Liability Exclusions. I acknowledge and agree that the TM Event constitutes a recreational service within the meaning of section 139A of the Competition and Consumer Act 2010 (Cth) and section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) as the TM Event is (i) a sporting event or similar leisure time pursuit; and/or (ii) other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purpose of recreation, enjoyment or leisure. Provisions of the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law and Fair Trading Act 2012 (Vic) imply certain guarantees into contracts for the supply of certain goods and services, such as warranties that services will be rendered with due care and skill and that goods supplied will be reasonably fit for purpose. By signing this agreement I agree that: • the application of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law are excluded; • all rights under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law are excluded; and • all liability of the Released Parties for a failure to comply with a guarantee under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law is excluded, in relation to the supply of recreational services under this agreement and to the extent any liability is in respect of: • death; • physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); • the contraction, aggravation or acceleration of a disease; or • the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs in relation to an individual: (i) that is or may be harmful or disadvantageous to an individual or the community; or (ii) that may result in harm or disadvantage to an individual or the community. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIRTRADING ACT 2012 (VIC): 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 (Vic), 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 (Vic) 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.
Appears in 2 contracts
Samples: toughmudder.com.au, toughmudder.com.au
Liability Exclusions. I acknowledge and agree that the TM Event constitutes a recreational service within the meaning of section 139A of the Competition and Consumer Act 2010 (Cth) and section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) as the TM Event is (i) a sporting event or similar leisure time pursuit; and/or (ii) other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purpose of recreation, enjoyment or leisure. Provisions of the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law and Fair Trading Act 2012 (Vic) imply certain guarantees into contracts for the supply of certain goods and services, such as warranties that services will be rendered with due care and skill and that goods supplied will be reasonably fit for purpose. By signing this agreement I agree that: • the application of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law are excluded; • all rights under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law are excluded; and • all liability of the Released Parties for a failure to comply with a guarantee under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law is excluded, in relation to the supply of recreational services under this agreement and to the extent any liability is in respect of: • death; • physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); • the contraction, aggravation or acceleration of a disease; or • the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviorbehaviour, course of conduct or state of affairs in relation to an individual: (i) that is or may be harmful or disadvantageous to an individual or the community; or (ii) that may result in harm or disadvantage to an individual or the community. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIRTRADING ACT 2012 I further acknowledge and agree that the TM Event is a dangerous recreational activity for the purposes of the Civil Liability Act 2003 (VIC): Under Qld) which contains obvious risk as defined in the Australian Consumer Law Civil Liability Act 2003 (VictoriaQld), several statutory guarantees apply that I have voluntarily assumed the risk of injury, death, loss, harm or damage to me from such obvious risks. I acknowledge and agree that IMG, TM Aus and the other Released Parties are not liable for any injury, death, loss, harm or damage to me arising from the materialization of an obvious risk from the dangerous recreational activity. I acknowledge that pursuant to the supply Civil Liability Act 2003 (Qld), IMG, TM Aus and the other Released Parties are not obliged to warn me of certain goods an obvious risk from the TM Event and services. These guarantees mean that the supplier named on obligation is upon me to request advice or information in respect of any obvious risk. Acknowledgment of Understanding: I have read this form is required Assumption of Risk, Waiver of Liability, Indemnification Agreement, and the Liability Exclusions and fully understand its terms. I am 18 years or over and I understand that I (and/or my participating minor child/xxxx) am/are giving up substantial rights, including my/our right to ensure sue. I further acknowledge that I (and/or my participating minor child/xxxx) am/are signing the recreational services it supplies agreement freely and voluntarily, and intend my signature to you: • are rendered with be a complete and unconditionally release of all liability due care to ORDINARY NEGLIGENCE of IMG (and skill; and • are reasonably fit for any purpose which youother Released Parties) or the INHERENT RISKS of the activity, either expressly or by implication, make known to the supplier; and • might reasonably be expected to achieve any result you have made known to greatest extent allowed by the supplier. Under section 22 laws in force of the Australian Consumer Law and Fair Trading Act 2012 (Vic), Commonwealth of Australia or of any State or Territory of the supplier Commonwealth of Australia in which the TM Event 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 (Vic) 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 formheld.
