Online Terms of Participation

1. RISK WARNING AND ACKNOWLEDGEMENT

1.1 The Y runs various Action Sports activity sessions across a multitude of locations in Victoria including but not limited to recreational or competitive cycling, skateboarding, inline skating, scooter, as well as other additional activities (collectively, Activities). 

1.2 This Waiver and Release applies only in respect of the Activities and not any other goods and/or services supplied by The Y to You.

1.3 Your access to and participation in the Activities run by The Y may involve significant risk. The risks involved may result in personal injury, death or loss of or damage to property. Prior to undertaking any Activities run by The Y, You should ensure You are aware of all the risks involved and the risks associated with any health conditions You may have.

1.4 By [ticking the "I accept" button] You acknowledge, agree and understand that participation in the Activities run by The Y may involve risk. You agree and undertake any such risk voluntarily. You also acknowledge that this document constitutes a 'risk warning' in accordance with any relevant legislation including the Wrongs Act 1958 (Vic).

1.5 If You or Your parent or guardian refuse to [confirm your acceptance] of this Waiver and Release, The Y may in its absolute discretion refuse to allow you to participate in the Activities.  

1.6 If You are under 18 years of age, Your parent or legal guardian (Guarantor) agrees to guarantee and provide an indemnity for all of Your obligations under the Waiver and Release as provided in clause 3.3(k).

2.1 [If You confirm your acceptance], You will be agreeing that Your rights to sue The Y under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out herein, if You are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.  

2.2 Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that The Y is required to ensure that the recreational services it supplies to You-

1. are rendered with due care and skill; and
2. are reasonably fit for any purpose which You, either expressly or by implication, make known to The Y; and
3. might reasonably be expected to achieve any result You have made known to The Y.

2.3 Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this Warning.

2.4 NOTE: The change to Your rights, as set out herein, does not apply if Your death or injury is due to gross negligence on The Y'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 2022 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

3.2 For the purposes of this Waiver and Release any reference to The Y also includes a reference to The Y's employees, officers and agents.

1. You will only perform the Activities in accordance with your level of ability;
2. You do not suffer any significant health issues that may impact Your ability to participate in the Activities;
3. You accept and voluntarily assume all risks associated with the accessing and participating in the Activities (including known and unknown risks, not limited to, physical trauma, strains, bruises, sprains, muscle tears, broken bones, cuts and other serious personal injury such as, cardiac injuries and heart attacks, permanent disability, paralysis and death, as well as damage to or loss of personal property, all of which may be caused by Your own actions or inactions or the actions or inactions of others and the conditions in which these activities takes place, or The Y's gross negligence;
4. to the extent permitted by law, You waive any rights that You may have to make any claim against The Y in connection with Your access to and participation in the Activities, and release The Y from any claims, liabilities, loss and damage in connection with Your attendance at or participation in the Activities including in respect of death or injury;
5. You agree to indemnify The Y and its employees, officers and agents against all or any claims, loss, liability, damage or expense (including legal fees) incurred by The Y in connection with attendance at or participation in the Activities, however caused. Your liability will be reduced to the extent The Y's reckless conduct caused or contributed to the loss;
6. to the extent that the Activities constitute "recreational services" under s 139A(2) of the Competition and Consumer Act 2010 (Cth) You agree that other than where The Y has engaged in reckless conduct, The Y will not have any liability for any death, physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or the contraction, aggravation or acceleration of a disease or the coming into existence, the aggravation, acceleration or the reoccurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to You that is or may be harmful or disadvantageous to You or the community or that may result in harm or disadvantage to You or the community;
7. subject to clause 3.3(i), nothing in this Waiver and Release applies to the extent that it would have the effect of excluding or limiting any non-excludable rights You may have under the Competition and Consumer Act 2010 (Cth) or otherwise under law;
8. this Waiver and Release is given in favour of The Y as well as the following parties jointly and severally Y's partners in respect of the Activities, including (as relevant) the Victorian Skateboard Association Inc (VSA), Skate Australia Limited (SA), AusCycling Limited (AC), and any relevant local government authority or council covering the area in which each activity is held;
9. for the avoidance of doubt, the releases in this document are intended to exclude Your rights under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law and all other rights which may legally be excluded;
10. the Guarantor to the extent permitted by law or as otherwise specified in this document:

1. and subject to clause 3.3(j)(iv), acts as Your Guarantor and unconditionally and irrevocably guarantees the performance of all of Your obligations under this Waiver and Release;
2. and subject to clause 3.3(j)(iv), indemnifies The Y against any loss You suffer in relation to the performance or non-performance of Your obligations under this Waiver and Release;
3. waives and excludes all rights on Your behalf that You may have against The Y in respect of any claim in respect of injury or death or any other loss, damage or claim suffered or incurred by You arising from or in connection with participation in the Activities;
4. the Guarantor shall be entitled to assert all rights, defences, limitations and exclusions that You are entitled to under this Waiver and Release (or would have been entitled to under this Waiver and Release if it were enforceable against You, where not enforceable), including any set-off or counterclaims that You are (or would have been) entitled to assert under this Waiver and Release, but excluding any defences arising from the invalidity, unenforceability or illegality, in whole or in part, of any of this Waiver and Release (including any unenforceability against You, or any other documents creating, representing or evidencing Your obligations, or defences arising from the bankruptcy or other similar proceeding affecting You(if relevant).
   
   

4. Purchasing a Skate Park Session 

4.1 You may purchase a Session under these Online Terms of Participation [as a guest or by creating an account with us]. 

4.2 You must populate the [online booking form] with Your [name, phone number, e-mail address, credit card details] and any other ordering information specified on the Website.

4.3 We will debit Your preferred payment method once you click on the ["Pay now / confirm"] button.

4.4 It is Your responsibility to ensure all of Your details are correct. 

5.1 You may book an Action Sports Program described on the Website.

5.3 It is Your responsibility to ensure all of Your details are correct. 

6. Under 18

If You are under 18 years of age and participate in a Session or Program, You: 

1. must, at all times, be accompanied and appropriately supervised by a parent or guardian; and
2. acknowledge and agree that any supervision provided by any of Our officers, employees, agents, contractors, consultants and volunteers (Personnel) is in addition to and not in lieu of parental or guardian supervision.
   
   

7. Health and medical

7.1 You agree that You are adequately prepared, both physically and medically, to participate in the Session or Program You select. You agree that You are not aware of any illness, injury or any other physical disability or impairment which may cause You or any other person injury or death while participating in a Session or Program. If You are unsure about Your physical or medical suitability, You should seek advice from Your doctor prior to participating.

7.2 If You suffer any injury, accident or illness while participating in a Session or Program and cannot consent to reasonable medical treatment at the time, You consent to receiving such medical treatment which any medical and paramedical personnel consider reasonably necessary in the circumstances. This will be at Your cost.

8. Pricing

8.3 The prices listed on the Website are subject to change from time to time. It is Your responsibility to check Our prices on the Website prior to booking a Session. We will not change the price for a booking that has already been accepted by Us. 

8.5 VISA and Mastercard will incur a surcharge of [insert]% on all payments made by credit card.