PARTICIPANT NAME__________________________________ AGE _____SESSION TIME___________
SLIDE MELBOURNE PARTICIPATION CONTRACT
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of
certain goods and services. These guarantees mean that the supplier named on this form is required to
ensure that the recreational services it supplies to you—
•
•
•
are rendered with due care and skill; and
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 sign this form, you will be
agreeing 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: The change to your rights, as set out in this form, 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 of the act or omission. See regulation 5 of the
Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian
Consumer Law and Fair Trading Act 2012.
This is a legally binding contract between me, the undersigned person described in either Schedule 1
(Participant) or Schedule 2 (Lawful Parent / Guardian of the Minor Participant) and Slide the Streets Pty
Ltd ACN 601 093 707 (“Slide”), a supplier of recreational services as defined in the Australian
Consumer Law and as applied in Victoria through the Australian Consumer Law and Fair Trading Act
2012 (Vic).
Slide has provided me with this Contract prior to participation so that I can make an informed decision
regarding my participation with full regard to the risks and consequences.
Recreational Services
1.1
The Recreational Services provided by Slide includes the use of a giant water slide temporarily
assembled along a long stretch of an existing public road so as to enable participants to engage
in the act of sliding down along the length of the slide, together with the use of its surrounds plus
all other associated activities for the specified duration of the event.
Risk
2.1
The following physical attributes of the slide are obvious and evident with regard to risk: the slide
is large, temporarily constructed along an existing hard surface that is a road, subject to a slope
along its course with lots of water upon its surface to facilitate sliding.
2.2
I understand and recognise that the act of sliding requires me to use by holding steadfastly onto
an inflatable air cushion, the progression from an upright standing position into an initial
horizontal descending propulsion, a landing that may involve an abrupt recoil and requires me to
remain securely atop of the air cushion to cushion from the harder surface, and the increase of
acceleration and momentum as I slide along its course. In doing so, the following physical
exertions of participants are obvious and evident with regard to risk: falls, contact with other
participants or spectators, collisions, quick movements, strenuous exertion, unexpected failures
and other mishaps.
2.3
I understand that there are risks that may arise from the acts of other participants and or
spectators that are not condoned by Slide but which may nevertheless still occur, which include
pedestrian traffic generally, irresponsible, unreasonable, excessive, reckless, careless, unkind,
wanton and generally objectionable behaviour whether intentional or unintentional.
2.4
I also understand and recognise other environmental characteristics that may present risks. I am
aware that water quality may be detrimentally affected as a consequence of the continual use of
the slide throughout the specified duration by a large number of participants including but not
limited to the presence of disease, irritants or other substances. Further, I am aware that the
water is chlorinated and there may also be environmental grade detergent used at Slide’s
discretion. I am also aware that that the effects of weather may present risks including but not
limited to higher and lower temperatures and humidity, heat exhaustion, hypothermia.
Own Reasonable Care
3.1
I acknowledge and agree that I myself must and will take reasonable care for my own safety.
Risk Awareness and Voluntary Assumption of Risk
4.1
I acknowledge and agree that the Recreational Services involve an obvious risk of harm. I
acknowledge and agree that there is a risk of personal injury or death. This is the case even
though such an obvious risk may have a low probability of occurring, or, may not be prominent,
conspicuous or physically observable. I have been made aware of the risk of harm. My
participation in the Recreation Services is done so freely with full knowledge and realisation of
the risk of harm, and I have voluntarily assumed the risk of harm.
Exclusion of your Rights to Sue
5.1
I acknowledge and agree that Slide, in supplying the Recreational Services, is not required to
ensure that the Recreational Services:
5.1.1
5.1.2
5.1.3
5.2
are rendered with due care and skill; and
are reasonably fit for any purpose that I, either expressly or by implication, make known to
Slide; and
might reasonably be expected to achieve any result I have made known to Slide.
As a consequence, I acknowledge and agree that, to the fullest extent permitted by law:
5.2.1
5.2.2
my legal rights, whether arising from the statutory consumer guarantees contained in the
Australian Consumer Law, the laws pertaining to breach of contract, the laws pertaining to
negligence, or any other law (whether statute or common law) to sue Slide if I am killed or
injured, are totally and entirely excluded;
the legal obligations of Slide, its directors, employees, volunteers, contractors and agents,
whether arising from the statutory consumer guarantees contained in the Australian
Consumer Law, the laws pertaining to breach of contract, the laws pertaining to
negligence, or any other law (whether statute or common law) toward me if I am killed or
injured, are totally and entirely excluded;
5.3
I totally and entirely exclude, release, hold harmless and forever discharge Slide, its directors,
employees, volunteers, contractors and agents from all and any liability and from all and any
claims, suits, demands, actions or proceedings arising out of or connected with any physical
injury or death in any way whatsoever caused by or arising from participation in the Recreational
Services.
