Waiver & Limitation of Liability
The participant acknowledges and agrees that the activity organised or conducted by Tactical Abseil Group Pty Ltd (ABN 59 169 584 525) (“Rap Jumping” or “supplier”) is in the nature of an “extreme sport” and as such, has inherent dangers and risks, including risk of injury or death to the participant.
The participant further acknowledges and agrees that due to the nature of the activity, it would be unreasonable for Rap Jumping to be in any way responsible for any injury to or death of the participant and the participant hereby, to the full extent permitted by law, waives all of his or her legal rights of action against and fully releases Rap Jumping for loss, damages, injury or death howsoever arising out of or in relation to the participation by the participant in the activities conducted or organised by Rap Jumping including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of Rap Jumping, its office bearers, directors, employees or agents.
The participant further acknowledges and agrees that he or she has undertaken the activity freely, voluntarily and absolutely at his or her own risk and with a full appreciation of the nature and extent of all risks involved in the activity. This waiver shall bind the participant and his or her executors.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-
- are rendered with due care and skill; and
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
I hereby authorise you to record my name, voice, likeness and performance and use this recording online as part of the Tactical Abseil Group (Rap Jumping) experience including online TV shows, business profile videos, mobile app videos, social media and other Tactical Abseil Group (Rap Jumping) projects or promotions in perpetuity throughout the world with no claim to rights to such material to be made by me or my representatives.
All participants on the day will be required to sign and complete this waiver on the day. All minors (Under 18 Years Old) MUST have a parent / guardian with them on the day to complete this document. Rap Jumping staff will not accept any external copy(s) brought to our locations. Modification to this document is strictly prohibited unless with the authorisation of Managment, our Legal Team and Insurance Provider / Underwriter. This is an uncontrolled document when printed.
Last Updated: 01/02/2016