This page contains a copy of the waiver information you will need to sign when joining the canoe club or participating in a come and try session/trial paddle*.
THIS PAGE IS NOT A FORM. These will be supplied by the club on the day or as you join.
YOU MAY BE GIVING UP IMPORTANT LEGAL RIGHTS
READ AGREEMENT CAREFULLY BEFORE SIGNING
In consideration for UQ Sport and the University of Queensland Canoe Club Inc ("the Club") permitting the Participant to take part in activities organised by UQ Sport and/or the Club (the "Activities"), or to use facilities and equipment owned or operated by UQ Sport and/or the Club, the Participant agrees with UQ Sport and the Club as set out below.
- The Participant acknowledges that the Activities involve physical exertion and physical risk and could result in the Participant's (or another party's) death, physical injury, mental injury or other impairment.
- To the maximum extent permitted by law, the Participant voluntarily agrees to take part in the Activities at the Participant's risk.
- The Participant understands that the Participant may at any time refuse to take part in an Activity.
- The Participant warrants to UQ Sport and the Club that the Participant has informed UQ Sport and the Club in writing of the existence of any medical condition or impairment that may affect the Participant's ability to safely take part in the Activities. The Participant must inform UQ Sport and the Club in writing if any such medical condition develops or changes during the term of this Agreement.
- The Participant acknowledges and agrees that neither UQ Sport, the Club or their directors, officers, employees, members, activity leaders, agents or contractors will be responsible for (and the Participant forever releases UQ Sport and the Club from, holds them harmless and waives all rights in respect of) any loss or damage caused to the Participant or any other party in connection with the Activities in the nature of:
- death or physical or mental injury;
- the contraction, aggravation or acceleration of a disease; or
- the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that may be harmful to the Participant or the community or may result in harm or disadvantage to the Participant or the community,
except where that loss or damage is caused by the reckless conduct of UQ Sport or the Club.
For the avoidance of doubt, UQ Sport and/or the Club and their directors, officers, employees, members, activity leaders, agents and contractors will not be liable for any loss or damage of a kind described in clauses 5(a) to (c) above which is caused by their negligent conduct, unless that conduct is also reckless conduct.
For the purposes of this Agreement, conduct of a party is "reckless conduct" if the party is aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person and the party engages in the conduct despite the risk and without adequate justification.
Where UQ Sport or the Club provides equipment for the use of the Participant or others taking part in the Activities, the Participant agrees that neither UQ Sport or the Club will be liable to the Participant for any loss or damage caused by the use or misuse of that equipment, except where UQ Sport or the Club is in breach of a statutory guarantee granted to the Participant under Part 3-2 of the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or the liability cannot otherwise be excluded or limited by law.
The Participant indemnifies UQ Sport and the Club and agrees to keep them indemnified in respect of any loss or damage suffered or incurred by either or both of them as a result of the Participant taking part in the Activities or using equipment supplied by UQ Sport or the Club, except to the extent that UQ Sport or the Club (or both of them) are liable for that loss or damage under this Agreement.
Nothing in this Agreement is intended to exclude or limit the Participant's rights under any law that cannot be excluded or limited and this Agreement is to be read and construed accordingly.
Warning: Canoeing is inherently dangerous and serious accidents can and do happen. The Participant has read and understood this warning and subject to the terms of this Agreement accepts and assumes the inherent risks in canoeing. The Participant understands that there are risks of becoming seriously ill or injured in a remote area, far from medical care, and that UQ Sport and the Club cannot guarantee the availability of emergency medical services or transportation to medical facilities. The Participant understands that the Participant is solely responsible for all charges for medical and emergency services and rescue operations that the Participant may need.
Insurance is in place that provides limited cover to the Participant whilst the Participant is participating in any authorised or recognised club activity. The Participant may seek and obtain personal insurances over and above the cover provided by UQ Sport and the Club.
The Participant declares that the Participant is, and continues to be, medically and physically fit and able to participate in any club activity. The Participant is not and must not be a danger to themselves, or to the health and safety of others. The Participant will immediately notify UQ Sport and the Club in writing of any change to his or her fitness or ability to participate. The Participant understands and accepts that UQ Sport and the Club will continue to rely upon this declaration as evidence of the Participant's fitness and ability to participate.
The Participant acknowledges and consents to photographs being taken of the Participant during their participation in club activities. The Participant acknowledges that the Club owns the photographs and consents to the Club using the photographs for promotional or other purposes.
Medical Details: If the Participant suffers or has suffered from any disease or physical or mental disability (e.g. epilepsy, diabetes, or any permanent disability to a limb, eye or ear) likely to affect the Participant's ability to safely participate in club activities, it may affect the Participant's safety and the safety of the public. The Participant should consult their medical practitioner and the Club prior to commencing any canoeing activity.
The Participant hereby confirms that the Participant is 18 years of age or older, is able to swim, and agrees to all of the above conditions in clauses 1 to 16. The Participant warrants that all information provided is true and correct.
Come and try forms are clearly marked and do not constitute membership of the club.
* Clause 12 does not apply to non-members. Club insurances only apply to financial members.
Non-members participating in trial events should ensure they have adequate insurances.