Liability Release and Express Assumption of Risks

1.          WARM WELCOME FROM WORROWING JERVIS BAY

1.1        Welcome to Worrowing Jervis Bay and thank you for visiting us! We provide accommodation and offer venue hire for events.

1.2        In this Liability Release and Express Assumption of Risk document, “Worrowing Jervis Bay” means Adrian Robertson Constructions Pty Limited (ACN 060 683 632) trading as Worrowing Jervis Bay (ABN 65 060 683 632) - the owner and operator of Worrowing Jervis Bay, and its related bodies corporate.

2.          WARNING

This is an important document which affects your legal rights and obligations. Please read it carefully and do not agree to it unless you are satisfied you understand it.

3.          RISK WARNING ACCEPTANCE OF RISK, RELEASE AND INDEMNITY

3.1        For and in consideration of Worrowing Jervis Bay, granting me permission to attend and participate in an event at the Worrowing Jervis Bay, or staying at the Accommodation on the Property, I hereby agree to the terms and conditions set out in this document.

3.2        I am visiting Worrowing Jervis Bay at 81 The Wool Road, Worrowing Heights, NSW 2540 (“Property”).

3.3        I understand entering the Property is in a rural area and can be inherently dangerous and that any risk associated with entering the Property and participating in any event is at my sole risk and responsibility. To the full extent allowed by law, Worrowing Jervis Bay’s liability for breach of any term implied this document by any law is excluded.

3.4        I will take care of my own safety and the safety of those connected with me (if any) when I attend the Property, and at all times will follow all directions in relation to emergency and health and safety procedures by Worrowing Jervis Bay, consultants and agents in relation to the Property and any events, facilities or activities offered by Worrowing Jervis Bay.

3.5        I acknowledge and understand that attending the and moving about the Property involves risks that are inherently dangerous, including (without limitation):

a.           the presence of livestock, wildlife and wild animals, which may behave unpredictably and may bite, kick, scratch or otherwise cause injury;

b.          the presence of insects, spiders and other wildlife, including species that may cause allergic reactions, illness or injury;

c.           mobile phone service/reception may be limited on the Property;

d.          the possibility of bushfires;

e.           uneven, slippery, rocky or unstable ground surfaces, including paths, tracks and natural terrain, which may result in slips, trips and falls;

f.            the presence of venomous snakes and other potentially dangerous wildlife on the Property;

g.           dams, waterways and other bodies of water, which may present drowning and other water-related risks;

h.          falling tree limbs, branches and other natural debris, particularly during adverse weather conditions; and

i.            injury, loss or damage arising from a failure to follow directions, warnings or safety instructions given by Worrowing Jervis Bay staff.

3.6        To the maximum extent permitted by law, I hereby release and waive all claims against Worrowing Jervis Bay, associated with the abovementioned risks, from liability for any and all loss, damage, injuries, claims, demands, lawsuit, expenses and any other liability of any kind, of or to me or any other person, directly arising out of, or in connection with my visit to Worrowing Jervis Bay or participation in any event/activity held at the Property or:

a.           any personal, emotional, or mental injury I suffer in the course of attending the Property and, or death that occurred from a known or warned risk;

b.          any loss of my personal property which is stored or left at the Property;

c.           any loss or damage I suffer as a result of the actions or omissions of others who attend the Property with me; and

d.          any loss, damage, injury, cost, charge, or expense, sustained by any other visitor at the Property.

3.7        On-site parking is at my risk. I acknowledge and agree that the place I choose to park is taken at my own risk and that Worrowing Jervis Bay takes no responsibility for any damage caused by the known or warned risk.

3.8        I acknowledge, agree and understand that the risk warning provided in the preceding paragraphs constitutes a ‘risk warning’ of an inherent risk for the purposes of section 5N of the Civil Liability Act 2002 (NSW) and I agree that I undertake any such voluntary risk of my own free will and at my own risk.

3.9        I further agree to hold harmless, indemnify and reimburse Worrowing Jervis Bay from and for any sums, costs, damages or expenses incurred by Worrowing Jervis Bay or paid by them to any person (including me or my insurers) in connection with any accident, loss, damage or injury sustained by me in connection with the inherent and warned risks and my attendance at the Property or participating in any activity provided by Worrowing Jervis Bay on the Property.

3.10      I acknowledge that any recommendation, information, direction or assistance given by Worrowing Jervis Bay, its employees and agents:

a.           is given in good faith and is believed to be accurate, appropriate, and reliable at the time it is given; and  

b.          is provided without any warranty as to accuracy, appropriateness, or reliability.

3.11      I further acknowledge and agree that Worrowing Jervis Bay does not accept any liability or responsibility for any loss suffered as a result of your reliance on such advice, recommendation, information, direction, assistance or service provided.

3.12      If any portion of a release in this document is deemed by a court of competent jurisdiction to be invalid, then the remainder of this release from liability will remain in full force and effect and the offending provision or provisions severed from the document.

3.13      I am over the age of 18 years with full capacity to understand the warning contained in this document, to sign this document on my own behalf and provide my consent.

3.14      I have carefully read and fully understand and agree to the above terms of this document. I am signing this document voluntarily and recognise that my signature serves as complete and unconditional release of liability set out in this document to the greatest extent permitted by law and that it cannot be changed orally.