Central Coast Skatepark Series
Terms & Conditions Waiver
PARTIES
​This Waiver is entered into between Central Coast Skate Park Series its successors and assignees (referred to as “we”, “us” or “our”) and you, the Participant taking part in the Activities (referred to as “you”, “your” or the “Participant”), and each a “Party” and collectively “the Parties”. The activities that you will be participating in include skateboarding, scooter riding, BMX riding, rollerskate/inline skating and any other related activities (Activities).
ACCEPTANCE
​YOU ACCEPT THIS WAIVER BY SIGNING THIS WAIVER (INCLUDING ELECTRONICALLY), AGREEING TO PARTICIPATE IN THE ACTIVITIES (INCLUDING BY EMAIL) AND/OR PAYING US ANY PORTION OF THE PRICE FOR PARTICIPATING IN THE ACTIVITIES (IF APPLICABLE).
BY ACCEPTING THIS WAIVER, YOU AGREE THAT YOU HAVE READ THIS WAIVER, AGREE TO BE BOUND BY ITS TERMS, AND THAT YOU ARE 18 YEARS OR OLDER, OR YOU ARE THE PARENT OR LEGAL GUARDIAN OF THE PARTICIPANT WHO IS UNDER 18 YEARS OF AGE AND YOU CONSENT TO THE PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES. YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS WAIVER.
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If you do not agree to this Waiver, you must notify us immediately using the contact information below and refrain from accepting this Waiver or participating (or, in the case of a parent or legal guardian, allowing the Participant from participating) in the Activities.
RISK
I, the undersigned participant or legal guardian (if participant is under 18 years of age), acknowledge that skateboarding, scootering, and other activities at the Central Coast Skatepark Series events involve inherent risks, including but not limited to personal injury, property damage, or loss.
Your participation in the Activities may expose you to the risk of physical harm, personal injury and/or loss or damage to your property. You acknowledge and agree that the Activities are, by their nature, inherently risky. The risk of physical harm, personal injury and/or loss or damage to your property may arise from, but is not limited to:
• third party participants and other members of the public;
• your physical fitness level, tiredness and overexertion;
• physical features of the locations where the Activities are carried out (including uneven pavements, jumps and obstacles, rain, wind and other adverse weather conditions);
• accidents with vehicles, third party participants, pedestrians and other members of the public;
• equipment supplied by us to carry out the Activities; and
• any failure by you to comply with our instructions.
You acknowledge and agree that physical harm, personal injury and/or loss or damage to your property may arise from you or another party’s acts, omissions or negligence.
YOU VOLUNTARILY AGREE TO PARTICIPATE IN THESE ACTIVITIES AND UNDERSTAND AND VOLUNTARILY ACCEPT ANY RISK THAT MAY ARISE FROM YOUR PARTICIPATION IN THE ACTIVITIES.
Medical Consent
If injury should occur, I authorise the Central Coast Skatepark Series organisers to administer first aid or seek medical treatment if necessary. I agree to be responsible for any medical expenses incurred as a result of my participation.
Release of Liability
I hereby release and hold harmless the Central Coast Skatepark Series, its sponsors, event organizers, volunteers, coaches, and any other associated parties from any and all claims, liabilities, or damages arising from my participation, except where caused by negligence.
CODE OF CONDUCT
I agree to follow all rules and guidelines provided by event staff, including skatepark etiquette, safety protocols, and respectful behaviour towards other participants and staff. Failure to comply may result in disqualification or removal from the event.
It is your obligation, prior to participating in the Activities, to partake in a demonstration, where we will discuss the Activities and our code of conduct below. You agree to comply with our code of conduct at all times while participating in the Activities, in particular you agree:
(a) to, prior to participation in the Activities, disclose any medical or health conditions that may impact or impair your ability to participate in the Activities, to us;
(b) not to be under the influence of alcohol or prohibited drugs;
(c) not to engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you or any third party (including any other participant);
(d) to remain within the designated boundaries for the Activities (if applicable);
(e) to wear any safety gear or equipment that we reasonably require (including but not limited to a helmet, pads and guards and enclosed shoes);
(f) to not have any personal property on your person when participating in the Activities (including but not limited to mobile phones and cameras);
(g) to inspect the location where the Activities are being carried out and notify us immediately if you observe any conditions that you consider to be unsafe;
(h) to notify us immediately if you are harmed or injured, or observe any third party being harmed or injured; and
(i) to comply with all of our instructions and directions.
Any failure to comply with our code of conduct and any other safety rules that we may notify you of, from time to time, or this Waiver will allow us to refuse your participation in the Activities or require you to stop participating in the Activities immediately.
