Office of Sport
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Penrith Whitewater Stadium is managed and staffed by the Office of Sport.

Voluntary participation

  1. I acknowledge, agree and understand that my participation in any activity at, and my use of any facilities at, Penrith Whitewater Stadium are or will be:
    1. entirely voluntary in nature and at my own risk;
    2. for recreational or competitive purposes;
    3. associated with significant risk of personal injury;
    4. carried out in a proper and orderly manner;
    5. in accordance with the permitted use of Penrith Whitewater Stadium.

Risk warning pursuant to section 5M of the Civil Liability Act 2002 (NSW)

  1. I acknowledge, agree and understand that:
    1. the types of activities undertaken at Penrith Whitewater Stadium which carry significant risk of personal injury include (but are not limited to):
      1. whitewater rafting;
      2. canoeing;
      3. kayaking;
    1. during my participation in any activity at Penrith Whitewater Stadium, certain risks or dangers may occur which can include (but are not limited to):
      1. physical exertion which I am not accustomed to;
      2. all kinds of bodily injuries and diseases;
      3. hazards of travelling in a raft, canoe or kayak in rough river conditions, using paddles or other equipment, including (but not limited to):
        1. being thrown into unfamiliar water(s);
        2. collision with obstacles or other participants;
        3. drowning;
        4. other foreseeable risks related to whitewater activities and other activities in, on or around water.
      4. extremes of weather and temperature which may involve sudden and unexpected change;
      5. possibility of accident or illness requiring assistance of medical services.
    2. warning has been given to me about the risk of suffering personal injury or death arising from or in connection with my participation in activities at, and my use of, Penrith Whitewater Stadium;
    3. the assumption of risk and warning in clause 2 constitutes a ‘risk warning’ in respect of all activities at Penrith Whitewater Stadium for the purposes of section 5M of the Civil Liability Act 2002 (NSW).

Conduct on premises

  1. Whilst on the Penrith Whitewater Stadium premises under the care, control or operation of the Office of Sport, I agree to:
    1. act as would a reasonably prudent person when engaging in recreational activities, and to obey and follow the instructions, rules and regulations offered at any time at Penrith Whitewater Stadium by the Office of Sport’s agents, employees and associates;
    2. use all facilities and equipment at Penrith Whitewater Stadium in a reasonable manner and for their intended purpose(s);
    3. not participate in any recreational activity offered at Penrith Whitewater Stadium whilst intoxicated or under the influence of alcohol or drugs;
    4. notify Office of Sport staff at Penrith Whitewater Stadium immediately of any incident or accident involving personal injury or illness experienced during the course of any recreational activity at Penrith Whitewater Stadium;
    5. leave personal identification including name and address with an agent or employee of the Office of Sport at Penrith Whitewater Stadium for use if any injury or illness occurs during the course of my participation in any activity at Penrith Whitewater Stadium;
    6. an employee or agent of the Office of Sport arranging medical treatment and emergency evacuation service(s), at my own cost, if I suffer injury or illness, as shall be considered necessary for my safety.
  2. I declare that I:
    1. am able to swim; and
    2. do not suffer from any illness, ailment or incapacity that may hinder or affect my ability to swim or which may prevent me from participating in any activities arranged or undertaken at Penrith Whitewater Stadium.

General waiver

  1. I acknowledge and accept:
    1. that the enjoyment and excitement of any activity at Penrith Whitewater Stadium is derived in part from risks inherent in the activity which may exceed those commonly accepted at home or at work;
    2. all the inherent risks of my activity, and the possibility of personal injury, loss or property damage resulting therefrom;
    3. the Office of Sport and its employees, agents or contractors make no representations, promises or warranties about the suitability or fitness for purpose of facilities or equipment at Penrith Whitewater Stadium.
  2. I waive all claims, which might arise against, and agree not to sue, the Office of Sport and its employees, agents or contractors for:
    1. any such injury loss or damage (including illness and death), which might be sustained by me as a result of my participation in any activity at Penrith Whitewater Stadium;
    2. breach of contract (including any express or implied warranty that any recreational services will be provided with due care and skill);
    3. negligence arising from, or in connection with, my attendance at and use of facilities under the care, control and management of the Office of Sport, its employees, agents or contractors.

