Terms and Conditions/Waiver
ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS AND LIABILITY RELEASE AND INDEMNITY AGREEMENT
In consideration of the services of Peaceful Growing Collective, and its affiliates, participant (and parent or legal guardian of a minor participant) acknowledge(s) and agree(s) as follows:
I understand that participant (and parent) share(s) the responsibility for participant’s safety. I have (or my child has) no mental or physical problems or limitations that might affect my (or my child’s) ability to participate that have not been disclosed to Peaceful Growing Collective in writing. I have had the opportunity to ask questions about the activities and the risks of the program in which I (or my child) will participate. I agree to obey all Peaceful Growing Collective rules, regulations, and policies (and have my child obey them).
The activities in which I (or my child) may participate will depend on the program in which I am (or my child is) enrolled and may be physically strenuous. These activities may include but are not limited to:
rock and tree climbing;
ropes and/or challenge courses (traversing ropes suspended off the ground, potentially at great heights, swinging or travelling by a rope and pulleys and other such activities);
physical problem-solving and or bushcraft activities;
water activities (not including swimming);
lighting, using and transporting fire and bushcraft projects that may involve using pointed or sharp-edged tools.
I understand that I (or my child) may engage in other activities not described above. It is impossible to know or list every risk associated with every activity; however, I understand the risks I (or my child) may encounter include but are not limited to:
being struck by or striking objects, persons or the ground;
improper or malfunctioning equipment or structures;
disease carrying or poisonous plants, insects, or animals;
and physical contact with other participants.
These and other risks are inherent to the activities; which means that they cannot be changed or eliminated without altering the essential elements of the activity.
I acknowledge that participating in a Peaceful Growing Collective program involves inherent risks and other risks, including some not described above, that can cause or lead to death, injury, illness, or property damage. I understand that Peaceful Growing Collective cannot assure my (or my child’s) safety, and does not seek to eliminate all of these risks, in part, because they facilitate educational and other objectives. I agree to assume all of the risks of the activities in the program, whether inherent or not, and even if not described above.
I hereby forever release, waive and discharge Peaceful Growing Collective and each of Peaceful Growing Collective’s respective agents, affiliates, employees, independent contractors, volunteers, and all other persons or entities acting under their direction and control, including property owners of the land on which Peaceful Growing Collective facilitates, (collectively “the Released Parties”) and agree not to pursue a claim or sue the Released Parties or any of them, for any liability, claim, or expense in any way associated with my (or my child’s) enrolment or participation in the Peaceful Growing Collective or any use of any equipment or facilities. Neither I nor anyone acting on my (or my child’s) behalf will make a claim against the Released Parties as a result of injury, illness, damage, death, or loss. This release includes any losses caused or alleged to be caused, in whole or in part, by the negligence, whether active or passive, of the Released Parties to the fullest extent allowed by law (but not for gross negligence) and includes claims for injury, property damage, wrongful death, breach of contract, or any other type of suit.
I further agree to defend and indemnify the Released Parties (to pay or reimburse them for money they are required to pay, including attorneys’ fees and costs) with respect to any and all claims brought by or on behalf of me, my child, a family member, personal representative, estate, heir, next of kin, assigns, a co-participant, or any other person for any claims related to my (or my child’s) use of equipment or facilities, including claims that the Released Parties were negligent.
I agree that the substantive law of New South Wales (but not any law that would apply the laws of another jurisdiction) governs this document and any dispute or suit I have (or my child has) with the Released Parties. Any mediation, suit, or other proceeding must be filed or entered into only in New South Wales. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY AGREE BY TICKING THIS BOX. I UNDERSTAND THAT I AM SURRENDERING CERTAIN LEGAL RIGHTS. I HEREBY WARRANT THAT I HAVE LEGAL AUTHORITY TO ACT ON BEHALF OF MY CHILD. I AGREE, ON MY OWN AND ON MY CHILD’S BEHALF, TO THE TERMS AND CONDITIONS IN THIS DOCUMENT.