RELEASE AND INDEMNITY
DESPITE ANY PROVISION TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU:
(A) UNDERSTAND AND VOLUNTARILY ACCEPT ALL RISKS ASSOCIATED WITH THE ACTIVITIES (INCLUDING BUT NOT LIMITED TO THOSE RISKS \ EXPRESSLY SET OUT IN THIS WAIVER); AND
(B) HEREBY INDEMNIFY, FOREVER DISCHARGE AND VOLUNTARILY RELEASE US (AND OUR CONTRACTORS, AGENTS AND EMPLOYEES) AND ANY PERSON DIRECTLY OR INDIRECTLY ASSOCIATED WITH US, AGAINST ANY AND ALL LOSS, COST, DAMAGE, EXPENSE, LIABILITY (INCLUDING LIABILITY FOR NEGLIGENCE AND THE NEGLIGENCE OF OTHERS) CLAIMS, DEMANDS AND PROCEEDINGS OF ANY KIND, ARISING FROM OR CONNECTED WITH THIS WAIVER, YOUR PARTICIPATION IN THE ACTIVITIES OR ATTENDANCE AT THE LOCATION WHERE THE ACTIVITIES ARE BEING CARRIED OUT, WHETHER THOSE CLAIMS WERE KNOWN, OR CAPABLE OF BEING KNOWN, AT THE DATE OF THIS WAIVER.
This release and indemnity will survive termination of this Waiver.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW (NSW), CIVIL LIABILITY ACT 2002 (NSW)
By accepting this Waiver, you agree that you have read the risk warning, and you are aware that the Activities may be a recreational activity and can be inherently dangerous. You accept that there is a degree of risk and you acknowledge that by participating in the Activities you do so at your own risk.
You agree to release us and any affiliates and any parties associated with organising and delivering the Activities from any responsibility or legal liability for death or personal injury associated with your attendance at the location where the Activities are being carried out and participation in the Activities. This release does not apply to significant personal injury caused by reckless conduct by us.
WARRANTIES
You represent and warrant that:
(a) there are no legal restrictions preventing you from agreeing to this Waiver;
(b) the information you provide to us is true, correct and complete;
(c) you have no physical or medical conditions that prevent you from participating in the Activities or if you have any physical or medical conditions, you have received consent from a medical professional to participate in the Activities;
(d) you have the required physical health and fitness needed to participate in the Activities; and
(e) you are 18 years of age or over or you have obtained the consent of your parent or legal guardian and they have accepted this Waiver, in accordance with its terms.
You acknowledge and agree that, to the maximum extent permitted by law, we exclude all express and implied warranties, and all material, work, goods, services and equipment (including the Activities) are provided to you without warranties of any kind, either express or implied, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Protective equipment
A helmets must be worn while participating in all Central Coast Skatepark Series activities no matter the age of the participant. The use of protective knee, elbow, wrist equipment is recommended.
Photography and Media Release
I consent to the use of photos, videos, or other media taken during the event for promotional or educational purposes by the Central Coast Skatepark Series or its partners, without expectation of compensation.
CHILDREN
This clause applies if a parent or legal guardian is signing this Waiver on behalf of a Participant. In consideration of us allowing the Participant to enter the Activities and despite any provision to the contrary, to the maximum extent permitted by law, you hereby indemnify and will keep indemnified, us, any of our affiliates and any parties associated with organising and delivering the Activities against all loss, cost, damage, expense, liability (including liability for negligence and the
negligence of others) claims, demands and proceedings of any kind, arising from or in relation to the Participant’s presence at or participation in the Activities.
GENERAL CLAUSES
Agreement: This Waiver and any terms and conditions that we may provide to you form the entire agreement between the Parties in relation to the Activities. You acknowledge and agree that the Parties entering in this Waiver in consideration of you paying us the price for participating in the Activities and/or participating in the Activities (where no price is payable by you).
Governing law: This Waiver will be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.
Publicity: You agree that we may advertise or publicise the broad nature of our provision of the Activities to you, including on our website or in our promotional material. We may take photos, films, videos or audio recordings of you during the Activities and we and others involved in carrying out the Activities may display these on our respective websites, promotional material and other platforms. By accepting this Agreement, you agree to allow your image or recording to be used by us and others involved in carrying out the Activities for the purposes of displaying them on our respective website promotional material and other platforms, and you assign your rights in any of these materials to us.
Severability: If any part of this Waiver is found to be invalid or of no force or effect under any applicable laws, this Waiver will be construed as though such part had not been inserted herein and the remainder of this Waiver will retain its full force and effect.
Waiver: No waiver by either Party of any provision of this Waiver will amount to a waiver of any other provision of this Waiver unless made in writing and signed by the Party against whom the waiver would have been enforced.