Waiver in relation to recreational services to which the Australian Consumer Law applies

  1. I acknowledge that:
  1. it is possible for a supplier of recreational services to ask me to agree that the statutory guarantees under the Australian Consumer Law (ACL), which is Schedule 2 of the Competition and Consumer Act 2010 (Cth), do not apply to me;
  2. I agree to waive my right to sue the Office of Sport (should the Office of Sport be deemed a supplier for the purposes of the ACL) because the recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth)) were not performed in accordance with the statutory guarantees, in particular the guarantees as to due care and skill and as to fitness for a particular purpose, are excluded;
  3. the waiver of my rights in clause 8(b) is limited to liability for:
    1. physical or mental injury (including the aggravation, acceleration, or recurrence of such injury) to me;
    2. 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;
      1. that is or may be harmful or disadvantageous to me;
      2. that may result in harm or disadvantage to me.
  1. The above waiver of my rights in relation to the statutory guarantees does not apply to reckless conduct (as defined in the ACL) of the Office of Sport in supplying any recreational services (in the event  it is deemed to be a supplier).

Release and indemnity

  1. To the fullest extent permitted by law, I:
    1. release and will release the Office of Sport from all claims (including legal costs and expenses on a full indemnity basis) that I may have or may have had but for this release arising from or in connection with my use of Penrith Whitewater Stadium;
    2. indemnify and will keep indemnified the Office of Sport in respect of any claim (including legal costs and expenses on a full indemnity basis):
      1. arising from or in connection with my participation in any activities at, or use of, Penrith Whitewater Stadium;
      2. by or against the Office of Sport in respect of any injury loss or damage to person or property arising out of or in connection with my failure to comply with any rules and/or directions from the Office of Sport, its employees, agents or contractors regarding use of Penrith Whitewater Stadium’s facilities.
  2. The releases and indemnities in clause 10 shall not apply to the extent that the loss, damage or injury that is the subject of the claim is caused or contributed to by the grossly negligent act or omission of the Office of Sport.
  3. To the extent permitted by law, the operation of Part 4 of the Civil Liability Act 2002 (NSW) is excluded in relation to all rights, obligations and liabilities arising under or in relation to my involvement with the Office of Sport at Penrith Whitewater Stadium, despite how such rights, obligations or liabilities are sought to be enforced.

Privacy Disclosure

  1. I acknowledge and am informed that:
    1. the Office of Sport located at Level 3, 6B Figtree Drive, Sydney Olympic Park will collect personal information about me if I sign this Acceptance of Risk Agreement and Risk Waiver;
    2. I can gain access to, and seek correction of, this personal information by contacting the Office of Sport on:
      Email: privacy@sport.nsw.gov.au
      Phone: 13 13 02
      Post: Locked Bag 1422, Silverwater NSW 2128
    3. the purpose for the collection of this personal information is for the use in the event of an emergency in which I require urgent medical attention or if the Office of Sport requires me to release or indemnify it under the terms of this Acceptance of Risk Agreement and Risk Waiver;
    4. the provision of this personal information is entirely voluntary however if I do not provide this personal information, the Office of Sport may disallow my participation in any activity at, and use of any facilities at, Penrith Whitewater Stadium;
    5. the Office of Sport may disclose this personal information to the following intended recipients:
      1. persons or organisations which provide medical treatment in the event of an emergency in which I require urgent medical attention;
      2. the Office of Sport’s legal advisors for the purpose of obtaining legal advice.
  2. I hereby irrevocably consent to and authorise the Office of Sport to:
    1. use and reproduce any and all photographs and videos taken of me for any purpose whatsoever at Penrith Whitewater Stadium, without further compensation to me; and
    2. retain all such photographs and videos, including negatives and the like as the property of the Office of Sport.

In entering this agreement, I am not relying on any representations made by or on behalf of the Office of Sport, its employees, agents or contractors but do so of my own free will.

I confirm that I have read and understood this agreement , and it shall be binding upon my heirs, executors, assigns and next of kin.

I acknowledge that my acceptance of this Acceptance of Risk Agreement and Risk Waiver is a condition of my participation in any activity at, and use of any facilities at, Penrith Whitewater Stadium.

I understand that if I do not accept the terms of this Acceptance of Risk Agreement and Risk Waiver, then I am required to immediately leave Penrith Whitewater Stadium

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