Free Activity Waiver

OUR POLICY FOR FREE HUMDRUM ACTIVITIES

We are so excited to be having fun! Before we do, there are some important things for you to read below. Please read carefully, and let us know if you have any questions before attending. No signature is required — by attending or participating in the Activities, you accept and agree to be legally bound by this Waiver.

The waiver (Waiver) is entered into between The Basic Company Pty. Ltd. (ABN 57 622 465 150), t/as Humdrum (we, us or our) and you, (where the individual is under 18 years old, or is 18 years or older but does not have the mental capacity at law to enter into this Waiver (Dependent)), as applicable (you or your), together the Parties and each a Party.

1. Acceptance

You accept this Waiver — without the need for a signature — by attending or participating in the Activities, or by allowing your Dependent to attend or participate in the Activities. By accepting this Waiver, you indicate that:

you have had the time and opportunity to read this Waiver and contact us if needed, that you have read, accepted and understand what you are agreeing to, and that you are 18 years or older;
if you are accepting this Waiver as a parent or legal guardian of a Dependent, you are consenting to this Waiver on behalf of your Dependent; and
you have read, and agree to abide with, our Terms and Conditions of Entry which are available on our website.

You must not accept this Waiver if you are a Dependent and do not have the consent of a parent or legal guardian. If you do not agree to this Waiver, you must notify us immediately using the contact information below and must not attend or participate in the Activities.

2. Risk warning

You or your Dependent will be attending training or recreational activities (Activities) at our Premises/online or other premises.

You or your Dependent are not our client and are not engaging us or paying us to provide services/training to you or your organisation.

We only provide the training/activity and do not moderate or supervise any individual who participates in the Activities.

Participating in the Activities may expose you or your Dependent to the risk of death, physical harm, personal injury, psychological and emotional harm, physical exertion, serious injury, disease, illness and/or loss or damage to property including personal property. The risk of death, physical harm, personal injury, psychological and emotional harm, physical exertion or serious injury, disease, illness and/or loss or damage to property (including personal property) may arise from, but is not limited to:

our acts or omissions or the acts or omissions of third parties;
third party participants including fellow participants;
third party providers of the Activities;
you or your Dependent's physical fitness level, tiredness or overexertion;
you or your Dependent's pre-existing health conditions;
travelling via car or public transport, including buses, trains or airplanes;
adverse weather conditions;
rough terrain and obstacles (including ditches, uneven ground and mud);
equipment supplied by us to carry out the Activities; or
any failure to comply with our instructions or directions, or those of any third party provider of the Activities.

You acknowledge and agree that death, physical harm, personal injury, psychological and emotional harm, physical exertion, serious injury, disease, illness or loss of or damage to your or your Dependent's personal property may arise from your, your Dependent's or another party's acts, omissions or negligence. You have read this risk warning and you are aware of and voluntarily accept any risk that may arise from your Dependent's participation in the Activities.

3. Warning under the Australian Consumer Law (Cth), Civil Liability Act 2002 (WA)

If you or your Dependent has undertaken to participate in one of our trainings/Activities for the purposes of recreation, enjoyment or leisure, the participation in the Activity will be considered a recreational activity and this clause will apply to you or your Dependent.

By accepting this Waiver, you agree that you have read the risk warning in clause 2 above and you are aware that your or your Dependent's participation in the Activities may be a recreational activity and that it can be inherently dangerous. You accept that there is a degree of risk and you acknowledge that by participating in the Activity or consenting to your Dependent participating in the Activities you do so at your Dependent's own risk.

By accepting this Waiver, you agree to release us and any affiliates and all parties associated with organising the Activities from any responsibility or legal liability for death or personal injury associated with you or your Dependent's participation in the Activities. This release does not apply to significant personal injury caused by our reckless conduct.

4. Rules

You agree to comply, and ensure your Dependent complies, with the following rules at all times, noting that any failure to comply with our rules will allow us to refuse you or your Dependent's participation in the Activity. You agree to:

prior to participation in the Activities, disclose to us any medical or health conditions that may impact or impair you or your Dependent's ability to participate in the Activities;
not be, and not allow your Dependent to be, under the influence of alcohol or prohibited drugs;
not allow your Dependent to engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you, your Dependent, us or any third party;
comply and ensure your Dependent complies with any of our safety advice and processes and those of any third party provider of the Activities;
immediately notify us if you or your Dependent is harmed or injured, or observe any third party being harmed or injured; and
comply and ensure your Dependent complies, with all of our reasonable instructions and directions.

5. Release and indemnity

Despite any provision to the contrary, to the maximum extent permitted by law:

you warrant that you have not relied upon any warranty, representation, statement, offer or documentation made or provided by or on behalf of us;
you agree that this Waiver excludes all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in this Waiver; and
you hereby forever discharge and voluntarily release us (and our contractors, agents and employees) and any person directly or indirectly associated with us, against any and all loss, cost, damage, expense, liability (including liability for negligence and the negligence of others) claims, demands and proceedings of any kind arising from or connected with this Waiver, your or your Dependent's participation in the Activity, whether those claims were known, or capable of being known, at the date of this Waiver.

This clause 5 will survive termination of this Waiver.

6. Warranties

You represent and warrant that:

there are no legal restrictions preventing you from agreeing to this Waiver;
any information you provide to us is true, correct and complete;
where you or your Dependent has any medical, physical or psychological conditions, you or your Dependent have received consent from a medical professional to participate in the Activities or your Dependent will refrain from participating in the Activities;
you or your Dependent has the required physical health and fitness needed to participate in the Activities;
if you are a Dependent, you have the permission of a parent or guardian to participate in the Activities; and
if you are a third party providing consent on behalf of an individual taking part in the Activities, you:
- are the individual's parent or legal guardian; or
- have obtained consent from the individual's parent or legal guardian to provide the individual's consent.

7. General

Governing law: This Waiver will be governed by and construed in accordance with the laws for the time being in force in the state of Western Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of Western Australia.

Severability: If any part of this Waiver is found to be invalid or of no force or effect under any applicable laws, executive orders or regulations of any government authority having jurisdiction, this Waiver will be construed as though such part had not been inserted herein and the remainder of this Waiver will retain its full force and effect.

Joint and Several: An obligation or liability on two or more Parties to this Waiver will bind them jointly and severally.

Contact us

For any questions or notices, please contact us at:

The Basic Company Pty. Ltd. (ABN 57 622 465 150), t/as Humdrum
Address: 123 South Street, South Fremantle, Western Australia 6162, Australia
Phone: 08 6500 0256
Email: info@humdrum.au

Acceptance by attendance — no signature required

You do not need to sign this Waiver. By attending or participating in the Activities described in this Waiver — or by allowing your Dependent to do so — you confirm that you have read this Waiver and understand its contents, including the exclusion of liability and assumption of risk, and you agree that you (or your Dependent) will attend and participate in the Activities at your own risk.

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