In consideration of participating in the SPORT OF GEL BALLat Beenleigh Historical Village, 205 Main Street, Beenleigh, QLD 4207 and at South Coast Restoration Society, 193 Rifle Range Road, Pimpama, QLD 4209, or any other authorised venue as dictated by Nuketown GC. I represent, that I understand the nature of the Activity and that I am in good health, and in proper physical condition to participate in such Activity. I acknowledge that if I believe event conditions are unsafe, I will immediately discontinue participating in the activity. I fully understand that this Activity involves risks of serious bodily injury, Including permanent disability, paralysis and death, which may be caused by my own actions, or inactions, of others participating in the event, the conditions in which the event takes place, or the negligence of the “releases” named below; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, costs and damages I incur as a result of my participation in the Activity. I hereby release, discharge, and covenant not to undertake legal proceedings against Prophesy Pty Ltd t/as Nuketown GC, Beenleigh Historical Village, South Coast Restoration Society or any other businesses, locations as specified as an event, its respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the “RELEASES” herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence or the “Releases” or otherwise, including negligent rescue operations; and I further agree that if, despite the release, waiver of liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the Releases, I will indemnify, save and hold harmless each of the releases from any loss, liability, damage, or cost which any may incur as the result of such claim. 1. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Nuketown GC employees or representatives. 2. I recognise that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members and/or persons under my care and custody, and further release and discharge Nuketown GC for injury, loss or damage arising out of my or my family and/or persons under my care and custody use of or presence upon the facilities of Nuketown GC, whether caused by the fault of myself, my family and/or persons under my care and custody, Nuketown GC or other third parties. 3. I agree to indemnify and defend Nuketown GC against all claims, causes of action, damages, judgments, costs or expenses, including legal fees and other litigation costs, which may in any way arise from my or my family's and/or persons under my care and custody use of or presence upon the Nuketown GC facilities. 4. I agree to pay for all damages to the facilities of Nuketown GC caused by my or my family and/or persons under my care and custody due to negligent, reckless, or wilful actions. 5. I confirm that I and/or persons under my care and custody are not under the influence of drugs or alcohol. 6. Any legal claim that may arise from participation in the above shall be resolved under Queensland law. 7. I agree that Nuketown GC, or the employees, representatives or agents of Nuketown GC, has the right to any video, photographic or sound footage of me during the Nuketown GC games participation. Nuketown GC warrants that these will be used for monitoring and assisting participants during game time and may be used for any marketing purposes without my consent. 8. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Nuketown GC has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement. 9. I acknowledge that participating in an Gelball Skirmish can or could result in injuries to the participant. I acknowledge that the facilities may have smoke, low lighting, lighting effects, sound effects, moving objects or frightening effects. By executing my signature to this release, I hereby release, waive, discharge and covenant not to sue Nuketown GC, its officers, members, promoters, owners, employees, contractors or business partners from all liability, injuries, or any and all other claims and damages as a result of participating in an event sponsored by Nuketown GC. 10. Furthermore, I, on behalf of my personal representatives, assigns, heirs, and next of kin, my family's and/or persons under my care and custody hereby release any and all claims, damages, injuries, incurred by myself my family and/or persons under my care and custody regarding the participation in such events, agree to hereby release all claims, of whatever kind of nature, present and future, damages and injuries. I assume full responsibility for and risk of bodily injury, death or property damage due to negligence or non-negligence of Nuketown GC, its, owners, employees, and contractors in the Nuketown GC facility or any events organized by Nuketown GC. 11. I and/or persons under my care and custody, further acknowledge that I am voluntarily participating despite the inherent risks and hazards associated with participating in Gelball games, and the condition of the field. 12. I, and/or persons under my care and custody, in consideration of being permitted to participate in the Nuketown GC games, acknowledge the risks and hazards involved in and arising from the attending, participating in any event at Nuketown GC and do for myself, my heirs, executors, administrators, and assigns, and/or persons under my care and custody, release and forever discharge Nuketown GC, their employees, contractors and volunteers, of and from any and every claim, demand, action or right of action, of whatsoever kind or nature, either in law or in equity arising from or by reason of any bodily injury or personal injuries known or unknown, death and / or property damage resulting or to result from any accident which may occur as a result of participation in Nuketown GC games or any activities in connection with Nuketown GC whether by negligence or non-negligence or from any and all other incidents of harm and /or ill-will. Your information: Darren Cooper Email: darren.m.cooper@me.com Signature: Date signed: 20/01/2026 Signee Information Darren Cooper I have read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement and assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to by valid the balance, notwithstanding, shall continue in full force and effect. I agree to the terms and conditions of this waiver and understand that I am fully aware of the implication contained herein.
|