PARTICIPANT WAIVER AND RELEASE OF LIABILITY
YOU MAY BE GIVING UP IMPORTANT LEGAL RIGHTS
READ AGREEMENT CAREFULLY BEFORE SIGNING
I , the “participant”, being aware of my own health and physical ability, assume all of the risks involved in participating in any/all activities associated with this event.I understand any risks that may arise from negligence or carelessness on the part of the person/persons or entities involved, and dangerous or defective equipment, maintained or controlled by them.I certify that I am physically fit and have not been advised by a medical professional not to participate in this activity/these activities or physical exercise. I confirm that I have no health- related issues that would prevent my participation in this activity.I agree to comply with the conditions as stated below:
(a) I will abide by the University of Queensland’s policies and procedures at all times, and understand that, if breached, I will put the continuation of my position at the University at risk.
(b) I will abide by the University of Queensland’s Code of Conduct at all times. I understand that a breach of this Code may be considered misconduct which will result in disciplinary action.
(c) I understand that the Association of Postgraduate Students Inc. does not tolerate the use of any illicit substances at this event, or at any other time. If I am caught using these substances, it will result in my termination of affiliation with the Union and may result in police involvement.
(d) I understand and acknowledge that, subject to the policies of the venue. I indemnify the Association of Postgraduate Students Inc. and its agents against any breaches of this policy and accept full responsibility for any costs or damages that may arise out of a failure to comply with this policy.
(e) I understand that participation in the Activity involves inherent risks and I undertake to accept voluntarily responsibility for those risks.
(f) I waive, release, and discharge the Association of Postgraduate Students Inc. from all liability, costs, and damages which could arise from my participation in this event and associated activities, including during my traveling to and from this event and associated activities.
(g) I acknowledge that the Association of Postgraduate Students Inc. is not responsible for the errors, acts or omissions of any party or entity conducting a specific activity on their behalf.
(h) The Association of Postgraduate Students Inc. does not advise participation in any activities not specifically managed by the Association of Postgraduate Students Inc., its agents, or the activity operator, and if I do participate in any such activities, I assume full responsibility for any risk involved. The provisions of this Release are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
(i) Each Participant acknowledges that the Activities involve physical exertion and physical risk and could result in the Participant’s (or another party’s) death, physical injury, mental injury or other impairment.
(j) To the maximum extent permitted by law, each Participant voluntarily agrees to take part in the Activities at the Participant’s risk.
(k) Each Participant understands that the Participant may at any time refuse to take part in an Activity.
(l) Each Participant warrants to the Association of Postgraduate Students Inc. that the Participant has informed the Association of Postgraduate Students Inc. in writing of the existence of any medical condition or impairment that may affect the Participant’s ability to safely take part in the Activities. The Participant must inform Association of Postgraduate Students Inc. in writing if any such medical condition develops during the term of this Agreement.
(m) Each Participant acknowledges and agrees that the Association of Postgraduate Students Inc., its employees, agents or contractors will not be responsible for (and each Participant forever releases Association of Postgraduate Students Inc. from, holds them harmless and waives all rights in respect of) any loss or damage caused to the Participant or any other party in connection with the Activities in the nature of:
a) death or physical or mental injury;
b) the contraction, aggravation, or acceleration of a disease; or
c) the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that may be harmful to the Participant or the community or may result in harm or disadvantage to the Participant or the community, except where that loss or damage is caused by the reckless conduct of Association of Postgraduate Students Inc.
(n) For the avoidance of doubt, Association of Postgraduate Students Inc. and its employees, agents and contractors will not be liable for any loss or damage of a kind described in clauses 5(a) to (c) above which is caused by their negligent conduct, unless that conduct is also reckless conduct.
(o) For the purposes of this Agreement, conduct of a party is “reckless conduct” if the party is aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person and the party engages in the conduct despite the risk and without adequate justification.
(p) Where the Association of Postgraduate Students Inc. provides equipment for the use of the Participant or others taking part in the Activities, each Participant agrees that the Association of Postgraduate Students Inc. will not be liable to the Participant for any loss or damage caused by the use or misuse of that equipment, except where the Association of Postgraduate Students Inc. is in breach of a statutory guarantee granted to the Participant under Part 3-2 of the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or the liability cannot otherwise be excluded or limited by law.
(q) Each Participant indemnifies the Association of Postgraduate Students Inc. and agrees to keep them indemnified in respect of any loss or damage suffered or incurred by the Association of Postgraduate Students Inc. as a result of the Participant taking part in the Activities, except to the extent that the Association of Postgraduate Students Inc. is liable for that loss or damage under this Agreement.
(r) The Participant acknowledges and consents to photographs being taken of the Participant during their participation in club activities. The Participant acknowledges that the Association of Postgraduate Students Inc. owns the photographs and consents to the Association of Postgraduate Students Inc. using the photographs for promotional or other purposes.
(s) Nothing in this Agreement is intended to exclude or limit a Participant’s rights under any law that cannot be excluded or limited, and this Agreement is to be read and construed accordingly.
(t) This Release constitutes the entire agreement between the parties and supersedes any prior oral or written agreements or understandings between the parties concerning the subject matter of this Release.
(u) This Release may not be altered, amended, or modified, except by a written document signed by both parties.
(v) The terms of this Release/Agreement shall be governed by and construed in accordance with the laws of the State of Queensland.
(w) I have carefully read and fully understand all the provisions of this Release and am freely, knowingly, and voluntarily entering into this Release.
By agreeing to the above conditions, I forever release the Association of Postgraduate Students Inc. and its agents from any and all causes of action which may arise during the course of APS x UQISS Mid Sem Trip 2024 (and all other renditions of its name) and agree to bear full responsibility for any liability or costs incurred by the Association of Postgraduate Students Inc. to third parties arising from my own acts or omissions during this period.
