Liability and Release Waiver

Between: Bay Bouncy Castle Hire, a Company having its principal place of business at 3 Paradise St, QLD, 4655 (ABN: 28 679 486 778) (“Provider”)

And the PARENT/GUARDIAN’s of Minor participants.

The Provider operates and conducts various recreational, educational, sporting, or entertainment activities, programs, and services (“Activities”) at Koala Markets.

The Parent/Guardian wishes for the Children to participate in the Activities provided by the Provider.

The Activities involve inherent and unavoidable risks of injury, damage, or loss that cannot be eliminated regardless of the care taken by the Provider.

The Provider requires all participants and their parents/guardians to execute this release and waiver of liability as a condition of participation in the Activities.

The Parent/Guardian acknowledges that they have been informed of the nature of the Activities and understand the risks associated with the Children’s participation.

This Agreement is entered into in consideration of the Provider allowing the Children to participate in the Activities.

Definitions

Activities means all recreational, educational, sporting, entertainment, or other programs, services, events, instruction, or activities provided, organised, or facilitated by the Provider, including but not limited to the use of any facilities, equipment, or premises.

Children or Child means the minor children identified in clause (3) above for whom the Parent/Guardian has legal authority and who will participate in the Activities.

Claims means any and all claims, demands, actions, suits, damages, liabilities, losses, costs, expenses, or causes of action of any nature whatsoever, whether known or unknown, foreseen or unforeseen.

Equipment means all apparatus, tools, devices, machinery, vehicles, or other items used in connection with the Activities.

Injury means any physical injury, illness, disease, death, emotional distress, or psychological harm.

Loss means any loss, damage, or destruction of personal property, or any financial loss or expense.

Parent/Guardian means the parent or legal guardian of the Children who has legal authority to bind the Children to this Agreement.

Personnel means employees, contractors, volunteers, instructors, coaches, staff, agents, or representatives of the Provider.

Premises means all facilities, grounds, buildings, or locations where Activities take place or are accessed.

Provider means Bay Bouncy Castle Hire and includes its officers, directors, employees, agents, contractors, volunteers, insurers, and any related entities.

Released Parties means the Provider, Personnel, property owners, lessors, and any other parties involved in providing or facilitating the Activities.

Risks means all dangers, hazards, and risks of Injury or Loss inherent in or associated with participation in the Activities, whether obvious or not.

Acknowledgment of Risks

The Parent/Guardian acknowledges and agrees that participation in the Activities involves inherent Risks that cannot be eliminated regardless of the care taken by the Provider.

The Parent/Guardian specifically acknowledges that the Risks associated with the Activities may include, but are not limited to:

physical Injury including cuts, bruises, sprains, fractures, concussion, or more serious injuries including permanent disability or death;

risks arising from the use of Equipment, tools, or materials provided by the Provider or brought by participants;

risks arising from the condition of the Premises, including uneven surfaces, obstacles, weather conditions, or environmental hazards;

risks arising from the actions or omissions of other participants, spectators, or third parties;

risks arising from the Children’s own actions, behaviour, or failure to follow instructions;

exacerbation of pre-existing medical conditions or allergic reactions;

Loss or damage to personal property brought to or used during the Activities.

The Parent/Guardian acknowledges that some Risks may be unforeseeable and that new risks may arise during the course of the Activities

The Parent/Guardian confirms they have considered these Risks and voluntarily choose to allow the Children to participate in the Activities despite such Risks.

The Parent/Guardian acknowledges that no oral or written representations have been made by the Provider to minimize, alter, or eliminate any of the Risks inherent in the Activities.

Assumption of Risk

The Parent/Guardian, on behalf of themselves and each of the Children, voluntarily assumes all Risks associated with or arising from the Children’s participation in the Activities.

The Parent/Guardian acknowledges and agrees that the assumption of Risks includes, but is not limited to:

all known, unknown, and inherent Risks that may arise from participation in the Activities;

Risks of physical Injury including minor injuries, serious injuries, permanent disability, paralysis, or death;

Risks of psychological or emotional harm that may result from participation in the Activities;

Risks of Loss or damage to personal property brought to or used during the Activities;

Risks arising from the condition, design, or maintenance of the Premises and Equipment used in the Activities;

Risks arising from the actions or omissions of other participants, spectators, or third parties;

Risks arising from weather conditions, natural hazards, or environmental factors at the location of the Activities.

