Warning and Risk Waiver

Voluntary participation and recreational activity

  1. I acknowledge, agree and understand my activities at, and my use of, Jamberoo Action Park is for my own enjoyment and leisure and is entirely recreational.

Dangerous Recreation Activity

  1. Attractions at Jamberoo Action Park are dangerous recreational activities within the meaning of` section 5L of the Civil Liability Act and present an obvious risk of harm.

Risk Warning pursuant to section 5M of the Civil Liability Act

  1. I acknowledge, agree and understand that:
    1. I have been warned that I am at risk of suffering personal injury arising from or in connection with my activities at, and my use of, Jamberoo Action Park and its attractions.
    2. The risk of personal injury extends to physical or psychological injury or mental harm (including aggravation, acceleration or recurrence of any physical or psychological injury) including but not limited to friction burns, whiplash, abrasions, bruising, damage to teeth, muscular injury, motion sickness, splinters, loss of consciousness, and broken bones together with soft tissue injuries generally.
    3. The risk of personal injury that I may suffer may arise from or be connected with, but not limited to:
      1. contact or collision with the surface of the ride
      2. contact or collision with another patron;
      3. The movement of the ride (sudden or otherwise);
      4. weather conditions including rain, wind, lightning, heat and cold;
      5. slipping and tripping on floor surfaces;
      6. incorrect use of rides;
      7. swimming
      8. the acts and/or omissions (including negligent acts and/or omissions) of other guests at Jamberoo Action Park;
      9. failure to follow instructions in relation to participation on a ride; and
      10. the unforeseen failure or malfunction of rides.
  1. Use of any Attractions are restricted for Guests with certain physical and/or medical conditions and displayed height requirements. Please check the signage at the entrance to the Attractions for applicable restrictions.
  2. If you are a parent, guardian, carer or person exercising parental responsibility or supervision for the care of a child, person with a disability** or any incapable person (as that term is defined in the Civil Liability Act 2002 (NSW)), you must evaluate these risks before allowing such persons in your control, under your supervision or care to use or engage in any Attraction. By signing this waiver, you agree that you accept these risks at all times for the persons you are legally responsible for and / or for whom you have purchased entry for. This applies whether or not the incapable person is under your control or you are accompanying them at the Attraction.   **A disability includes, but is not limited to, any short or long-term physical, mental or any other impairment that impacts or may impact upon a person’s ability to read, understand and agree to the terms of this warning and risk waiver.
  3. I accept and acknowledge all of the risks identified above, voluntarily and at my own risk. I take full responsibility for the behaviour and conduct of, and risk to, all persons under my supervision or care.
  4. By using or engaging in Attractions I accept these risks and agree that the owners, operators and landlords of Jamberoo Action Park including but not limited to their related parties, directors and affiliates do not have or accept any liability for any injury suffered as a result of you accepting these risks.
  5. I acknowledge that the assumption of risk and warning above constitutes a ‘risk warning’ in respect of all Attractions and the surrounding building and grounds at Jamberoo Action Park for the purpose of section 5M of the Civil Liability Act 2002 (NSW).

General waiver

  1. Jamberoo Action Park including its related parties, directors, affiliates and employees shall not be liable for:
    1. breach of contract (including any express or implied warranty that any recreational activities will be provided with due care and skill); or
    2. negligence; arising from, or in connection with, my attendance at and use of Jamberoo Action Park.

Australian Consumer Law Waiver

  1. I acknowledge that:
    1. it is possible for a supplier of recreational services to ask me to agree that the statutory guarantees under the Australian Consumer Law (ACL) (which is Schedule 2 of the Competition and Consumer Act 2010 Cth), do not apply to me;
    2. I agree to waive my right to sue Jamberoo Action Park (should either be deemed a supplier for the purposes of the ACL) because the recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) were not performed in accordance with the statutory guarantees, in particular the guarantees as to due care and skill and as to fitness for a particular purpose, are excluded; and
    3. the waiver of my rights in clause 9(b) above is limited to liability for:
      1. physical or mental injury (including the aggravation, acceleration, or recurrence of such injury) to me;
      2. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
      3. that may result in harm or disadvantage to me; or
      4. that is or may be harmful or disadvantageous to me.
  1. The above waiver of my rights in relation to the statutory guarantees does not apply to reckless conduct (as defined in the ACL) of Jamberoo Action Park in supplying any recreational services (in the event either is deemed to be a supplier).

Release and Indemnity

  1. To the fullest extent permitted by law, I:
    1. release and will release Jamberoo Action Park from all Claims that I may have or may have had but for this release arising from or in connection with my use of Jamberoo Action Park;
    2. indemnify and will keep indemnified Jamberoo Action Park in respect of any Claim by any other person:
      1. arising from or in connection with my participation in any activities at, or use of, Jamberoo Action Park;
      2. against Jamberoo Action Park in respect of any injury loss or damage arising out of or in connection with my failure to comply with any rules and/or directions from Jamberoo Action Park regarding use of Jamberoo Action Park’s facilities and attractions.

        Save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of Jamberoo Action Park.