WAIVER AND RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISKS
Please read this information carefully and be aware that in signing up and participating in this sport, you will be expressively assuming the risk and legal liability and waiving and releasing all claims for injuries, damages or loss which you might sustain as a result of participating in any and all activities connected with this sport.
I hereby apply to participate in the Sporting Activities with the Club in the Sport.
In consideration of the acceptance of my registration for participation being accepted I acknowledge and agree that:
- In this Waiver and Release:
- If my application for registration is accepted, I acknowledge that I will be bound by and agree to comply with all rules applying to the Sporting Activities and the Official League Rules (published on the Club’s website and as amended from time to time), policies and directions of the Club. I accept that this form may be stored for up to five (5) years and beyond by the Club. I will comply with all directions given by the Club.
- Warning: The Sporting Activities are inherently dangerous. I acknowledge that I am exposed to certain risks during Sporting Activities and that accidents may happen which may result in injury, illness or death, or my property being damaged. I understand that such risks include, without limitation, injury, death or illness arising from contact with participants, spectators, equipment or obstacles or trips or falls. I understand that the Sporting Activities are conducted on fields and other surfaces, with natural or man-made obstacles, and in weather and visibility, of variable and unpredictable condition, which can change without notice, and which can affect the safety of the Sporting Activities. I have read and understood this warning and voluntarily accept and assume the inherent risks in participating in the Sporting Activities.
- Exclusion of Implied Terms: I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of services may be excluded. I acknowledge that these implied terms and rights and any liability of the Club flowing from them, are expressly excluded to the extent possible by law, by this application and declaration. To the extent of any liability arising, the liability of the Club will, at the discretion of the Club, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the resupply of the services or payment of the cost of having the services supplied again.
- Release and Indemnity: In consideration of the Club accepting my application for participation I, to the extent permitted by law:
- release and will release the Club from all Claims that I may have or may have had but for this release arising from or in connection with my participation in any Sporting Activities; and
- indemnity, and will keep indemnified, the Club in respect of any Claim by any person arising as a result of or in connection with my participation in any Sporting Activities.
- Fitness to Participate: I declare that I am medically and physically fit and able to participate in the Sporting Activities. I will immediately notify the Club in writing of any change to my medical condition, fitness or ability to participate. I understand and accept that the Club will continue to rely upon this document as evidence of my fitness and ability to participate.
- Medical Treatment: I consent to receiving any medical treatment that the Club reasonably considers necessary or desirable for me during my participation in Sporting Activities. I also agree to reimburse the Club for any costs or expenses incurred in providing me with medical treatment.
- Privacy: I understand that the personal information I have provided in this form is necessary for the objects of the Club. I acknowledge and agree that the personal information will be disclosed by the Club only to pursue its objects and general business. I understand that I will be able to access the personal information on request. If the personal information is not provided by me, my participation application may be rejected.
- Severance: If any provision of this application and declaration is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable. If the phrase or clause cannot be so read down it will be severed to the extent of the invalidity or unenforceability. Such severance does not affect the remaining provisions of this application and declaration or affect the validity or enforceability of it in any other jurisdiction.
- I have provided the information required and signed this application and declaration. I warrant that all information provided is true and correct. I acknowledge this application and declaration cannot be amended. If I do amend it, my application will be null and void and it will not be accepted by the Club.
- IMPORTANT NOTICE TO PLAYERS AND OFFICIALS REGARDING INSURANCE. Emerald City Kickball takes many steps to ensure player safety takes priority to the best of our abilities. While we've explored various insurance options, no insurer has been able to offer us any policy that provides meaningful coverage as we are not affiliated with any national peak body for kickball (none exists in Australia). It's the curse of being the first. We want to be clear upfront that the association’s insurance arrangements do not include any policy providing personal sports injury coverage for players and officials. Emerald City Kickball encourages all players and officials to assess their individual needs and consider what insurances they should obtain. There are risks to participating in kickball. While safety has always been a priority, players and officials participate at their own risk.
By agreeing to these terms, I declare that I am medically fit to undertake Sporting Activities with the sport.
I agree to accept and be bound by and agree to comply with the rules applying to the Sporting Activities and the Official League Rules, policies and directions of the Club.