Appears in 1 contract
Samples: toughmudder.com.au
Liability Exclusions. I acknowledge and agree that the TM Event constitutes a recreational service within the meaning of section 139A of the Competition and Consumer Act 2010 (Cth) and section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) as the TM Event is (i) a sporting event or similar leisure time pursuit; and/or (ii) other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purpose of recreation, enjoyment or leisure. Provisions of the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law and Fair Trading Act 2012 (Vic) imply certain guarantees into contracts for the supply of certain goods and services, such as warranties that services will be rendered with due care and skill and that goods supplied will be reasonably fit for purpose. By signing this agreement I agree that: • the application of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law are excluded; • all rights under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law are excluded; and • all liability of the Released Parties for a failure to comply with a guarantee under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law is excluded, in relation to the supply of recreational services under this agreement and to the extent any liability is in respect of: • death; • physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); • the contraction, aggravation or acceleration of a disease; or • the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviorbehaviour, course of conduct or state of affairs in relation to an individual: (i) that is or may be harmful or disadvantageous to an individual or the community; or (ii) that may result in harm or disadvantage to an individual or the community. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIRTRADING ACT 2012 (VIC): 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 (Vic), 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 (Vic) 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.
Appears in 1 contract
Samples: toughmudder.com.au
Liability Exclusions. I acknowledge and agree that the TM Event constitutes a recreational service within the meaning of section 139A of the Competition and Consumer Act 2010 Xxx 0000 (Cth) and section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) as the TM Event is (i) a sporting event or similar leisure time pursuit; and/or (ii) other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purpose of recreation, enjoyment or leisure. Provisions of the Competition and Consumer Act 2010 Xxx 0000 (Cth) and Australian Consumer Law and Fair Trading Act 2012 (Vic) imply certain guarantees into contracts for the supply of certain goods and services, such as warranties that services will be rendered with due care and skill and that goods supplied will be reasonably fit for purpose. By signing this agreement I agree that: • the application of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law are excluded; • all rights under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law are excluded; and • all liability of the Released Parties for a failure to comply with a guarantee under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law is excluded, in relation to the supply of recreational services under this agreement and to the extent any liability is in respect of: • death; • physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); • the contraction, aggravation or acceleration of a disease; or • the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs in relation to an individual: (i) that is or may be harmful or disadvantageous to an individual or the community; or (ii) that may result in harm or disadvantage to an individual or the community. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIRTRADING ACT 2012 I further acknowledge and agree that the TM Event is a dangerous recreational activity for the purposes of the Civil Liability Act 2003 (VIC): Under Qld) which contains obvious risk as defined in the Australian Consumer Law Civil Liability Act 2003 (VictoriaQld), several statutory guarantees apply that I have voluntarily assumed the risk of injury, death, loss, harm or damage to me from such obvious risks. I acknowledge and agree that IMG, TM Aus and the other Released Parties are not liable for any injury, death, loss, harm or damage to me arising from the materialization of an obvious risk from my exposure to the supply dangerous recreational activity. I acknowledge that pursuant to the Civil Liability Act 2003 (Qld), IMG, TM Aus and the other Released Parties are not obliged to warn me of certain goods an obvious risk from the TM Event and services. These guarantees mean that the supplier named on obligation is upon me to request advice or information in respect of any obvious risk. Acknowledgment of Understanding: I have read this form is required Assumption of Risk, Waiver of Liability, Indemnification Agreement, and the Liability Exclusions and fully understand its terms. I am 18 years or over and I understand that I (and/or my attending minor child/xxxx) am/are giving up substantial rights, including my/our right to ensure xxx. I further acknowledge that I (and/or my attending minor child/xxxx) am/are signing the recreational services it supplies agreement freely and voluntarily, and intend my signature to you: • are rendered with be a complete and unconditionally release of all liability due care to ORDINARY NEGLIGENCE of IMG (and skill; and • are reasonably fit for any purpose which youother Released Parties) or the INHERENT RISKS of the activity, either expressly or by implication, make known to the supplier; and • might reasonably be expected to achieve any result you have made known to greatest extent allowed by the supplier. Under section 22 laws in force of the Australian Consumer Law and Fair Trading Act 2012 (Vic), Commonwealth of Australia or of any State or Territory of the supplier Commonwealth of Australia in which the TM Event is entitled to ask you to agree that these statutory guarantees do not apply to youheld. 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 (Vic) 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._
Appears in 1 contract
Samples: toughmudder.com.au
