Mad Cow Entertainment – Waiver

This Waiver of Liability (Waiver) is made by the individual undertaking the Activities (Participant, you or your), or the Participant’s legal guardian, where the Participant is under 18 years old or a dependent, with Mad Cow Entertainment ATF Olman Family Trust (ABN 61 278 306 935) (we, us or our).

We have been engaged by a third party (Hirer) to supply and set up equipment and, where applicable operate it, at an event organised by the Hirer. The Hirer has made the equipment available to attendees, including you.

In consideration of us allowing the Participant to use the equipment and take part in the Activities (as defined below), you agree to the terms of this Waiver.

Acceptance

By signing this Waiver, you agree that you have read, accepted and will comply with this Waiver, and that you are either 18 years or older or are signing as the Participant’s parent or legal guardian. If you are accepting this Waiver as a parent or legal guardian of the Participant, you warrant and agree that you have the required authority to consent on behalf of the Participant.

You agree that this Waiver is governed by the laws of Western Australia and you submit to the exclusive jurisdiction of the courts of Western Australia.

Risk

The Participant will be using or participating in activities on or near equipment that we supply for the event, which may include inflatables and bouncy castles, bungee runs, water slides, obstacle courses, gladiator and sumo suit games, dunk tanks, mechanical bull, mini golf, human soccer and other games and equipment (Activities).

Participating in the Activities may expose the Participant to the risk of death, physical harm, personal injury, psychological and emotional harm, physical exertion, disease, illness and/or loss or damage to property which may arise from:

• falls, collisions, being thrown, struck, crushed or entangled, including by inflatable, suits, padding or moving parts;
• overcrowding, overloading or the behaviour of other participants, including those of different ages or sizes;
• sudden movement, spinning, bouncing or bucking, including on the mechanical bull, which may cause head, neck, back or spinal injuries, concussion, fractures and sprains;
• deflation, collapse or movement of inflatable equipment, including from wind, weather or loss of power to the blower;
• wet, slippery, muddy or uneven surfaces, ground conditions and weather, including wind and rain;
• the consumption of alcohol or drugs by the Participant or others;
• third party participants;
• the Participant’s physical fitness level, tiredness or overexertion;
• pre-existing health conditions;
• equipment supplied by us to carry out the Activities;
• the anchoring and set-up of the equipment at the site; or
• any failure to comply with our instructions or directions (including the safety rules for the equipment, the directions of any operator and any direction to stop using the equipment).

You have read this risk warning and you are aware of and voluntarily accept any risk that may arise from the Participant’s participation in the Activities.

Supervision

Where we have set up equipment for the event but do not provide an operator for it, the Hirer is responsible for arranging for the supervision of Participants using the equipment. You agree that the Participant will:

• only use the equipment in accordance with the rules and instructions we have provided or displayed;
• not exceed any stated age, size, weight or capacity limits; and
• stop using the equipment immediately if directed to do so by us, the Hirer or a supervising adult.

Medical Conditions

In the event that you become aware of any medical, physical or psychological condition, injury or impairment that may be detrimental to the Participant’s health, a risk to the Participant’s safety or affect the Participant’s proper and safe participation in the Activities, the Participant must stop participating and you should contact a medical provider.

The Participant must not use any equipment or take part in any Activities if the Participant:

• is pregnant;
• has a neck, back, heart, joint or other condition, or an injury, that could be aggravated by bouncing, falling, impact or sudden movement; or
• is affected by alcohol or drugs.

You agree to notify us, our operator, or the Hirer if we are not operating the equipment, of any pre-existing conditions that may affect the Participant prior to participating in the Activities and to immediately notify us of any injuries that occur while participating in the Activities. You warrant to us that:

• the Participant has the required physical health and fitness needed to participate in the Activities; and
• you know of no medical or other reason why the Participant cannot or should not participate in the Activities.

Exclusion of Liability

Under the Australian Consumer Law (Cth) (ACL), statutory guarantees apply to the supply of services. As the Activities are recreational services, under the ACL, we may ask you to agree to exclude your rights in relation to these statutory guarantees.

To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any loss or liability arising from or in connection with any personal injury or death caused or contributed to by the Participant’s participation in the Activities, except where caused by our reckless conduct.

Nothing in this Waiver restricts or modifies any right or remedy, or any liability, that cannot lawfully be excluded, restricted or modified, or limits any agreement between us and the Hirer.

For any questions or notices, please contact us at:
Mad Cow Entertainment ATF Olman Family Trust (ABN 61 278 306 935)
Email: changedindustries@outlook.com

EXECUTION

PARTICIPANT

Signed by the Participant or their Parent or Legal Guardian:

Name and Signature

Date