcore Blasters (Tango Kilo Operations Pty Ltd) unless in writing and signed by the it.


The failure of either party to take advantage of any default or violation of the covenants or conditions of this Agreement on the part of the other shall not constitute a waiver thereof or relinquishment of the right to require strict performance by the other party.


This Agreement supersedes all prior representation, arrangements, understanding and agreements between as Hardcore Blasters (Tango Kilo Operations Pty Ltd) and I relating to the subject matter hereof and sets forth the entire, complete and exclusive agreement and understanding between us relating to the matters to which this Agreement relates.


Pleading

I agree and acknowledge the terms of this Agreement may be pleaded as an absolute bar and estoppel by as Hardcore Blasters (Tango Kilo Operations Pty Ltd) incidental to any and all claims arising by it, whether under statute, common law or of a contractual nature in relation to the matters covered by this Agreement.


Jurisdiction

This Agreement is governed by the Laws of the State of Queensland. Each party irrevocably submits to the non- exclusive jurisdiction of the State of Queensland.

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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.
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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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