Indemnity
6.1
I fully and completely indemnify Slide against any and all liability, loss, damage, costs or
expenses incurred or suffered by Slide arising directly or indirectly out of or in connection with my
participation in the Recreational Services. I also acknowledge and agree that this indemnity is a
continuing obligation separate and independent from any other obligation contained in this
Agreement and survives termination of this Agreement. To avoid doubt, it is not necessary for
Slide to incur expense or make payment before enforcing this right of indemnity.
Medical Condition
7.1
I:
7.1.1
7.1.2
7.1.3
7.1.4
7.1.5
7.1.6
7.1.7
acknowledge that Slide recommends and encourages that I get medical clearance from
my physician prior to participating in the Recreational Services;
warrant that I do not have any condition (including pregnancy) that would or would likely
result in a detrimental outcome by participating in the Recreational Services;
warrant that I do not have any open wounds or similar injury, and for my safety and that of
other participants, it is my responsibility to inform Slide of any such wound or injury so that
a reasonable and informed determination regarding my continued participation may be
properly made by Slide;
warrant that I have a sufficient level of comprehension, condition, capability and fitness to
enable me to safely participate in the Recreational Services myself (without any
assistance from others because due to the practicalities and physical characteristics of
the slide, Slide cannot allow me to slide if I require the contemporaneous assistance of a
carer or companion) and acknowledge that Slide recommends that I do not participate if I
have any doubts or uncertainties in this regard;
warrant that I am not and will not be affected in any way by alcohol, drugs or medication;
authorise Slide to secure emergency medical treatment and or transportation if deemed
necessary by Slide, and agree to pay for all such medical and or transportation;
acknowledge and agree that it is my duty to inform Slide and cease immediately if I should
feel any discomfort during participation (including but not limited to faintness, shortness of
breath, high anxiety, chest pains) or if I become incapable or unable to safely meet the
rigours of the Recreational Services.
Minors
8.1
This Section applies to the lawful parent or lawful guardian of a Minor Participant (a participant
under the age of eighteen (18) years on the day of the provision of the Recreational Services). I,
the parent / guardian of the Minor Participant:
8.1.1
warrant that I:
8.1.1.1
8.1.1.2
8.1.1.3
8.1.1.4
8.1.2
am at least eighteen (18) years of age;
am the lawful parent or lawful guardian of the Minor Participant;
am acting as a properly and validly appointed agent of the Minor Participant;
have read this Agreement and fully understand its terms, the risks involved and
that the Agreement involves giving up important legal rights that would otherwise
be available if it was not for the existence of this Agreement;
expressly acknowledge and agree:
8.1.2.1 to all of the terms contained in the whole of this Agreement to the full manner and
extent as a party to this Agreement and that any reference to “I”, “me” or
“Participant” includes me as parent / guardian of the Minor Participant;
8.1.2.2 that I fully and completely indemnify Slide against any and all liability, loss,
damage, costs or expenses incurred or suffered by Slide arising directly or
indirectly out of or in connection with a claim by the Minor Participant (or his/her
parent, guardian, personal representatives or assigns) against Slide (and to avoid
doubt, it is not necessary for Slide to incur expense or make payment before
enforcing this right of indemnity);
8.1.2.3 that this indemnity is a continuing obligation separate and independent from any
other obligation contained in this Agreement and survives termination of this
Agreement.
General
9.1
I acknowledge and agree:
9.1.1 that participation is strictly prohibited if this Agreement is not completed in full and validly
signed prior to participation;
9.1.2 to fully comply with and obey the rules and instructions communicated by Slide, its
directors, employees, volunteers, contractors, officers and agents prior to and during the
event;
9.1.3 that any failure to fully comply and obey the rules and instructions of Slide, its directors,
employees, volunteers, contractors, officers and agents may result in my removal;
9.1.4 that I am at over 110cm tall and less than 120kg weight and, for safety reasons, Slide, its
directors, employees, volunteers, contractors, officers or agents may refuse my
participation if they reasonably consider it prudent to do so for safety reasons;
9.1.6 to wear sensible clothing that is securely fitted bearing in mind the physical water activity
involved;
9.1.7 to slide on the inflatable air cushion at all times;
9.1.8 and consent to Slide and the media using and publishing your name and photographs
and/or videos (which may contain your image) recorded during the event in any of its
publications and materials (including written, electronic or multimedia materials) for
documentation, promotional or reporting purposes the need for any without remuneration,
royalties or any other payment.
Slide
EXECUTED BY Slide the
Streets Pty Ltd ACN 601 093
707 by being signed by the
person who is authorised to
sign for the company
Schedule 1: Me, the participant (If over 18 years of age):
Name
Address
Telephone
Date of Birth
/
/
Participant Signature
*ID sighted by staff?
*To verify that participant is 18 years or older*
My emergency contact is:
Name
Mobile Number
Relationship
OR
Schedule 2: Me, the lawful Parent / Guardian of the Minor Participant (If under 18 years of age
who must also act as the Emergency Contact):
Parent / Guardian Details:
Name
Address
Telephone
Date of Birth
/
/
Parent / Guardian Signature
Relationship to minor
Minor Participant details:
Name
Address
Telephone
Date of Birth
/
/