DETAILS
Participation in water polo, swim training, fitness training, camps, clinics, tournaments, matches or other activities (Recreational Activities) supplied by KAP7 Australia Pty Limited ACN 628777659 trading as “KAP7” (KAP7) involves significant risks, including the risk of personal injury and death. Particular Risks include but are not limited to:
personal injury and / or death arising from the contact nature of the sport and associated training.
personal injury and / or death arising from the aquatic environment of the sport and associated training.
Participants being minors and not of mature or developed judgement and skill.
Before you participate in the Recreational Activities, you should ensure that you are aware of, and properly understand, all the risks involved in the Recreational Activities, and that those risks will include any particular risks associated with any health condition or pre-existing disability from which you suffer, including conditions for which you are presently taking medication whether by prescription or otherwise.
You will inform KAP7 prior to participation in the Recreational Activities of any condition that will or may affect your ability to participate. Any person suffering from any infectious disease or other medical condition cannot engage in the Recreational Activities. KAP7 may in its absolute discretion refuse to permit any person to participate in the Recreational Activities for any medical condition or perceived medical condition.
By signing this document, you acknowledge, agree and understand that you engage or participate in the Recreational Activities voluntarily and at your own risk in full knowledge of the Risks generally and Particular risks described above.
If signing this document as a parent, guardian or responsible person performing parenting responsibilities, you acknowledge and agree that you have explained to the participant that the Recreational Activities provided by KAP7 may involve risks generally; and the Particular risks described above.
By signing this document, you also acknowledge, agree and understand that the risk warning above constitutes a formal 'risk warning' for the purposes of the relevant legislation, including for the purpose of:
- Section 5M of the Civil Liability Act 2002 (NSW);
- Section 5I of the Civil Liability Act 2002 (WA);
- Section 48 of the Consumer Affairs and Fair Trading Act (NT);
- Section 43 of the Civil Law (Wrongs) Act 2002 (ACT);
- Section 15 - 20 of the Civil Liability Act 2002 (TAS);
- Section 31 - 39 of the Civil Liability Act 1936 (SA);
- Section 50 of the Wrongs Act 1958(VIC); and/or
- Section 13 - 19 of the Civil Liability Act 2003 (QLD).
Section 139A of Competition and Consumer Act, 2010 (Cth) permits KAP7 to ask you to agree that the statutory guarantees under the Australian Consumer Law (Cth) do not apply to you (or a person for whom or on whose behalf you are acquiring the services to engage in the Recreational Activities).
By signing this document, you acknowledge, agree and understand that, to the full extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth)):
Your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue KAP7, its servant and agents, in relation to the Recreational Activities if the Recreational Activities or associated services were not provided to you in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded, restricted or modified as set out below; and
You (or the person for whom or on whose behalf you are acquiring the services) release KAP7, its servant and agents, from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill.
By signing this document, you acknowledge, agree and understand that, to the full extent permitted by law, the liability of KAP7 in relation to recreational services and activities (as that term is defined in the Australian Consumer Law (Cth) and any similar state laws) for any:
- Death;
- physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
- the contraction, aggravation or acceleration of a disease;
- the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
- that is or may be harmful or disadvantageous to you or the community;
- that may result in harm or disadvantage to you or the community; and
- that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities is excluded.
By signing this document, to the full extent permitted by law, you (or the person for whom or on whose behalf you are acquiring the services) agree to waive and/or release KAP7, its servants and agents, from any claim, right or cause of action which you or your heirs, successors, executors, administrators, agents and assigns might otherwise have against KAP7, its servant and agents, for or arising out of your death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever which you may suffer or sustain in the course of or consequential upon or incidental to your participation in the Recreational Activities, whether caused by the negligence of KAP7, its servant and agents, or otherwise.
By signing this document, you acknowledge, agree and understand that:
KAP7 will permit you to participate in the Recreational Activities, and provide you with the associated services, in part in consideration of you signing this document;
KAP7 may rely on this document in any proceedings commenced in any Court by me or by my heirs, executors and assigns;
The laws of New South Wales govern this document.
You do not have to agree to exclude, restrict or modify or waive your rights against, or release, KAP7, its servants and agents, from any claims by signing this document, however KAP7 may refuse to allow you to participate in the Recreational Activities, or to provide you with the associated services, if you do not agree to exclude, restrict, modify or waive your rights against, or release, KAP7, its servants and agents, by signing this document. Even if you sign this document, you may still have further legal rights.
By signing this document, you agree that the waivers and releases contained in this document apply for every visit you make to KAP7 until such time as you withdraw or modify your consent in writing or KAP7 modifies these terms with your consent by signing a new document. You will not be required to sign future waivers on the understanding that this waiver document shall apply to all your future participation in the Recreational Activities.
Unlawful conduct, bullying (including cyber bullying), unsportsmanlike conduct, discriminatory conduct based on actual or perceived race, religion, sexuality or gender or any combination thereof by any person arising out of or in any way in connection with the Recreational Activities, will not be tolerated. KAP7 in its absolute discretion may suspend or cancel participation of any child because of such conduct by that child, by their parent or guardian or any other person associated with the child.
Parents or guardians who engage in unlawful conduct, bullying (including cyber bullying), unsportsmanlike conduct, discriminatory conduct based on actual or perceived race, religion, sexuality or gender or any combination thereof arising out of or in any way in connection with the Recreational Activities will not be permitted to attend sessions or otherwise participate in the Recreational Activities.
Refunds are not issued for non-attendance. However, if your child is unable to attend a scheduled session for good cause, KAP7 in its absolute discretion may permit your child to attend another session in one of KAP7’s other programs.
In the event of extreme weather, extreme heat or for any other good cause requiring postponement of activities, an email will be sent advising notice of the postponement of activities. If activities are to be postponed, KAP7 will give reasonable notice of the alternative arrangements. Refunds will not be issued for non-attendance at the alternative arrangement.
KAP7 may occasionally take photographs (still and moving) of participants for promotional purposes. Consent is hereby given to the taking and publication of those photographs (still and moving) and for promotional purposes. If you do not wish for your child's image to be used for promotional purposes, you must notify KAP7 in writing at the time of registration. However, no warranty or promise is given to exclude any image of your child from promotional material published.
KAP7 may call an ambulance at its absolute discretion, and I will indemnify KAP7 in respect of any Claim for any Loss whatsoever arising therefrom, including any costs incurred by KAP7 in relation thereto. Parents/Guardians will be contacted accordingly in the first instance.
I consent to the administration of first aid by KAP7 and indemnify KAP7 in respect of any claim for any loss whatsoever arising from such first aid.
If upon receipt of this form I or any person on my behalf makes payment of the required fee, I acknowledge that such conduct shall import these terms and conditions into any agreement between KAP7 and me, and these terms and conditions shall govern the participation of my child in the Recreational Activities.
By Clicking 'Submit Registration' you agree to the above terms and conditions