Welcome to the Hangout Margaret River.
Waiver and Release of Liability
[The Hangout Margaret River]
PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.
With all physical activities, there are associated risks.
In consideration of being permitted to enter and participate in activities at The Hangout Magaret River (hereinafter “the Facility”), including but not limited to indoor play areas, bouldering walls, and associated facilities and equipment, I, the undersigned, on behalf of myself, my spouse/partner, my minor child(ren), and my heirs, assigns, and personal representatives, hereby acknowledge, understand, and agree to the following:
1. Acknowledgment of Risks:
I understand and acknowledge that participation in activities at the Facility involves inherent risks, dangers, and hazards, including but not limited to:
Indoor Play Area: Falls, collisions with other participants or equipment, injuries from equipment malfunction, and exposure to germs and illnesses.
Bouldering: Falls from heights, injuries from improper landing, muscle strains, sprains, broken bones, and other physical injuries.
General: Slips, trips, falls on wet or uneven surfaces, and injuries caused by the actions or inactions of other participants.
I further acknowledge that these risks may be caused by my own negligence or the negligence of others, including employees of the Facility, or by the condition of the premises or equipment.
2. Assumption of Risk:
I voluntarily assume all risks, known or unknown, associated with my participation in activities at the Facility. I understand that my participation may result in injury, illness, or even death.
3. Release of Liability:
I hereby release, waive, and discharge The Hangout Magaret River its owners, officers, directors, employees, agents, and volunteers (hereinafter “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained 1 by me, or any of the property belonging to me, whether caused by the negligence of the Released Parties or otherwise, while participating in activities at the Facility.
4. Indemnification:
I agree to indemnify and hold harmless the Released Parties from any and all claims, demands, actions, and causes of action, including attorneys’ fees, arising out of or related to my participation in activities at the Facility, including any claims brought by my minor child(ren).
5. Medical Treatment:
I authorize the Facility to administer or obtain emergency medical treatment for me or my minor child(ren) if deemed necessary. I agree to be responsible for all costs associated with such treatment.
6. Rules and Regulations:
I agree to abide by all rules and regulations posted at the Facility or communicated by staff members. I understand that failure to follow these rules may result in the termination of my participation.
7. Parental/Guardian Consent (for Minors):
I am the parent or legal guardian of the minor child(ren) listed below. I have read and understand this waiver and release of liability, and I consent to their participation in activities at the Facility. I agree to be bound by all terms and conditions of this waiver and release.
8. Severability:
If any provision of this waiver is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
8. Governing Law:
This waiver shall be governed by and construed in accordance with the laws of Western Australia.