Tennis, sporting and lifestyle activities and any future activities conducted by the Organiser.
City Community Tennis Pty Limited (ACN 600 602 364) and its employees, agents, volunteers and contractors, together with local government and all public bodies, landholders, sponsors and suppliers in any way involved in the organisation or conduct of the Activities.
Alexandria Park tennis courts, Beaconsfield Park tennis courts, St James Park tennis courts, Prince Alfred Park tennis courts, Turruwul Park tennis courts and the Coronation Centre Prince Alfred Park.
When playing or participating in activities at City Community Tennis, you are agreeing that you are participating at your own risk and subject to the terms of this Waiver and Risk Warning (Waiver). You declare that:
For the purpose of the Civil Liability Act 2002 (NSW) and section 139 of the Competition and Consumer Act 2010 (Cth), you acknowledge that the Activities are ‘recreation services’ and are dangerous and that there is a significant and obvious risk to your health and safety in participating in the Activities. The potential risks include, but are not limited to:
You acknowledge, agree, and understand that the risk warning in the preceding paragraph constitutes a 'risk warning' for the purposes of relevant legislation, including for the purpose of Section 5M of the Civil Liability Act 2002 (NSW). You acknowledge that the Organiser’s liability arising from the Activities is excluded or reduced in so far as is possible as a result of the risk warning.
By signing this Waiver, I acknowledge, agree and understand that, to the full extent permitted by law (including by section 5N of the Civil Liability Act 2002 (NSW) and section 139A of the Competition and Consumer Act 2010 (Cth)):
in so far as the Activities result in your death or injury, but not including significant personal injury caused or contributed to by the Organiser.
In addition to any other releases, exclusions and warranties in this Waiver, to the full extent permitted by law, you (including your heirs, successors, executors, administrators, agents and assigns) agree to waive, release and indemnify the Organiser in respect of any losses, damages, claims, injuries, liabilities, costs, charges or expenses whatsoever in connection, directly or indirectly, with your participation in the Activities, including without limitation those arising under statute, tort, contract, common law or equity (including for the Organiser’s negligence).
You acknowledge that you do not have to agree to exclude, restrict or modify or waive my rights against, or release, the Organiser, however the Organiser may refuse to allow you to participate in the Activities.
Where this Waiver is signed by the Parent/ Guardian/ Supervisor of the Participant, the Parent/ Guardian/ Supervisor consents to the minor’s participation in the Activities and provides the acknowledgements and indemnities in this Waiver in its own right and on the Participant’s behalf. The Parent/ Guardian/ Supervisor must be present and supervise the Participant during the Activities.
If anything in this Waiver is unenforceable, illegal or void then it is severed and the rest of this Waiver remains in force. The terms of this Waiver are governed by the laws of New South Wales.