TERMS AND CONDITIONS (T&C)

Provider: JAKEM Farm Pty Ltd

Address: Lot 14 & 15 Éclair Mine Road      State:    SA           Postcode:  5252

 

 The following pages affect your legal rights and obligations.  Please read these carefully and only sign if you fully understand their contents.  For Participants under 18 years of age, these documents must be completed by a parent or legal guardian.  [Description of Activities] 4WD and Camping.

[Risk Warning] I am aware that by my participation in any activities arranged by the Provider, certain risks or dangers may occur which could include: Physical, bodily or psychological injury or death, Physical exertion to which I am not accustomed, Failure of equipment or use of inadequate equipment, There may be no or inadequate facilities for treatment or transport to treatment if I am injured, The conditions in which the activities are conducted may vary without warning, I may cause injury to other persons and/or other persons may cause injury to me, I may be injured or die due to the negligence, breach of contract or breach of statutory duty or guarantee of the provider.  I acknowledge that the activities are being undertaken for the purposes of recreation, enjoyment or leisure, and involve a significant degree of risk of physical harm.   I acknowledge that the Activity may be undertaken with one or more other persons as part of a group and that the Provider is not liable for the actions of other participants in the group activity.  By signing below, I acknowledge, agree and understand that the risks associated with the Activities and/or recreational services have been explained to me.  I undertake any such risk voluntarily and at my own risk.  I acknowledge that the risk warning above constitutes a “risk warning” in accordance with the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA).

[Participant’s Warranties] I agree to abide by any of the Provider’s rules, and any direction or instruction given to me by the Provider during the course of the Activities.  I agree to use and/or wear any equipment given to me by the Provider.  I declare that I am medically and physically fit and able to participate in the Activities.  I acknowledge that I must, and agree that I will, disclose any pre-existing medical or other condition, injury or concern that may affect the risk that either I or any other person will suffer injury, loss or damage during the course of the Activities and notify the Provider of any injuries, illness or concerns that may arise during the Activity.  I will not engage in any reckless, negligent or foolish behaviour or any other behaviour that is likely to cause injury to me, any other participant or person.  I agree that if I suffer any injury or illness, the Provider may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.  I declare that I have not consumed any alcohol or mind altering substance, or medication that may impact my judgement or physical capacity, before or at the time of engaging in the Activities.

[Exclusion of liability] I agree to and unconditionally release, waive, discharge and forever hold harmless, the Provider or any of its employees, agents, directors or officers, from any claims as a result of any personal injury sustained, whether caused by the Provider’s negligent act or wilful act or omission, breach of contract, breach of statutory duty, error, or otherwise in connection with or arising out of the Activities.  I agree that the Provider will not be liable for any claims for personal injury that may be brought against it as a result of or in connection with any act, omission, default, failure or error on the part of the Provider, and agree to indemnify and keep indemnified the Provider in respect of any such claims.  

 

[Waiver] It is possible for a supplier of recreational services to ask you to agree that the statutory guarantees under the Australian Consumer Law (which is schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you. If you sign this form, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the Provider in relation to the Provider’s services or the activities that you undertake because the services or activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below. 

 

[For South Australia] Exclusion, restriction or modification of rights under the Australian Consumer Law (SA)  [Your rights] Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services), there is ► A statutory guarantee that those services will be rendered with due care and skill; and ► A statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and ► A statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).

[Excluding, restricting or modifying your rights] Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).  If you sign this form, you will be agreeing to exclude, restrict or modify the supplier's liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury. 

 

[Important] You do not have to agree to exclude, restrict or modify your rights by signing this form. The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form. Even if you sign this form, you may still have further legal rights against the supplier.  A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights. A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.

[Agreement to exclude, restrict or modify your rights] I agree that the liability of JAKEM Farm Pty Ltd [the Provider] for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded.   

 

[Declaration and Signature]  I have read carefully and understand this risk warning and waiver of liability and sign it freely and voluntarily without inducement of any kind.  

 

[For Participants under age 18]  This is to certify that I, as a parent/guardian with legal responsibility for the Participant, acknowledge, understand and accept all of the above and consent to his/her release as provided above.  I release and agree to indemnify and hold harmless the Provider from any and all liabilities arising from my minor child’s involvement or participation in the Activities and/or recreational services, even if arising from the negligence of the Provider. 

 

Further information about your rights can be found at www.ocba.sa.gov.au

 

References:

 [1] Recreational services are services that consist of participation in—

  • a sporting activity or similar leisure-time pursuit; or

  • any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.

 [2] Personal injury is bodily injury and includes mental and nervous shock and death.