The activities participated in at Challenge Accepted Pty. Ltd. and any designated additional locations, are adventurous recreational activities, which include the use of laser tag equipment that emits an infrared beam only, Nerf equipment that fires small foam darts as well as toy gel blasters which fire small water gel balls, and these activities are dangerous and contain obvious risks, including but not limited to:
• I may be injured, physically or mentally, disabled, impaired or killed;
• My personal property may be lost, stolen or damaged;
• Other persons participating in such activity may cause me injury or may damage my property;
• I may cause injury to other persons or damage their property;
• The conditions in which the activities are conducted may vary without warning;
• Equipment may fail;
• I may become dehydrated;
• I may be required to travel with other team members in my/ their private vehicle to an offsite location
• I may be required to participate in training located on private property which may include bushland or uneven terrain
• I may be injured or die or suffer damage to my property as a result of negligence, wilful act or breach of contract of Challenge Accepted;
• There may be no or inadequate facilities for treatment or transport if I am injured;
Assumption of Risk-
In consideration of my entry onto the field, private land, or participation of off-site activities, I understand that I, and each participant in the activities, will be engaging in activities involving a real and obvious risk of serious injury (including personal injury), disability, impairment or even death from various causes associated with the abovementioned risks. I voluntarily accept all risks necessarily flowing from my entry onto the field and/or my participation in such activities, which could result in loss of life or injury (including personal injury).
Liability Release, Waiver and Indemnity -
I hereby completely and unconditionally release Challenge Accepted Pty. Ltd. and all persons or corporations associated directly or indirectly with the conduct of activities, including servants, agents, private land holders, representatives and/or officers of any of them, from all claims, demands and proceedings, legal or otherwise, made by me or on my behalf, arising out of my participation and hereby indemnify, hold harmless and will not sue them against all liability (including liability for the negligence and/or wilful acts of them of others) for all injury (including personal injury), death, loss or damage arising out of or connected with my entry onto the field/ entry into a private vehicle or private or public land and/or participation in the activities both on and off-site. I am fully aware that Challenge Accepted Pty. Ltd. and any private property holder, carries no medical insurance for any participant participating in Gelball, Gelsoft or Nerf activities, and that I am solely responsible for securing my own insurance if I so desire. This release and indemnity continue forever, and binds my heirs, executors, personal representatives and assigns. I hereby waive all and any rights or causes of action which I may otherwise have arising out of any loss of life, injury (including personal injury), damage or loss or any description whatsoever which I may suffer or sustain in the course of, or as a consequence of my entry onto the field and/or participation in activities. Challenge Accepted Pty. Ltd. will not be held responsible for valuables misplaced, lost or stolen on the premises.
Equipment and Facilities -
I agree that I will immediately advise Challenge Accepted Pty. Ltd. of any unsafe condition that I have observed. I will refuse to remain on the field and/or participate in the activities until all unsafe condition/s observed by me have been remedied or removed. I acknowledge that reasonable safety precautions will be undertaken by Challenge Accepted Pty. Ltd. such as a pre-game safety brief, sporadic field supervision and eyewear safety checks, but such are a service to me and other participants and not a guarantee of my safety. I am also aware that entering bushland or private land has further inherent risks associated with native flora and fauna including but not limited to native animals, insects and reptiles as well as natural elements such as sun and rain. I understand that as a participant incidents of nature are beyond any control of Challenge Accepted Pty Ltd and any land holders. As such I will take any additional precautions available to me including insect repellent, suitable clothing & sunscreen.
Protective Equipment -
As a participant I hereby agree to wear eyewear or other safety or protective equipment at all times whilst I am taking part in the activities and/or in an area where signed or as otherwise advised. This also includes but is not restricted to insect repellent & sunscreen.
Physical Fitness -
I certify that I am physically fit to participate in the activities in which I will be participating and have not been advised otherwise by a medical practitioner. I do not have any possibly relevant pre-existing medical or physical conditions which have not been disclosed to Challenge Accepted Pty. Ltd. and the activities organisers. I understand that it is a condition of entry onto the field that I have a duty to disclose to Challenge Accepted Pty. Ltd. any relevant pre-existing medical or physical conditions and my silence regarding the issue will be relied upon by them as a positive indication that I am physically fit to participate in the activities.
Medical Treatment -
I consent to receiving any first aid or medical treatment that Challenge Accepted Pty. Ltd. considers reasonably necessary during or after the activities.
Personal Property -
I hereby acknowledge that I have the sole responsibility for my personal property.
No alcohol or intoxicating substance shall be consumed onsite or any location during gameplay or training. Challenge Accepted Pty. Ltd. reserves the right to refuse entry or remove anyone that is intoxicated from this activity
Name and Likeness Release -
I understand that whilst on the field and/or participating in the activities I may be photographed or videoed. I hereby grant permission to Challenge Accepted Pty. Ltd. to use my name, image and likeness in direct connection with the activities for promotional broadcasting or reporting purposes in any and all manner and media.
Legally Binding Nature -
I acknowledge the terms and conditions of this document are contractual in nature, are intended to have legal effect and are not a mere warning or recital. Before signing this document, I have read and understood and know it affects my legal rights.
Free Will -
Challenge Accepted Pty. Ltd. is not responsible for my decision to participate in the activities and I was not induced by Challenge Accepted Pty Ltd. to do so. I am signing this Agreement of my own free will.
Ongoing Effect -
I understand that this Agreement will continue in operation until such time as Challenge Accepted Pty. Ltd. terminate it or the Agreement is terminated by law.
If any provisions of this Agreement should be judged invalid, unlawful or unenforceable for any reason by a Court of competent jurisdiction, such invalidity or unenforceability or illegality (unless deletion of such provisions or provisions would substantially alter the intentions of the parties, expressed or implied) will not affect the operation, construction or interpretation of any other provisions of this Agreement to the extent that the invalid or unenforceable or illegal provisions will be treated for all purposes severed from this Agreement.
Variation of Agreement -
No waiver or modification of or addition to this Agreement of any party or any provisions of this Agreement shall be binding on as Challenge Accepted Pty. Ltd. unless in writing and signed by the it. The failure of either party to take advantage of any default or violation of the covenants or conditions of this Agreement on the part of the other shall not constitute a waiver thereof or relinquishment of the right to require strict performance by the other party. This Agreement supersedes all prior representation, arrangements, understanding and agreements between as Challenge Accepted Pty. Ltd. and I relating to the subject matter hereof and sets forth the entire, complete and exclusive agreement and understanding between us relating to the matters to which this Agreement relates. I hereby acknowledge this release from liability as listed above. I hereby assume all risks connected therewith and consent to participate in the sessions. I agree to disclose my physical limitations, disabilities, ailments, or impairments which may affect my ability to participate in the sessions. I further declare the information I provided is true and correct.