Release and waiver – Plane Pull Fundraiser for Royal Flying Doctor Service (Queensland Section)
(Plane Pull Competition Participants)
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1. In this Release and Waiver:
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‘Activities’ means the Plane Pull Competition and includes all matters incidental to the Plane Pull Competition such as transport to and from the Plane Pull Competition, all matters preparatory to participating in the Plane Pull Competition, including the giving of instructions and training about the conduct of and risks associated with the Plane Pull Competition and the use of any equipment while participating in the Plane Pull Competition and all matters associated with the performance of, participation in, or spectating at, the Plane Pull Competition, and the provision of medical assistance or treatment associated with the Activities.
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‘Organiser’ means Royal Flying Doctor Service (Queensland Section) (ABN 80 009 663 478) and its employees, agents, volunteers and contractors and all other parties in any way involved in the organisation and conduct of the Activities.
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‘Participant’ means the person signing this form including their heirs, next of kin, representatives, successors, executors, administrators, agents and assigns.
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‘Plane Pull Competition’ means the plane pull competition conducted by the Organiser commencing on 17 November at RFDS Bundaberg Base and involving people pulling an aircraft (owned and controlled by the Organiser) across a 24 metre tarmac.
Assumption of risk
2. I acknowledge that:
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Taking part in (including spectating) the Activities is subject to risks including personal injury, illness or death due to overexertion or strenuous activity, changing weather conditions and dangerous environments
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My participation in, or spectating of, the Activities, is solely at my discretion and I have undertaken the Activities freely, voluntarily and absolutely at my own risk and with a full appreciation of the nature and extent of all risks involved in the Activities.
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The Activities have inherent dangers and risks, including the real risk of injury or death.
Release
3. To the extent permitted by law, and as a condition of the Organiser allowing the Participant to be involved in the Plane Pull Competition, the Participant agrees to waive any and all claims that they may have now or may have in the future against the Organiser and releases the Organiser from any and all liability for any loss, damage or expense associated with injury, including death, that they may suffer or sustain as a result of participation in the Activities, due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty, on the part of the Organiser including the failure on the part of the Organiser to instruct, warn, safeguard or protect the Participant from any and all risks associated with the Activities.
4. Nothing in this document prevents the Organiser from relying on any laws (including statutes and common law) that limit or preclude their liability.
5. Nothing in this document excludes any term or guarantee which, under statute, cannot be excluded however the liability of the Organiser is limited to the minimum liability allowable by law. In particular, I understand that I may have rights under consumer guarantees set out in the Australian Consumer Law (Cth) or the applicable consumer legislation of the relevant State, as noted below.
6. This Release and Waiver, and any rights, duties and obligations between me and the Organiser shall be governed by and interpreted solely in accordance with the laws of Queensland, Australia.
Existing Medical Conditions
7. I am medically (including physically and mentally) able to participate in the Activities and further warrant that I am not aware of any medical or physical condition which might be aggravated by participating in the Activities.
Required medical treatment
8. I consent to any medical treatment which may be considered necessary by the Organiser in the event of injury or illness during the course of undertaking the Activities and I agree to indemnify the Organiser in respect of the cost of the medical treatment.
