WAIVER OF LIABILITY FORM This waiver is a binding legal document By signing it you agree to give up certain rights. Read i t c arefully b efore s igning In consideration of being permitted to participate in any of the following activities (the “Activities “) (a) Outdoor Climbing and Abseiling Training Cour ses/Guide d Courses to destinations in South East Queensland or other states in Australia ; and (b) Training in an Indoor Climbing Gym ; and (c) Competitions at an Indoor Climbing Gym I agree as follows : 1) Release of Liability. I hereby release Climbing Guides Australia and their contractors , i nstructors, volunteer staff, directors, (the “Released Parties”) from any and all liability, claims, demands, or causes of action, whether known or unknown, suspected or unsuspecte d , arising out of any damage, loss, or injury to me (including my death) or my property as a result of or in any way connected with my participation in any of the Activities 2) Assumption of Risk I know and understand the scope, nature and extent of the risks involved in the Activities. I further understand that I may be exposed to other risks that may not be foreseeable. I voluntarily and expressly choose to incur all risks associated with the Activities, whether known or unknown, and take responsibility for those risks understanding that they may include bodily and personal injury, damage to property, disfigurement, concussion, heart attack, paralysis, or de ath 3) Waiver of Claimant’s Rights. I agree, and hereby instruct my heirs and anyone claiming on my behalf, never to initiate or assist in any lawsuit or cause of action against any of the Released Parties. If I or anyone on my behalf, initiates any lawsuit, cause of action, or claim for damages against the Released Parties, I agree that the Released Parties shall be entitled to recover from the suing party all attorneys’ fees and costs incurred in defending the lawsuit, cause of action , or claim , and any actions that arise 4) Indemnity Against Third Party Claims I agree to Indemnify the Released Parties from any and all losses, claims, actions, or proceedings of any kind and character, i ncluding attorneys’ fees and expenses, presented or initiated b y any third person or organi s ation , that have occurred as a result of my direct or indirect participation in the Activities, whether resulting from t he Released Parties actions , or from any other cause 5) Limitations of Warranty Climbing Guides Australia m ake n o w arranties, e xpress or i mplied, r egarding the f acilities o r e quipment p rovided for t he a ctivities. We rely on section 139A of the Competition and Consumer Act 2010, which limits liability for suppliers of recreational services. I a cknowledge t hat t he e quipment used f or i ndoor or o utdoor r ock c limbing a nd a bseiling h as b een p reviously u sed f or r ock c limbing a nd a bseiling a ctivities. SIGNING PAGE FOR WAIVER OF LIABILITY FORM A. I am 18 years of age or older and have full legal authority to sign this agreement B. I am a parent or legal guardian (“Parent”) of a participant who is not yet 18 and hereby grant permission for the minor child to participate in the Activities. If I am a Parent, I represent that I have advised my child to abide by the rules and I have full legal right and authority to grant this p ermission and sign this agreement on behalf of my minor child. I have read this entire agreement, understand the terms, and knowingly and voluntarily give up the rights that I, or my minor child, might otherwise have Participant Name : __________________________________________________________________________ Date o f Birth : __________________________________________________________________________ Address : C ity : ______________________ __________ State : _____________ Post c ode : _ _________ Emergency Contact Name : __________________________________________________________________________ Emergency Phone : __________________________________________________________________________ Email Address : __________________________________ ____________________________ ____________ A. I understand this Waiver form is legally binding . I expressly state that I have read, understood and am familiar with all provisions of this Waiver and that I sign it on my own free will. B. I am the parent or guardian of the minor whose name appears above . I understand this Waiver form is legally binding. I expressly state that I have read, understood and am familiar with all provisions and that I sign it on my own free will. Signature : _____________________ _________________________________________ ____________ (Parent or Legal Guardian must sign here if participant under the age of 18) Date : ______________________________________________________________ ____________