RISK WARNING

Paragliding is a dangerous recreational activity which involves inherent, incidental and significant risks, including but not limited to, loss of control of an aircraft or equipment, uncontrolled descent, collision with objects (whether animate or inanimate) or property, collision with other persons, personal misjudgement, failure of equipment. The risks in participating in the Activity may result in or materialise in harm including physical harm such as injury, disability or death.

OBVIOUS RISK NOTICE

The Activity involves a significant risk of physical harm and is therefore a “dangerous” recreational activity which carries an obvious risk, including risk of serious injury. The Passenger/Applicant/Guardian/Parent acknowledges that Gold Coast Paragliding, any of Gold Coast Paragliding Instructors and/or Paragliding Pilots, including but not limited to Drew Salem, as well as the Sports Aviation Federation of Australia (SAFA) are not liable in negligence for breach of duty of care or failure to exercise reasonable care and skill, breach of contract for breach of an express or implied warranty, obligation, term or contractual duty of care, or pursuant to any statute, or statutory warranty or implied term, as a result of the materialisation of the obvious risk of the Activity engaged in by the Passenger/Applicant.

SPORTS AVIATION FEDERATION OF AUSTRALIA (“SAFA”) AND HANG GLIDING FEDERATION OF AUSTRALIA (“HGFA”)
(COLLECTIVELY “THE SUPPLIER”)
PARTICIPANT (MEMBER) NAME AS IDENTIFIED IN THE SAFA ONLINE MEMBERSHIP APPLICATION:
(“THE PARTICIPANT”)

YOU MUST NOT PARTICIPATE IN ANY SAFA ADMINISTERED AVIATION ACTIVITIES WITHOUT READING, ACKNOWLEDGING AND ACCEPTING THIS WAIVER AND PAYING YOUR MEMBERSHIP FEES AT THE TIME YOU ACKNOWLEDGE AND ACCEPT THIS WAIVER.

  1. PURPOSE OF THE WAIVER
    1. The Supplier, including their directors, employees, instructors, agents, operators, suppliers, contractors, insurers, re-insurers, owners and / or occupiers of any type of property (including real property) is a supplier of recreational activities and services in trade and commerce as defined in Section 139A of Schedule 2 of the Competition and Consumer Act 2010 (Cth) hereinafter referred to as the Australian Consumer Lawand Division 4, Section 18 of the Civil Liability Act 2003 (Qld).

    2. The recreational activities and services to which this Waiver applies includes (but is not limited to) hang gliding, powered hang gliding, paragliding, powered paragliding, and weightshift microlighting, solely or in combination with any other recreational service or activity (collectively referred to as “the Recreational Activities”).

    3. The Supplier is also the governing body which regulates and administrates the supply of Recreational Activities by its associated, authorised and / or licenced instructors, Flight Training Facilities (FTF), agents, operators, suppliers and / or contractors (“Regional Affiliates”).

    4. The Recreational Activities being regulated and / or administrated by the Supplier are dangerous and involve obvious, inherent and significant risks of physical harm and psychological harm such as personal injury, bodily injury, mental injury, nervous shock anddeath.

    5. The purpose of this Waiver is to limit the liability of the Supplier for any physical harm and psychological harm such as personal injury, bodily injury, mental injury, nervous shock and death to the Participant arising from or in any way connected to the RecreationalActivities beingregulatedand/oradministrated bytheSupplier.

    6. By executing this Waiver, the Participant acknowledges that they have read, understood and accept the terms and conditions contained in this Waiver including (but not limited to) the Risk Warning and Acknowledgment form (section 2 below) and the Release, Indemnity and Assumption of Risk form (section 3 below).

    7. The Participant agrees that their participation in the Recreational Activities is strictly subject to the Disclosure of Medical Conditions and Declaration of Fitness form which has been completed as part of the Supplier’s membership process and that form has been incorporated into this Waiver as if its terms and conditions were set out herein.

