SportsPlus Waiver 

1. I, or the person/s on whose behalf I am signing, acknowledge and agree that I am voluntarily participating in activities at SportsPlus’ sporting facilities (the “Facility”). I understand that participation in sports and physical activities, including the Simulator at the Facility, involves inherent risks and may result in injury or harm. I acknowledge and accept these risks, which include but are not limited to, serious bodily injury, illness, disability, permanent physical or mental impairment, death, and other damage to my person and property.

2. I agree that it is my sole responsibility to be familiar with the physical and/or mental demands associated with the above-named activities. With these demands in mind, I have no physical or medical condition which, to my knowledge, would endanger myself or others if I participate in a Simulator within SportsPlus, or would interfere with my ability to participate. I also agree to abide by any established rules or regulations while participating. SportsPlus draws the attention of all participants to the fact that playing equipment such as Bats, Rackets, Sticks, Clubs, Darts and Balls, if handled or used incorrectly, could be a danger to adults and children.

3. I also agree and confirm the following:

(a)

I am over the age of 18 years with full capacity to understand the warning, to sign this waiver on my own behalf and provide my consent or I am the parent/guardian of a minor and have full capacity and authority to sign and provide consent on their behalf.

(b)

I/they have a level of fitness and proficient sufficient to safely participate in the Facility’s activities;

(c)

I am neither pregnant nor under the influence of substances that could impair my ability to engage in recreational activities safely.

(d)

I am not aware of any medical condition which may preclude or limit my/their ability to participate in the activity at the Facility; and

(e)

It is the responsibility of all parents or guardians to ensure that children under the age of eighteen (18) years of age are supervised in such a way to avoid the possibility of any accident or injury,

4. I/they agree that in consideration for being permitted to use the Facility and participate in its activities, to the maximum extent permissible at law, I/they:

(a) waive, release, and discharge SportsPlus, the Club, their owners, employees, agents, volunteers, sponsors and representatives (collectively “the Released Parties”) from any and all liability, obligations and responsibilities for my/their personal injury, acceleration or aggravation of a disease, property damage or wrongful death in any way arising out of my/their participation in the Facility’s activities whether caused by the negligence of the Released Parties or otherwise.

(b) agree that the facilities and equipment which are provided at the Facility by any of the Released Parties are “recreational services” within the meaning of section 139A (2) of the Competition and Consumer Act 2010 (Cth) (‘’ACL”).

(c) agree that with respect to the use of any equipment and participation in any activity at the Facility that the Released Parties’ may, and do, exclude, restrict and/or modify (as the case may) the application of all of the provisions of Subdivision B of Division 1 of Part 3-2 of the ACL as set out below:

(i) the Released Parties’ liability for death or a physical or mental injury suffered by me (including the aggravation, acceleration or recurrence of such an injury of the participant) is excluded;

(ii) the Released Parties’ liability for the contraction, aggravation or acceleration of a disease by me is excluded;

(iii) the Released Parties’ liability for the coming into existence, the aggravation or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to me that is or may be harmful or disadvantageous to me or the community, or that may result in harm or disadvantage to me or the community is excluded

5. I/they acknowledge and intend that this waiver and release binds me, my executors, administrators, heirs and successors, or where applicable binds the persons on whose behalf I am signing and their executors, administrators, heirs and successors.

6. To the extent permitted by law, the Released Parties are not liable for indirect or consequential losses or damages, including loss of revenue, profits, expected profits, savings, overhead costs, or other economic losses, whether in contract, tort (including negligence), under statute, or otherwise.

Emergency Treatment Authorisation

1. I consent to receive, or if applicable to the persons on whose behalf I am signing receiving, any reasonably appropriate medical treatment that may be deemed necessary or advisable by a certified first aid officer, registered paramedic, or medical practitioner in the event of any injury, accident or illness suffered while participating in these activities at the Facility. This includes but is not limited to, first aid, ambulance transport and hospitalization. I understand and agree that I am responsible for any medical expenses incurred on my behalf.

Media Release

2. I/they hereby grant SportsPlus and the Club the irrevocable and unrestricted right to use and photographs, videos, or other media taken of me during my attendance at the Facility for promotional, advertising, and other related purposes on SportsPlus’ or the Club’s official social media accounts, website, marketing materials, and any other channels deemed appropriate by SportsPlus or the Club. I understand that these materials may be used without any further notification or compensation to me.

3. I release SportsPlus, its employees, and representatives from any liability arising out of the use of such images or media. I also have the option to opt out of this specific clause despite signing this waiver by notifying a SportsPlus staff member upon checking in.

I am the parent/guardian with legal responsibility for the minor/s named above. In my capacity as parent/guardian I acknowledge, understand and accept all of the above and consent to the named minor’s participation in the activities at the Facility.