The Parent/Guardian acknowledges that Risks cannot be eliminated regardless of the care taken by the Provider, its Personnel, or other Released Parties in conducting the Activities.

The Parent/Guardian confirms that the Children’s participation in the Activities is entirely voluntary and that no pressure or coercion has been applied by the Provider.

This assumption of Risks applies to all Activities in which any of the Children may participate, whether specifically described or not, and whether occurring on or off the Premises.

Release and Waiver

The Parent/Guardian, on behalf of themselves and the Children, hereby releases, discharges and forever waives any and all Claims against the Released Parties arising out of or in connection with the Children’s participation in the Activities.

The Parent/Guardian waives any right to commence or maintain any action, suit, or other legal proceeding against the Released Parties in respect of any Claims, whether such Claims are known or unknown, foreseen or unforeseen, at the time of executing this Agreement.

This release and waiver applies to all Claims for:

Injury to or death of any of the Children;

Loss of or damage to any property belonging to the Parent/Guardian or Children;

Economic loss or consequential damages of any nature;

Any other loss, damage, cost, or expense howsoever arising.

The release and waiver extends to Claims arising from:

The negligence of the Released Parties (excluding gross negligence or wilful misconduct);

Breach of contract or breach of statutory duty by the Released Parties;

The condition, design, or maintenance of the Premises or Equipment;

The actions or omissions of other participants in the Activities;

Any other cause whatsoever.

The Parent/Guardian acknowledges that this release and waiver is binding upon their heirs, executors, administrators, successors, and assigns.

This release and waiver shall remain in full force and effect in perpetuity and covers all future participation by the Children in Activities conducted by the Provider.

Indemnification

The Parent/Guardian agrees to indemnify and hold harmless the Released Parties from and against any and all Claims, costs, expenses, damages, and legal fees arising out of or in connection with the Children’s participation in the Activities.

The indemnification obligation in clause 5.1 includes but is not limited to Claims arising from:

any breach of this Agreement by the Parent/Guardian or any of the Children;

any negligent or wrongful act or omission by the Parent/Guardian or any of the Children;

any Injury, Loss, or damage caused by any of the Children to third parties or their property;

any failure by the Parent/Guardian to disclose relevant medical conditions or information regarding any of the Children.

The Parent/Guardian’s obligation to indemnify extends to defending any legal proceedings brought against the Released Parties in relation to the matters described in clauses 5.1 and 5.2.

This indemnification shall survive the termination or expiration of this Agreement and shall continue in full force and effect.

The indemnification obligations in this clause are in addition to, and not in substitution for, any other rights or remedies available to the Released Parties at law or in equity.

Medical Authorization

The Parent/Guardian authorizes the Provider and its Personnel to seek and obtain emergency medical treatment for any Child if the Parent/Guardian cannot be contacted immediately or if delay in treatment would be detrimental to the Child’s health.

The Parent/Guardian grants authority to qualified medical personnel to provide such emergency medical treatment as may be deemed necessary for any Child’s health and safety.

The Parent/Guardian authorizes the Provider to share relevant medical information about any Child with medical personnel, emergency services, or other authorities as necessary for the Child’s care and safety.

The Parent/Guardian warrants that they have disclosed all relevant medical conditions, allergies, medications, and special needs of each Child to the Provider prior to participation in the Activities.

The Parent/Guardian acknowledges that:

they are responsible for ensuring each Child has adequate health insurance coverage;

the Provider is not responsible for any medical expenses incurred in relation to any Child’s participation in the Activities; and

they will reimburse the Provider for any medical expenses incurred on behalf of any Child.

The Parent/Guardian releases the Provider and Released Parties from any Claims arising from medical decisions made in good faith during emergency situations or from any delay in obtaining medical treatment.

In case of emergency, the Provider will make reasonable efforts to contact the Parent/Guardian using the contact information provided, but is not obligated to delay necessary medical treatment pending such contact.

Insurance Acknowledgment

The Parent/Guardian acknowledges and agrees that the Provider may not carry insurance coverage for Injuries, Loss, or damage sustained by the Children during participation in Activities.

The Parent/Guardian acknowledges that any insurance coverage maintained by the Provider, if any, may not extend to cover Claims made by or on behalf of the Children.

The Parent/Guardian is strongly advised to obtain and maintain appropriate personal accident, medical, and public liability insurance coverage for each Child participating in Activities.

