WAIVER OF LIABILITY - Launceston Basketball Association Inc. (ABN 62263095528)

The "Activity" for the purpose of this waiver is use of the LBA Dr Dish Shooting Machine.          

I wish to participate in Indoor Basketball Activities (the "Activity") offered by Launceston Basketball Association Inc. (ABN 62263095528) (the "Association') at Elphin Sports Centre in Tasmania (the "Premises" By signing this form, and as a precondition to participating in the Activity. I confirm that I have read and understood the following Waiver (the "Waiver") and that I agree to its terms. 

Assumption of Risk

I understand that participating in the Activity entails a wide range of inherent risks of physical injury and I understand that whilst undertaking the Activity there is a wide variety of potential causes of physical injury. These causes include, but are not limited to. slips and falls, being hit by ball/s, improper use of the equipment or poor technique, and accidents or collisions with other users and/or equipment. Having read this Waiver, I confirm that am fully aware of the risks and hazards associated with the Activity, and hereby elect to voluntarily participate in the Activity understanding that it could result in physical injury or death. I also voluntarily assume full responsibility for any risks of loss, property damage or personal injury. including death, that may be sustained by me as a result of participating in the Activity.

Warranty of Physical Fitness

By signing this Waiver and by participating in the Activity, I warrant that I have sufficient physical fitness and am in an appropriate condition to allow me to participate fully in the Activity. I understand that the Association has not made, and will not make. any investigation into my physical fitness or ability to participate in the Activity. and that the Company is relying on this Waiver and my participation in the Activity as a warranty of my physical condition.

Liability Release

In consideration for the Association allowing me to participate in the Activity, and to the greatest extent permitted by law, I (including my executors, my administrators and assigns) hereby release the Association from, and waive any claim, right or cause of action which might acquire to recover from the Association in respect of, any and all liabilities, claims, demands, actions, causes of actions (including negligence, breach of contract or breach of any statutory or other duty of care costs and expenses of any nature whatsoever arising out of any loss, damage, or injury including death, that may be sustained by me or to any property belonging to me in relation to or arising from the Activity or while upon the Premises.

Undertakings

I also agree and undertake:

(a) for myself, my executors, administrators and assigns, to indemnify the Association and its assigns, and at all future times to keep each of them indemnified against all suits, actions, causes of action or other claims or proceedings of whatsoever nature by whomsoever made and however arising whether as a consequence of negligence or otherwise, out of consequence of my activities on the Premises:

(b) to abide by all directions and requirements of the Association: and

(d) if I am signing this form on behalf of a participant of minor age that I, as parent, Guardian or Temporary Guardian with legal responsibility for this participant, do consent and agree not only to his/her release of the Association, but also to indemnify the Association from all liabilities incurred by them as a result of the participant's involvement in these activities.

Application

I agree that this Waiver shall remain in full force and effect for all visits by me to the Premises and that entry into the Premises is conditional upon agreeing to the terms of this Waiver. 

I agree that this Waiver is governed by the laws of the State of Tasmania, and agree that any litigation relating to this Waiver must be instituted in the State of Tasmania.