I am the participant named above and in regards to Exodus Battle LARP Pty Ltd and their Directors, employees, agents, referees, volunteers (“The Organisers”) providing services and/or equipment to enable me to participate in Activities produced and/or organised by Exodus Battle LARP Pty Ltd, I agree to the following:
1. I acknowledge and understand that I am entering into a legally binding contract.
2. I will comply with all rules and directions provided by The Organisers including, but not limited to:
- adhering to safety instructions provided on the Exodus Battle LARP website exodusbattlelarp.com, in the Exodus rulebook on the same website;
- adhering to lawful instruction given by the Organisers.
3. I understand, acknowledge and agree that:
- I will exercise due care and consideration while participating in the Activities;
- the Activities are dangerous and may result in serious injury, and my participation in the Activities and my use of any equipment related to those Activities involves inherent risks that will sometimes occur;
- the Activities require physical fitness, skill and mental alertness;
- my participation in the Activities and my use of such equipment may result in my injury or illness including but not limited to bodily injury, disease strains, fractures, partial and/or total paralysis, eye injury, blindness, heat stroke, heart attack, death or other ailments that could cause serious disability;
- these risks and dangers may be caused by negligence on the part of the Organisers, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes.
- these risks and dangers may arise from foreseeable or unforeseeable causes;
- the Organisers have not made any representations in respect to the adequacy of my skills, level of physical or mental fitness, psychological state or any other capacity in relation to my participation in the Activities;
- I have made or will make full disclosure in writing to the Organisers about health issues or other relevant matters of any kind concerning me and which might reasonably be expected to impact upon my ability to participate in the Activities; and
- I participate in the Activities solely at my own risk.
4. In regards to equipment that I provide and use in relation to participation in such Activities I agree that:
- I am responsible for the safe use, storage, and upkeep of said equipment;
- the equipment will be of suitable quality, durability, and kept in good repair so as to mitigate the risk of causing harm to myself or another participant;
- the equipment will not be made to specifications contrary to state and federal law;
- the equipment will not be made to specifications contrary to those set out in Exodus’ rules;
- the equipment will be submitted for inspection to the Organisers on request;
- the equipment will not be used by any participant if the Organisers deem the equipment to be unsafe or inappropriate for use in the Activities.
5. I further acknowledge and agree that:
- participation is prohibited for persons with a blood alcohol reading of 0.05 or higher as per the Exodus Battle LARP Alcohol and Drug Policy as can be found on the Exodus Battle LARP website; and
- participation is prohibited for persons under the influence of illicit substances as per the Exodus Battle LARP Alcohol and Drug Policy as can be found on the Exodus Battle LARP website;
- failure to adhere to rules and directions of the Organisers may result in termination of my permission to participate in Activities for any time period specified by the Organisers without rights to refunds, reimbursements or compensation.
6. I release and hold harmless the Organisers from all liabilities arising from my participation in such Activities and from my use of any equipment provided by the Organisers including, but not limited to, any and all claims, actions, demands or losses for bodily injury, death, and loss or damage to property which I may have now or at any time in the future (including where such claims, actions, demands or losses arise from any negligent act or omission to act by the Organisers).
7. I agree to indemnify, defend and hold harmless the Organisers from any and all third party claims, liability, damages of every kind of nature whether known or unknown and/or costs (including, but not limited to, legal costs) arising from or in any way related to my participation in the Activities and my use of any equipment provided by the Organisers.
8. The Organisers are not obliged to organise activities and may cancel or amend the time, location and/or nature of the activities at any time.
9. Tickets to participate in activities may not be transferred without permission from the Organisers.
10. I request and agree that first aid or other appropriate medical treatment be administered to me in such manner as the Organisers shall deem necessary. In such an event, I agree to indemnify, hold harmless and forever discharge the parties listed above for all injury or damage incurred in the course of administering the First Aid.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC)
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 section 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.
- confirm that I am over the age of eighteen years and that I am the Parent/Guardian of the participant;
- acknowledge that I have read and clearly understand each of the conditions hereof;
- warrant and declare that the information set out in this document is true and correct in every particular;
- acknowledge that I accept full liability and responsibility for the actions of the participant during their use of the activity facilities/equipment and will ensure they comply with the above terms and conditions; and
- indemnify and will keep indemnified the Organisers from all actions, claims, demands or proceedings made by or on behalf of the participant or any third party acting on behalf of the participant.
- will provide a signed written letter of consent as Parent/Guardian of the participant to be presented to the Organisers prior to participation.
Minimum player age is 16 years. Players aged 16 or 17 years must present the written consent of their parent/guardian when attending their first game.