The Parent/Guardian acknowledges that they should not rely on any insurance coverage that may be maintained by the Provider and should ensure adequate personal insurance coverage is in place prior to the Children’s participation in Activities.

The Parent/Guardian agrees that their own insurance coverage, if any, shall be primary and non-contributory with respect to any Claims arising from the Children’s participation in Activities.

The Parent/Guardian acknowledges that they have been advised to review their existing insurance policies to determine the extent of coverage, if any, for Activities of the type contemplated under this Agreement.

Photographic/Media Consent

The Parent/Guardian hereby grants the Provider and its Personnel the irrevocable right and permission to photograph, film, videotape, record, or otherwise capture the likeness, image, voice, and performance of the Children during their participation in the Activities.

The Parent/Guardian consents to the Provider’s use, reproduction, publication, distribution, and display of such photographs, films, videos, recordings, or other media (“Media”) in any form or medium, whether now known or hereafter developed, for any lawful purpose including but not limited to:

promotional, marketing, and advertising materials;

educational and training purposes;

website and social media content;

publications, brochures, and other printed materials; and

news and media releases.

The Parent/Guardian acknowledges and agrees that:

no compensation or payment shall be due to the Parent/Guardian or Children for such use of the Media;

the Provider shall own all rights, title, and interest in and to the Media;

the Parent/Guardian waives any right to inspect or approve the finished Media or any written copy that may be used in connection therewith; and

the Provider may use the Media in perpetuity without further consent from the Parent/Guardian or Children.

The Parent/Guardian releases the Provider and Released Parties from any Claims arising from or related to the use of the Media as contemplated in this clause.

Personal Property

The Provider accepts no responsibility or liability for any Loss, damage, theft, or destruction of personal property belonging to the Children or Parent/Guardian while on the Premises or participating in Activities.

Personal property includes but is not limited to clothing, footwear, sporting Equipment, electronic devices, jewellery, money, bags, and any other items brought to or used during Activities.

The Parent/Guardian acknowledges that personal property may be lost, damaged, stolen, or destroyed due to:

the nature of the Activities;

actions of other participants;

weather conditions or environmental factors;

inadequate storage facilities; or

any other cause beyond the Provider’s control.

The Parent/Guardian is solely responsible for ensuring adequate insurance coverage for personal property and is strongly advised against bringing valuable or irreplaceable items to Activities.

Any personal property left on the Premises after Activities conclude may be disposed of by the Provider at its discretion without notice or liability.

The Children participate in Activities at their own risk regarding personal property, and the Parent/Guardian indemnifies the Provider against any Claims relating to personal property Loss or damage.

Governing Law and Jurisdiction

This Agreement is governed by and construed in accordance with the laws of Queensland, Australia.

Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

The Parent/Guardian irrevocably submits to the jurisdiction of the courts of Queensland, Australia and waives any objection to proceedings in such courts on the ground of venue or on the ground that the proceedings have been brought in an inconvenient forum.

The Parent/Guardian agrees that any legal action or proceeding arising under this Agreement may only be brought in the courts of Queensland, Australia.

If any provision of this Agreement is found to be unenforceable or invalid under the laws of Queensland, Australia, such provision shall be deemed severed from this Agreement and the remaining provisions shall continue in full force and effect.

Severability

If any provision of this Agreement is held to be invalid, void, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from this Agreement.

The invalidity, voidness, illegality, or unenforceability of any provision shall not affect or impair the validity, enforceability, or operation of any other provision of this Agreement.

The remaining provisions shall continue in full force and effect as if the invalid provision had never been included in this Agreement.

Where a provision is capable of being read in a way that makes it valid and enforceable, it shall be read in that way rather than in a way that would make it invalid or unenforceable.

If severance of an invalid provision would materially alter the intended effect or scope of this Agreement, the parties agree that a court may substitute a valid and enforceable provision that achieves substantially the same purpose as the severed provision.

Entire Agreement

This Agreement constitutes the entire agreement between the Provider and the Parent/Guardian relating to the Children’s participation in the Activities and supersedes all prior negotiations, representations, understandings, and agreements, whether written or oral.

No amendment, modification, or variation to this Agreement shall be effective unless it is in writing and signed by both the Provider and the Parent/Guardian.

The Parent/Guardian acknowledges that they have not relied on any representation, warranty, or statement made by the Provider or any Personnel that is not expressly set out in this Agreement.

This Agreement represents the complete understanding between the parties and no other terms or conditions shall be implied or incorporated into this Agreement.

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.