       

  2. THE RISK WARNING AND ACKNOWLEDGMENT
    1. Your participation in the Recreational Activities being regulated and / or administrated by the Supplier involves obvious, inherent and significant risks of physical harm (including death) and psychological harm. Some of the risks of Recreational Activities include (but are not limitedto):
      1. loss of control of an aircraft orequipment;
      2. failure of an aircraft orequipment;
      3. uncontrolled decent from substantialheights;
      4. collision with surroundings, the ground or otherpersons;
      5. personal misjudgement;and
      6. hazardous, unpredictable, changeable and adverse weatherconditions.
    2. Prior to undertaking any Recreational Activities, you should ensure that you are aware of all of the risks involved including those risks associated with any health condition you maysuffer from.
    3. By signing this Risk Warning and Acknowledgment form, you acknowledge, agree and understandthat:
      1. participation in the Recreational Activities being regulated and / or administrated by the Supplier involves obvious, inherent and significant risks as defined by Division 3, Section 13 of the Civil Liability Act 2003 (Qld);
      2. you are aware of the obvious, inherent and significant risks of the Recreational Activities as defined by Division 3, Section 14 of the Civil Liability Act 2003 (Qld)and agree to undertake those risks voluntarily; and

      3. the Supplier will not be liable for the materialisation of any obvious, inherent and significant riskto the fullest extent permissible under Division 4, Section 19 of the Civil Liability Act 2003 (Qld).
    4. By signing this Risk Warning and Acknowledgment form, you acknowledge, agree and understandthat:
      1. you are a consumer of Recreational Activities as defined by any relevant law and that certain terms and rights usually implied into a contract for the supply of goods and services (including the Recreational Activities) may be excluded;
      2. the Australian Consumer Law allows the Supplier to ask that you agree to exclude, restrict or modify the Supplier’s liability for any personal injury or death suffered by you arising from or in any way connected to the Recreational Activities being regulated and / or administrated by theSupplier;
      3. agreeing to exclude, restrict or modify the Supplier’s liability may result in compensation not being payable to you if you suffer any personal injury or death fromyourparticipationintheRecreationalActivitiesbeingregulatedand/ or administrated by the Supplier; and
      4. by agreeing to participate in the Recreational Activities voluntarily, you also agree to exclude any liability on the part of the Supplier for any breach of any express or implied warranty that the Recreational Activities will be regulated and / or administrated by the Supplier with reasonable care and skill to the fullest extent permissible under the Australian Consumer Law.
    5. By signing this Risk Warning and Acknowledgment form, you acknowledge, agree and understand that the liability of the Supplier to you in relation to any Recreational Activities as that term is defined in the Australian Consumer Law and the Civil Liability Act 2003 (Qld)forany:
      1. death;
      2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
      3. the contraction, aggravation or acceleration of adisease;
      4. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state ofaffairs:
        1. thatisormaybeharmfulordisadvantageoustoyouorthecommunity;or
        2. that may result in harm or disadvantage to you or thecommunity,that may be suffered by you (or a person for whom or on whose behalf you are acquiring the Recreational Activities) resulting from the supply of the Recreational Activities is excluded.
  3. INDEMNITY AND ASSUMPTION OF RISK
    1. I, the Participant, acknowledge the Risk Warning and Acknowledgment form (section 2 above) and that participation in the Recreational Activities is entirely at my own risk and that I may withdraw from participating in the Recreational Activities at anytime.
    2. I, the Participant, fully accept and assume all liability for the risks associated with the Recreational Activities being regulated and / or administrated by the Supplier including the significant risks of physical harm and psychological harm such as personal injury, bodily injury, mental injury, nervous shock and death arising from the Recreational Activities now and in thefuture.
    3. I, the Participant, waive any claims that I have now or may have in the future against the Supplier including their directors, employees, instructors, agents, operators, suppliers, contractors, insurers, re-insurers, owners and / or occupiers of any type of property (including real property) and release, indemnify and hold the Supplier harmless from any liability in connection with the Recreational Activities being regulated and / or administrated by the Supplier regardless of whether that liability is basedin:
      1. negligence for breach of duty of care or failure to exercise reasonable care andskill;
      2. breach of contract or breach of any express or implied warranty, obligation, term or contractual duty of care;or
      3. breach of any statute, or statutory warranty or impliedterm.