Liability Exclusions. TM Events held in Victoria: I acknowledge and agree that the TM Event constitutes a recreational service within the meaning of section 139A of the Competition and Consumer Act 2010 (Cth) and section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) as the TM Event is (i) a sporting event or similar leisure time pursuit; and/or (ii) other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purpose of recreation, enjoyment or leisure. Provisions of the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law and Fair Trading Act 2012 (Vic) imply certain guarantees into contracts for the supply of certain goods and services, such as warranties that services will be rendered with due care and skill and that goods supplied will be reasonably fit for purpose. By signing this agreement I agree that: • the application of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law are excluded; • all rights under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law are excluded; and • all liability of the Released Parties for a failure to comply with a guarantee under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law is excluded, in relation to the supply of recreational services under this agreement and to the extent any liability is in respect of: • death; • physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); • the contraction, aggravation or acceleration of a disease; or • the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs in relation to an individual: (i) that is or may be harmful or disadvantageous to an individual or the community; or (ii) that may result in harm or disadvantage to an individual or the community. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIRTRADING ACT 2012 (VIC): 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 (Vic), 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 (Vic) 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.;
Appears in 1 contract
Samples: toughmudder.com.au
Liability Exclusions. TM Events held in New South Wales: I acknowledge and agree that the TM Event constitutes a recreational service within the meaning of section 139A of the Competition and Consumer Act 2010 (Cth) and section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) as the TM Event is (i) a sporting event or similar leisure time pursuit; and/or (ii) other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purpose of recreation, enjoyment or leisure. Provisions of the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law and Fair Trading Act 2012 (Vic) imply certain guarantees into contracts for the supply of certain goods and services, such as warranties that services will be rendered with due care and skill and that goods supplied will be reasonably fit for purpose. By signing this agreement I agree that: • the application of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law are excluded; • all rights under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law are excluded; and • all liability of the Released Parties for a failure to comply with a guarantee under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law is excluded, in relation to the supply of recreational services under this agreement and to the extent any liability is in respect of: • death; • physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); • the contraction, aggravation or acceleration of a disease; or • the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviorbehaviour, course of conduct or state of affairs in relation to an individual: (i) that is or may be harmful or disadvantageous to an individual or the community; or (ii) that may result in harm or disadvantage to an individual or the community. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIRTRADING ACT 2012 I further acknowledge and agree that the TM Event is a dangerous recreational activity for the purposes of the Civil Liability Act 2002 (VIC): Under NSW) which contains obvious risk as defined in the Australian Consumer Law Civil Liability Act 2002 (VictoriaNSW), several statutory guarantees apply that I have voluntarily assumed the risk of injury, death, loss, harm or damage to me from such obvious risks. I acknowledge and agree that IMG, TM Aus and the other Released Parties are not liable for any injury, death, loss, harm or damage to me arising from the materialisation of an obvious risk from the dangerous recreational activity. I acknowledge that pursuant to the supply Civil Liability Act 2002 (NSW), IMG, TM Aus and the other Released Parties are not obliged to warn me of certain goods an obvious risk from the TM Event and services. These guarantees mean that the supplier named on obligation is upon me to request advice or information in respect of any obvious risk. Acknowledgment of Understanding: I have read this form is required Assumption of Risk, Waiver of Liability, Indemnification Agreement, and the Liability Exclusions and fully understand its terms. I am 18 years or over and I understand that I (and/or my participating minor child/xxxx) am/are giving up substantial rights, including my/our right to ensure sue. I further acknowledge that I (and/or my participating minor child/xxxx) am/are signing the recreational services it supplies agreement freely and voluntarily, and intend my signature to you: • are rendered with be a complete and unconditionally release of all liability due care to ORDINARY NEGLIGENCE of IMG (and skill; and • are reasonably fit for any purpose which youother Released Parties) or the INHERENT RISKS of the activity, either expressly or by implication, make known to the supplier; and • might reasonably be expected to achieve any result you have made known to greatest extent allowed by the supplier. Under section 22 laws in force of the Australian Consumer Law and Fair Trading Act 2012 (Vic), Commonwealth of Australia or of any State or Territory of the supplier Commonwealth of Australia in which the TM Event is entitled to ask you to agree that these statutory guarantees do not apply to youheld. 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 (Vic) 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._
Appears in 1 contract
Samples: toughmudder.com.au
