WAIVER & RELEASE OF LIABILITY
Curtis Kratzmann Group P/L trading as Hive Sports Co & The Pickleball Hive (TBH) – Terms and Conditions
Curtis Kratzmann Group P/L trading as Hive Sports Co & The Pickleball Hive (TBH) is a supplier of “recreational services” (as defined in section 22 of the Australian Consumer Law and Fair Trading Act 2012). The recreational services and facilities provided include, but are not limited to, pickleball courts, court bookings, equipment hire, the condition, layout, construction, design, maintenance and use of the pickleball courts and surrounds, and any other associated sporting activities or similar leisure time pursuits (“recreational activities”).
The purpose of this user acknowledgement is to limit the liability of TBH, its employees, directors, contractors, and agents, and to exclude liability for any personal injury or death to a participant in the recreational activities. By booking a court, joining a session, or otherwise participating in recreational activities at a TBH venue, you agree that the supply of the recreational services and your participation in the recreational activities is subject to the following terms and conditions:
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
Under the Australian Consumer Law, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named in this document is required to ensure that the recreational services it supplies to you:
- are rendered with due care and skill;
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you acknowledge this waiver, you agree that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
Note: This exclusion does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Act.
Assumption of Risk and Exclusion of Liability
You acknowledge that the recreational activities, including court bookings and use of facilities, are dangerous with inherent risks and hazards, including but not limited to slipping, falling, colliding with walls, other people, or the ground, and that as a consequence personal injury (including spinal injury) and sometimes death can occur. You voluntarily assume and accept all such risks and waive the right to sue TBH for any personal injury or death caused by or arising from participation in such activities.
TBH, its employees, directors, contractors, and agents are not liable to you, your dependants, or your legal representatives for personal injury or death suffered by you due to the recreational activities not being supplied with due care and skill, not being reasonably fit for their purpose, for breach of any consumer guarantees applied by the Australian Consumer Law, or due to negligence, breach of contract, or statutory duty by TBH.
You release TBH, its employees, directors, contractors, and agents from all actions, suits, claims, demands, costs and other liabilities in connection with or incidental to your use of the recreational activities, including court bookings, whether caused by the negligence of TBH or otherwise.
You agree to hold harmless and indemnify TBH in respect of all actions, suits, claims, demands, costs, and other liabilities you may have against TBH in connection with or incidental to your use of the recreational activities, including court bookings.
To the maximum extent permitted by law, but subject to the non-excludable consumer guarantees under the Australian Consumer Law, TBH and its employees, directors, contractors, and agents will not be liable in respect of any claim for indirect or consequential loss or damage, including without limitation personal injury, financial loss (such as loss of profits, use of capital or revenue), or for any punitive, exemplary, incidental, or special damages whether liability arises in contract, tort, equity, breach of statute, or otherwise.
Children under 12 years of age must be supervised at all times by a parent or responsible adult guardian. Where you are responsible for such children, you agree to be bound by these conditions on their behalf and directly supervise them at all times.
Participants must be in good health and free from any adverse medical conditions. For safety reasons, pregnant women, customers with pre-existing health issues, or those wearing casts are not permitted to use the facilities or equipment. If in doubt, please seek medical advice.
Participants agree to pay the cost of, and authorise TBH to take all steps reasonably necessary to protect their welfare in the event of personal injury, including emergency medical treatment and ambulance transport.
Participants must comply with all signage or directions of TBH. TBH may suspend or cancel access to recreational activities, including court bookings, at its absolute discretion for non-compliance with these conditions or reckless or careless conduct.
TBH reserves the right to photograph, videotape, and/or record you and/or your child and to use your or your child’s name, image, voice, or likeness in connection with surveillance, publicity, advertising, or promotional materials without limitation.
This agreement is governed by the laws of Queensland.
Any provision of this agreement that is held unenforceable shall be severed to the extent necessary to make the agreement enforceable, and the remaining provisions remain unaffected.
Waiver and Release – Participant Acknowledgement
I have had sufficient opportunity to read this agreement and fully understand its terms.
By booking a court, hiring equipment, or using facilities at TBH for myself or on behalf of another person, I acknowledge that I enter into this agreement as the authorised agent of that person, and they will also be bound by these terms and conditions.
I understand that TBH’s policies may change from time to time and that it is my responsibility to check the current policies. I agree to behave in a manner consistent with TBH’s expectations.
I am responsible for my own property at all times. TBH does not accept responsibility for any property that is stolen, lost, or damaged at its venues. TBH reserves the right to refuse entry to, or remove, any person from the facility for any breach of policies or for any other reasonable cause.
I acknowledge, agree, and represent that I understand the nature of TBH activities, including court bookings, that I am in good health and proper physical condition to participate, and that if at any time I consider conditions unsafe, I will immediately cease participation.
This waiver and release contains the entire agreement between the parties and supersedes any prior written or oral agreements concerning its subject matter. This waiver continues in full force and effect even after termination of the activities conducted by, on the premises of, or for the benefit of TBH.
I have read, understood, and fully agree to the terms of this waiver and release. I acknowledge that by accepting these terms, I give up significant future legal rights.