Little Environeers takes pride in their programs and facilitators adhering to safety protocols, however, due to the nature of our programs injuries may occur to participants. Most injuries are minor in nature and may consist of scratches/ bruises, please read the information provided below to ensure you consent to you and/or your child participating in our programs.
By accepting the terms outlined below, you also agree that First Aid may need to be administered to you or your child by one of our qualified First Aid Facilitators on site.
The waiver (Waiver) is entered into between Little Environeers ABN 77 656 853 002) (we, us or our) and you, the Participant and the Participant’s legal guardian (where the individual is under 18 years old) (you or your), together the Parties and each a Party.
- By accepting this Waiver, you indicate that you have had sufficient opportunity to read this Waiver and contact us if needed, that you have read, accepted and will comply with this Waiver, and that you are 18 years or older. If you are accepting this waiver as a parent or legal guardian of a child, you are consenting to this Waiver on behalf of your child.
- You must not accept this Waiver if you are under 18 years of age and do not have the consent of a legal guardian. If you do not agree to this Waiver, you must notify us immediately using the contact information below and refrain from accepting this Waiver.
2 Risk warning
2.1 You or your child will be participating in sustainability workshops and outdoor education programs (Activities).
2.2 Participating in our Activities may expose you or your child to the risk of death, physical harm, personal injury, psychological and emotional harm, physical exertion, serious injury, disease, illness and/or loss or damage to your property. The risk of death, physical harm, personal injury, psychological and emotional harm, physical exertion or serious injury, disease, illness and/or loss or damage to your property may arise from, but is not limited to:
- third party participants including fellow participants;
- your or your child’s physical fitness level, tiredness or overexertion;
- pre-existing health conditions;
- adverse weather conditions;
- rough terrain and obstacles (including ditches, uneven ground and mud);
- equipment supplied by us to carry out the Activities; or
- any failure to comply with our instructions or directions.
2.3 You acknowledge and agree that death, physical harm, personal injury, psychological and emotional harm, physical exertion, serious injury, disease, illness or loss of or damage to your or your child’s personal property may arise from you, your child’s or another party’s acts, omissions or negligence. You have read this risk warning and you are aware of and voluntarily accept any risk that may arise from your or your child’s participation in the activities.
3 WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC)
3.1 If you or your child have undertaken to participate in one of our Activities for the purposes of recreation, enjoyment or leisure, the participation in the Activity will be considered a recreational activity and this clause will apply to you (and your child).
3.2 Under the Australian Consumer Law, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form Little Environeers ABN 77 656 853 002 is required to ensure that the recreational services it supplies to you–
- are rendered with due care and skill; and
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier.
3.3 Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
3.4 NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
4.1 You agree to comply with the following rules (Rules) at all times, and any failure to comply with our rules will allow us to refuse your participation in the Activity. You agree to:
- prior to participation in the Activities, disclose any medical or health conditions that may impact or impair your or your child’s ability to participate in the Activities, to us;
- not be or allow your child to be under the influence of alcohol or prohibited drugs;
- not engage in or allow your child to engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you, your child or any third party;
- comply and ensure your child to complies with any of our safety advice and processes;
- immediately notify us if you or your child is harmed or injured, or observe any third party to be harmed or injured; and
- comply and ensure your child complies with all of our reasonable instructions and directions.
5 Release and indemnity
5.1 Despite any provision to the contrary, to the maximum extent permitted by law:
- you warrant that you have not relied upon any warranty, representation, statement, offer or documentation made or provided by or on behalf of us;
- you agree that this Waiver excludes all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in this Waiver;
- you hereby indemnify, forever discharge and voluntarily release us (and our contractors, agents and employees) and any person directly or indirectly associated with us, against any and all loss, cost, damage, expense, liability (including liability for negligence and the negligence of others) claims, demands and proceedings of any kind arising from or connected with this Waiver, your participation in the Activity, whether those claims were known, or capable of being known, at the date of this Waiver; and
- this clause 5 will survive termination of this Waiver.
6.1 You represent and warrant that:
- there are no legal restrictions preventing you from agreeing to this Waiver;
- any information you provide to us is true, correct and complete;
- you or your child have no medical, physical or psychological conditions that prevent you from participating in the Activities or if you or your child have any medical, physical or psychological conditions, you have received consent from a medical professional to participate in the Activities or you or your child will refrain from participating in the Activities;
- you and/or your child have the required physical health and fitness needed to participate in the Activities;
- you are 18 years of age or over; and
- if you are a third party providing consent on behalf of an individual taking part in the Activities, you:
(i) are the individual’s parent or legal guardian; or
(ii) have obtained consent from the individual’s parent or legal guardian to provide the individual’s consent.
7.1 Assignment: We may assign or transfer our rights or obligations under this Waiver without your consent.
7.2 Governing law: This Waiver will be governed by and construed in accordance with the laws for the time being in force in the State of Victoria. The parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria.
7.3 Severability: If any part of this Waiver is found to be invalid or of no force or effect under any applicable laws, executive orders or regulations of any government authority having jurisdiction, this Waiver will be construed as though such part had not been inserted herein and the remainder of this Waiver will retain its full force and effect.
7.4 Waiver: No waiver by either Party of any provision of this Waiver will amount to a waiver of any other provision of this Waiver unless made in writing and signed by the Party against whom the waiver would have been enforced.
7.5 Joint and Several: An obligation or liability on two or more Parties to this Waiver will bind them jointly and severally.
7.6 Entire agreement: This Waiver contains the entire understanding and agreement between the parties in respect of its subject matter.
For any questions or notice, please contact us at:
Little Environeers ABN 77 656 853 002)
To complete waiver please click here