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Women Want Adventure Pty Ltd.
APPLICANT'S ACKNOWLEDGEMENT OF NOTICE OF RISK INCLUDING WAIVER, RELEASE & INDEMNITY CONCERNING DANGEROUS RECREATIONAL ACTIVITIES.
This is a legal document that affects your rights. Please read the entire document carefully.
In consideration of the services of Women Want Adventure Pty Ltd, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “WWA”), I hereby agree to release, indemnify, and discharge WWA, on behalf of myself as follows;
RISKS OF ACTIVITY
a) The Activity undertaken entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
b) The Activity may be physically demanding.
c) The Activity may involve exposure to the natural elements and extreme weather and other circumstances or take pace in remote, harsh & unpredictable environments over which WWA has no control:
d) Risks arising from walking, snowboarding, skiing, climbing and hiking in the natural environment on uneven bush tracks, paths, water, cliffs, and rock formations and stairs, and/or along beaches and headlands, carrying a backpack, in day and night and all weather conditions, except electrical storms inherent risks from various causes including but not limited to walking or running on uneven, steep or rocky surfaces, and by torch light in the open natural environment and under prevailing weather conditions.
As a condition of participation in the Activity you acknowledge that:
1. You are the participant being supplied with a recreational service by WWA.
2. The Activity is a dangerous recreational activity, which involves a significant risk of physical harm.
3. You may be injured in performing the Activity.
4. You must follow the instructions and directions given by WWA Leader, guides or employees and comply with all rules and directions made or given by WWA in connection with the Activity.
6. Your personal property may be lost, damaged or destroyed in performing the Activity.
7. Other people may cause you injury or may damage your property in the course of performing the Activity.
8. You may cause injury to other persons or damage their property in performing the Activity.
9. The natural conditions in which the Activity is conducted may vary without warning.
10. You are physically fit and prepared for the Activity, and a medical professional has not advised you otherwise.
11. Although there are the significant risks of physical harm and injury inherent and obvious in the Activity, some of which are noted in this Notice, you agree to participate in the Activity at your own risk.
12. You agree to report all accidents, injuries or loss or damage sustained by you to WWA before you leave the site where the Activity is performed.
13. You expressly agree and promise to accept and assume all of the risks existing in this Activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
14. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless WWA from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of WWA’s equipment or facilities, including any such claims that allege negligent acts or omissions of WWA.
15. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in a trip. I agree to bear the costs of such injury or damage. I further certify that I have no medical or physical conditions that would interfere with my safety in this activity. I am willing to assume, and bear the costs of, all risks that may be created, directly or indirectly, by any such condition.
16. I agree to release and hold harmless WWA its Leaders, employees and agents from and against any liability arising out of any injury, loss, damage or death caused to you or your property or any other person arising from or in connection with your participation in the Activity whether such injury, loss, damage or death was caused directly or indirectly by negligence, breach of contract or any way whatsoever other than where the injury, loss, damage or death was caused solely by the negligence of WWA, its Leaders, employees or agents.
17. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against WWA on the basis of any claim from which I have released them herein. Unless not able to be excluded, all laws which impose duties on WWA are excluded from this agreement with you.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.