If you sign this form, you acknowledge and agree that, to the maximum extent permitted by law, your rights to bring a claim against Rub-A-Dub Seasoning Pty Ltd and Doom Juice Hospitality Pty Ltd (hereafter collectively referred to as the “Supplier”) may be excluded, restricted or modified in accordance with this form if you are killed or injured while participating in the mechanical bull riding activity.
Mechanical bull riding is a dangerous recreational activity involving a significant risk of physical harm. By participating, you acknowledge that the activity involves inherent and obvious risks, including the risk of being thrown from the mechanical bull, falling, colliding with or being struck by the equipment or other persons, and suffering serious injury, permanent disability or death.
Civil Liability Act 2002 (NSW)
The Supplier relies, to the maximum extent permitted by law, upon the provisions of the Civil Liability Act 2002 (NSW), including Division 5 of Part 1A concerning recreational activities.
In particular, pursuant to section 5N of the Civil Liability Act 2002 (NSW), you agree that any liability of the Supplier arising from a breach of an express or implied warranty that the recreational services supplied to you will be rendered with reasonable care and skill is excluded, restricted or modified to the maximum extent permitted by law.
By signing this form and participating in the activity, you acknowledge that you do so at your own risk and that, to the extent permitted by section 5N of the Civil Liability Act 2002 (NSW), any liability to which that provision applies arising from a failure to provide the recreational services with reasonable care and skill is excluded.
You further acknowledge the obvious and inherent risks associated with the activity. To the maximum extent permitted by law, the Supplier relies upon the protections available under sections 5L and 5M of the Civil Liability Act 2002 (NSW) in relation to obvious risks of dangerous recreational activities and risks that are the subject of a risk warning.
Australian Consumer Law
The mechanical bull riding activity constitutes the supply of recreational services for the purposes of section 139A of the Competition and Consumer Act 2010 (Cth).
Accordingly, to the extent permitted by section 139A, you agree that any rights or guarantees under the Australian Consumer Law relating to the supply of those recreational services, and any liability of the Supplier for failure to comply with those guarantees, may be excluded, restricted or modified in respect of death or personal injury arising from participation in the activity.
Nothing in this form is intended to exclude, restrict or modify any liability, right or remedy that cannot lawfully be excluded, restricted or modified.
This warning is in addition to, and is to be read together with, the release, assumption of risk, indemnity and other terms contained in this waiver.