Mavericks - Dee Why

Participant Risk Warning, Waiver & Release of Liability

1. Application

This waiver applies to participation in activities organised, conducted, promoted or facilitated through Mavericks Dee Why ("Mavericks"), including activities arranged independently by its members.

Activities may include walking, running, cycling, fitness training, recreational exercise, social gatherings and other community activities.

Age Restriction: Mavericks activities are strictly for adults aged 18 years and over. Persons under 18 are not permitted to participate. Mavericks does not provide activities, childcare or supervision for minors.

For the purposes of this waiver, "Mavericks" includes the club, its operators, administrators, representatives and volunteers, together with individual activity organisers, to the extent that the relevant legal protections can lawfully apply to them.

2. Risk Warning

WARNING: PARTICIPATION IN RECREATIONAL AND PHYSICAL ACTIVITIES INVOLVES RISKS OF PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY AND DEATH.

These risks include, but are not limited to:

Falls, slips, trips and collisions.
Traffic, cyclists, pedestrians and other road or pathway users.
Uneven, slippery or hazardous surfaces.
Weather conditions, heat, dehydration and environmental hazards.
Physical exertion, muscle or joint injuries and aggravation of existing conditions.
Cardiovascular events and other medical emergencies.
Equipment failure or misuse.
The actions, omissions or negligence of other participants, organisers or third parties.

Some risks may be obvious, while others may not be foreseeable.

This warning is provided for the purposes of section 5M of the Civil Liability Act 2002 (NSW) and other applicable laws.

3. Voluntary Participation and Acceptance of Risk

I acknowledge that my participation is entirely voluntary.

I understand and accept the risks associated with participation, including the possibility of serious injury or death.

I acknowledge that I participate in recreational activities at my own risk, subject to rights and protections that cannot lawfully be excluded.

I understand that no activity can be guaranteed to be completely safe.

4. Personal Health and Responsibility

I acknowledge and agree that:

I am responsible for assessing whether I am physically and medically capable of participating.
I should obtain medical advice before participating if I have any relevant medical condition, injury or health concern.
I will participate within my own abilities and limitations.
I will stop participating if I experience pain, dizziness, unusual breathlessness or other concerning symptoms.
I will exercise reasonable care for my own safety and the safety of others.
I will comply with applicable laws and reasonable safety instructions.

5. Activities Organised by Members

Mavericks operates as a community fitness and social club and may allow members or third parties to arrange activities independently.

I acknowledge that:

Not every activity is organised, managed or supervised directly by Mavericks.
Individual members may independently propose, organise or lead activities.
The promotion of an activity through Mavericks does not necessarily mean that Mavericks has assessed its safety or the qualifications of its organiser.
Independent activity organisers are responsible for appropriately planning their activities, identifying reasonably foreseeable hazards, taking reasonable safety precautions and complying with applicable laws.
Activity organisers and participants each have responsibilities appropriate to their involvement.
Mavericks does not guarantee the competence, qualifications or conduct of independent activity organisers.
I am responsible for deciding whether to participate in an independently organised activity.

The liability limitations in this waiver are intended to extend to individual activity organisers, administrators and volunteers to the extent permitted by law.

Nothing in this section removes any duty or responsibility that cannot lawfully be excluded.

6. Release and Limitation of Liability

To the maximum extent permitted by applicable law, I agree to release Mavericks, its operators, administrators, representatives, volunteers and individual activity organisers from liability for personal injury, illness, disability or death arising from my participation in recreational activities, including liability arising from negligence where such liability can lawfully be excluded.

Where applicable, this waiver is intended to operate under:

Section 139A of the Competition and Consumer Act 2010 (Cth).
Sections 5L, 5M and 5N of the Civil Liability Act 2002 (NSW).
Other applicable provisions of Australian law.

To the extent permitted by section 139A, I agree that applicable consumer guarantees relating to recreational services, including guarantees of due care and skill, are excluded, restricted or modified insofar as they relate to liability for death, personal injury, illness or other harm covered by that section.

I acknowledge that this agreement is intended to exclude or limit liability for recreational activities to the fullest extent lawfully permitted.

Nothing in this waiver excludes liability for reckless conduct, or any other liability, where exclusion is prohibited by law.

7. Emergency Medical Assistance

In the event of injury or illness, I authorise activity organisers to contact emergency services or arrange medical assistance where reasonably necessary.

I acknowledge that I may be responsible for medical, ambulance or associated expenses, subject to applicable law.

8. Supervision and Insurance

I understand that activities may be informal and may not involve professional supervision, qualified instructors or medical personnel.

I acknowledge that personal accident insurance may not be provided for participants.

I am responsible for considering whether I require personal insurance appropriate to the activities I undertake.

9. Participant Conduct

I agree to behave responsibly, respect other participants, follow applicable laws and avoid conduct that unnecessarily endangers myself or others.

I understand that organisers may refuse or discontinue my participation where reasonably necessary for safety or appropriate conduct.

10. Acknowledgement and Agreement

By expressly agreeing to this waiver before participating, I confirm that:

I have been given an opportunity to read and understand its terms.
I understand the risks associated with participation.
I voluntarily accept those risks.
I understand that Mavericks and individual organisers seek to exclude or limit liability, including liability for negligence, to the extent permitted by law.
I agree to participate on the terms set out in this waiver.

This agreement is intended to apply to my participation in Mavericks activities, including future activities, subject to applicable law and any additional terms or risk warnings communicated for a particular activity.