ACTIVITY WAIVER

Take Shape Adventures
This Policy sets out our liability in relation to your participation in activities, events and other recreational services we offer. In this Activity Waiver “we, us or our” means Take Shape Adventures ABN 93 143 572 294.

Participation in events or activities (‘Recreational Activities’) supplied by Take Shape Health & Fitness Pty Ltd / Take Shape Adventures (‘Service Provider’) may involve significant risks, including the risk of personal injury and death. Particular risks include, but are not limited to:
Hypothermia / heatstroke;
Breaks, Strains, and Trauma;
Fatigue / Exhaustion;
Hypotranemia / Dehydration;
Anxiety / Hypertension
Before you participate in the Recreational Activities, you should ensure that you are aware of, and properly understand, all of the risks involved in the Recreational Activities, and that those risks will include any particular risks associated with any health condition or pre-existing disability from which you suffer.
By signing this document, you acknowledge, agree and understand that you engage or participate in the Recreational Activities voluntarily and at your own risk in full knowledge of the Risks generally and Particular risks described above.
If signing this document as a parent, guardian or responsible person performing parenting responsibilities, you acknowledge and agree that you have explained to the participant that the Recreational Activities provided by the Service Provider may involve risks generally; and the Particular risks described above.
Section 139A of Competition and Consumer Act, 2010 (Cth) permits the Service Provider of the Recreational Activities and associated services to ask you to agree that the statutory guarantees under the Australian Consumer Law(Cth) do not apply to you (or a person for whom or on whose behalf you are acquiring the services to engage in the Recreational Activities).
By signing this document, you acknowledge, agree and understand that, to the full extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth)):
Your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the Service Provider, its servant and agents, in relation to the Recreational Activities if the Recreational Activities or associated services were not provided to you in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded, restricted or modified as set out below; and
You (or the person for whom or on whose behalf you are acquiring the services) release the Service Provider, its servant and agents, from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill.
By signing this document, you acknowledge, agree and understand that, to the full extent permitted by law, the liability of the Service Provider in relation to recreational services and activities (as that term is defined in the Australian Consumer Law (Cth) and any similar state laws) for any:
death;
physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
the contraction, aggravation or acceleration of a disease;
the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
that is or may be harmful or disadvantageous to you or the community;
that may result in harm or disadvantage to you or the community;
that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities is excluded.
By signing this document, you acknowledge, agree and understand that:
The Service Provider will permit you to participate in the Recreational Activities, and provide you with the associated services, in part in consideration of you signing this document;
The Service Provider may rely on this document in any proceedings commenced in any Court by me or by my heirs, executors and assigns;
You do not have to agree to exclude, restrict or modify or waive your rights against, or release, the Service Provider, its servants and agents, from any claims by signing this document, however the Service Provider may refuse to allow you to participate in the Recreational Activities, or to provide you with the associated services, if you do not agree to exclude, restrict, modify or waive your rights against, or release, the Service Provider, its servants and agents, by signing this document. Even if you sign this document, you may still have further legal rights.

CONTACT US
If you have any questions about this waiver, our practices, pricing and payments, or any other dealings with our staff, please contact us at:
hello@takeshapeadventures.com.au
Or write to
PO Box 5005
Alphington, Victoria 3078
Australia