    4. I, the Participant, acknowledge that by executing the Risk Warning and Acknowledgment form (section 2 above) and this Release, Indemnity and Assumption of Risk form, I have agreed that any or all of the consumer guarantees under Part 3-2 Division 1 Subdivision B of the Australian Consumer Law in relation to the Recreational Activities being regulated and / or administrated by the Supplier are excluded in respect of liability for personal injury and death. In the case of where a consumer guarantee cannot be excluded, the Supplier’s liability shall be limited to the costs paid for membership to the Supplier for my participation in the Recreational Activities.
    5. I, the Participant, agree that, as a pre-requisite to participating in the Recreational Activities, I am required to and shall become a member of theSupplier.
    6. I, the Participant, agree that as a member of the Supplier I will undertake to comply with and in any event agreethat:
      1. I will be bound by the Supplier’s Code of Conduct and Ethics and the Supplier’s Constitution and Rules which can be found on the Supplier’swebsite;
      2. I will comply and be bound by all signs or other directions of the Supplier or its Regional Affiliates during the provision of the RecreationalActivities;
      3. the Supplier and all members of the Supplier (including any Regional Affiliates) will be entitled to the benefits, exclusions and limitations of this Release, Indemnity and Assumption of Risk form as if they are partieshereto;
      4. I will not commence or make any claim or take proceedings in any jurisdiction against the Supplier or any Regional Affiliate as a result of participating in the Recreational Activities now or in the future;and
      5. the Supplier or any Regional Affiliate may cancel or suspend my access to the Recreational Activities in its absolute discretion for non-compliance with these conditions or for reckless or carelessconduct.
    7. No exclusion, restriction or modification of liability in this Release, Indemnity and Assumption of Risk form should be read to limit liability for anything other than for physical harm and psychological harm such as personal injury, bodily injury, mental injury, nervous shock and death. If any provision in this Release, Indemnity and Assumption of Risk form purports to have the effect of excluding, restricting or modifying liability for anything other than for physical harm and psychological harm such as personal injury, bodily injury, mental injury, nervous shock and death, it shall be read down to exclude, restrict or modify liability only in respect of physical harm and psychological harm such as personal injury, bodily injury, mental injury, nervous shock anddeath.
    8. If any part of this Release, Indemnity and Assumption of Risk form shall be contrary to law or void, in whole or in part, it shall be read down to the extent necessary in the relevant jurisdiction for its validity but otherwise shall operate to the full extent permitted by law in each and everyjurisdiction.
    9. I, the Participant, fully understand that the purpose of this Release, Indemnity and Assumption of Risk form is to exclude to the maximum extent permitted by law all liability for physicalharm and psychological harm such as personal injury, bodily injury, mental injury, nervous shock and death. I, the Participant, agree that this Release, Indemnity and Assumption of Risk form must be interpreted to achieve that purpose, and in any dispute, must be interpreted against me and infavour of the Supplier.
    10. I, the Participant, acknowledge and understand that personal accident and life insurance is obtainable and that I waive any subrogated claim or any other claim through me by any insurer in my name or on mybehalf.
    11. I, the Participant, acknowledge and agree that this Release, Indemnity and Assumption of Risk form shall be governed by the laws of the State of Queensland and in the event of any action arising out of or in connection with my participation in the Recreational Activities, any liability on the part of the Supplier shall be extinguished if not commenced within one (1) year of the date that the Recreational Activities were provided.
    12. For the purposes of the Privacy Act 1988 (Commonwealth), I agree that any information concerning me may be used and / or disclosed by the Supplier or at the Supplier’s direction as the Supplier thinksappropriate.

If you want to know what rights you have in relation to this document, you should seek independent legal advice

    RISK WARNING


    Parent or Guardian to Complete if Applicable

    I, the parent or guardian of the applicant, declare: In consideration for permitting the participant to engage in the Activity, I warrant that I have full and complete authority to execute this as a binding and enforceable document and I release and indemnify the SAFA, the operator and any supplier of services and their directors, employees, agents, contractors and insurers against any claim, liability, loss or damage arising out of the participation in the Activity 2. I am over the age of 18 and 3. I have read and understood the Risk Warning and Obvious Risk Notice, which form part of this document, and have conveyed them to the participant.


    I, the Participant, acknowledge that I have read, understood and accept the Risk Warning and Acknowledgment form and that I am electronically executing this document by selecting the check box. I acknowledge that I am about to engage in a hazardous and dangerous activity and I have been fully warned of the risks involved. I declare that I have no disability which would affect the safety of undertaking training flights.