Waiver & Release of liability

Please read the form below and review it in its entirety carefully before submitting.

You are responsible for providing accurate and truthful information. Any false or misleading information may be considered fraudulent.

Completion of this form is mandatory to participate in Walk Mornington Peninsula PTY LTD activities.

Please note that this is a legal document that has an impact on your rights

WARNING: HEALTH, SAFETY & WELL-BEING NOTICE FOR BUSHWALKING

Participating in bushwalking activities involves inherent risks that can result in injury or harm to individuals.

It is your responsibility to:

• Ensure that you are physically and mentally fit to participate in the activity.
• Take appropriate precautions to protect yourself from any risks involved in the activity.
• Follow the instructions provided by the leader or guide.
• Alert the leader or guide if you have any concerns or difficulties during the activity.
• Carry any necessary equipment and supplies for the activity.

I understand that bushwalking can be hazardous and that there are risks involved, including but not limited to: slips, falls, encounters with wildlife, exposure to weather conditions, trip hazards, cliff erosion leading to falls and other risks associated with outdoor activities. I acknowledge that these risks may result in injury, illness, or even death.

By participating in this activity, I hereby waive, release, and discharge all claims for damages or liability against Walk Mornington Peninsula PTY LTD its organisers, leaders, volunteers, and any affiliated organisations or individuals, arising from any injury, illness, or death that may occur because of my participation in this activity.

I further agree to indemnify and hold harmless Walk Mornington Peninsula PTY LTD its organisers, leaders, volunteers, and any affiliated organisations or individuals, from all claims, damages, and expenses, including attorneys’ fees, arising from my participation in this activity.

I acknowledge that I have carefully read this waiver and release of liability, understand its contents, and agree to its terms.

Do not participate in Walk Mornington Peninsula PTY LTD activities if you have any of the following:

• Serious health conditions
• Abnormal blood pressure
• Heart conditions of any kind

ATTENTION: YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR-TRADING ACT 2012

As per the Australian Consumer Law [Victoria], you are entitled to certain statutory guarantees when you avail certain goods and services. The supplier named in this form is obligated to ensure that the recreational services provided to you:

• Are rendered with due care and skill.
• Are fit for the purpose which you, either expressly or impliedly, make known to the supplier.
• 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 may ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be acknowledging that your rights to sue the supplier under the Australian Consumer Law and Fair-Trading Act 2012 in the event of any injury or death resulting from services provided not in accordance with these guarantees, will be excluded, restricted, or modified in accordance with the terms outlined in this form.

It is important to note that the change to your rights, as outlined in this form, will not apply in case of 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. Please refer to regulation 5 of the Australian Consumer Law and Fair-Trading Act 2012 for further information.

By signing this form, you acknowledge that you have read, understood, and agree to the terms of this warning.

By purchasing a ticket, you acknowledge that you have read the event in its entirety and have voluntarily chosen to participate in a bushwalking activity organised by Walk Mornington Peninsula PTY LTD and agree to assume all risks associated with the activity.