RELEASE AND WAIVER OF LIABILITY FORM

IMPORTANT NOTICE - PLEASE READ THIS FORM CAREFULLY AS IT WILL IMPACT YOUR LEGAL RIGHTS- YOU MAY WANT TO SEEK LEGAL ADVICE ABOUT THIS DOCUMENT

For the purpose of this form:

OzGREEN is defined as: Global Rivers Environmental Education Network (Australia) Inc, and any related or associated entities (including Related Bodies Corporate as defined in the Corporations Act 2001 (Cth).

Activities is defined as: walks, bushwalks, tours, or similar pursuits, including ancillary or related activities led, conducted, organised or facilitated by OzGREEN.

In exchange for OzGREEN facilitating my participation in the Activities, I, my successors, heirs and assigns agree to the following:

1. I acknowledge and agree that

a) participation in the Activities presents a risk of serious illness, injury, death or damage to personal property;

b) participation in the Activities presents a risk of, and exposure to, economic and non-economic loss and damage in connection with injury, death or damage to property, and

c) Illness, injury, death or damage to personal property and exposure to economic and non-economic loss and damage may or may not be a result of acts or omissions of myself, other participants in the Activities, OzGREEN, or directors, employees, officers, agents, licensees, contractors, subcontractors, other related persons or representatives or volunteers of OzGREEN (OzGREEN Persons);

2. I acknowledge that I am participating in the Activities voluntarily and in full knowledge of the inherent risks of serious injury, illness, death or damage to property.

3. I acknowledge that I am participating in the Activities voluntarily and in full knowledge of the inherent risks of and exposure to, economic and non-economic loss and damage.

4. Subject to clause 7, I agree that, on signing this form, I assume full responsibility for any and all risks of personal injury, illness, death or damage to property that are caused by, or arise out of, my participation in the Activities, and for any associated loss or damage that I might suffer as a result of such injury, Illness, death or damage to property including (without limitation) loss of income, out of pocket expenses (such as medical and hospital expenses), domestic assistance expenses or the costs of repair or replacement of damaged property.

5. To the full extent permitted by law and subject to clause 7, including the Australian Consumer Law, I agree to release, waive and forever discharge OzGREEN and OzGREEN Persons from all claims and liabilities that I have, or may have in the future in connection with my participation in the Activities, whether arising in tort (including negligence), statute, breach of statutory duty or otherwise, including:

a) personal injury, including illness and death;

b) damage to personal property.

c) associated loss or damage that I may suffer as a result of any such personal injury or death including (without limitation) loss of income, out of pocket expenses (such as medical and hospital expenses) or domestic expenses;

d) property loss and damage, and

e) other claims which I may otherwise have against OzGREEN or OzGREEN Persons.

6. With respect to any liability, claim, demand or proceedings arising from or in connection with guarantees relating to the supply of services pursuant to the Australian Consumer Law,

a) agree and acknowledge that the Activities constitute a recreational service provided by OzGREEN; and

b) agree to waive, release and forever discharge OzGREEN and OzGREEN Persons from claims and labilities that I have or may have in future in connection with my participation in the Activities for:

i) death;
ii) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or
iii) the contraction, aggravation or acceleration of a disease.

7. I agree to indemnify OzGREEN and OzGREEN Persons against and from any liability, claim, demand or proceedings made or commenced by me, or by someone on my behalf, which arises out of, or is in any way connected with, my participation in the Activities.

8. Further to 8 above, I covenant not to sue or bring any claim, demand or proceedings against OzGREEN or OzGREEN Persons for damages, expenses or legal costs which arise out of, or are in any way connected with, my participation in the Activities.

9. Further to 2 and 3 above, I agree that OzGREEN or OzGREEN Persons can plead this form as a bar to any claim, demand or proceedings made or commenced by me, or by someone on my behalf, which arises out of, or is in any way connected with, my participation in the Activities.

10. I acknowledge that OzGREEN or OzGREEN Persons may take photo and video footage of me in connection with the Activities and I expressly consent to the use of that footage by OzGREEN in promoting or marketing the Activities, including on print, digital and social media. I acknowledge OzGREEN shall own all rights (including copyright) to photos, video imagery, sounds or other recordings made in connection with the Activities.

11. This waiver and release will be construed broadly to provide a release and waiver to the full extent permitted by law. If any term of this document is found to be prohibited, not compliant or made unenforceable by law, that term is to be interpreted so that, to the extent the law permits, the term is not prohibited, it complies with the law and it is enforceable. If the whole or any part of a term of this document is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction and shall not affect the enforceability of other provisions.

12. This waiver will be construed in accordance with the law of New South Wales.

BY CHOOSING TO CLICK THE I AGREE TO BELLINGEN SHIRE BUSHWALKS RELEASE AND WAIVER OF LIABILTY FORM, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD EACH OF THE TERMS SET OUT ABOVE AND THAT I UNDERSTAND THAT THIS DOCUMENT RELEASES OZGREEN AND OZGREEN PERSONS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE THAT I MAY SUFFER FROM PARTICIPATION IN THE ACTIVITIES. I UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS BY AGREEING TO THIS DOCUMENT, AND THAT I AGREE TO IT VOLUNTARILY AFTER BEING GIVEN A REASONABLE OPPORTUNITY TO READ THE DOCUMENT AND TO OBTAIN LEGAL ADVICE ON THE EFFECT OF THE DOCUMENT.