NSPC Waiver

You, hereby agree to be bound by the terms of this contract with NEWCASTLE SPORT PARACHUTE CLUB and the persons named, jointly and severally as, the Providers in the definitions at clause (a) below. The Providers agree to permit you to use their premises, aircraft and facilities for Parachuting Activities and to instruct you in Parachuting Activities upon and subject to the following terms and conditions:

  1. Definitions – in these terms and conditions:
    1. "Claim" means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with any Parachuting Activities, but does not include:
      1. a claim against the APF by any person expressly entitled to make a claim under an APF insurance policy;
      2. a claim against the APF under any right expressly conferred by its constitution or regulations.
    2. "Parachuting Activities" means performing or participating in any capacity, including as a member, in any authorised or recognised APF activities, including but not limited to parachuting, training to parachute, flying in any aircraft being used for or in connection with parachuting and related activities.
    3. "The Providers" means, jointly and severally, in addition to NEWCASTLE SPORT PARACHUTE CLUB, the following providers:
      1. Newcastle Sport Parachute Club Inc and their officers and employees where any Parachute Activities by NEWCASTLE SPORT PARACHUTE CLUB may take place;
      2. The staff (whether paid or volunteers), instructors, jumpmasters, coaches, ground control assistants, target or canopy control assistants, safety officers, parachute packers and riggers, and aircraft operators including but not limited to: (i) Australian Parachute Federation Ltd. and its directors, officers, members, servants or agents; (ii) The New South Wales Parachute Council; (iii) NEWCASTLE SPORT PARACHUTE CLUB; (iv) Mobile Carpet Cleaning Factory Pty Ltd; Hunter Valley Skydivers.
  2. Club Fees – You will pay on demand the prescribed or stated fees for the Parachuting Activities. Such fees may be notified to you verbally or by letter or memorandum or by notice displayed in the Providers’ premises or premises occupied by the Providers.
  3. Federation Fees – Upon executing this contract you will become a member of Australian Parachute Federation Ltd. ("APF"). You acknowledge, agree and consent to becoming a member of the APF. Upon your becoming a member of the APF, the APF Constitution will comprise a contract between you and the APF and you will be bound by it and any regulations, policies or codes made under it (including but not limited to the APF Operational Regulations and Code of Ethics). You shall submit to any disciplinary measures taken against you and shall only appeal any disciplinary decision in the manner permitted under the APF Constitution, policies and regulations. You will pay on demand the prescribed or stated APF membership fees.
  4. Risk Warning and Waiver – Your participation in the recreational activities supplied by the Providers and the APF is inherently dangerous and may involve risk. There are risks specifically associated with participation in the recreational activities and accidents can and often do happen which may result in personal injury, death or property damage. Prior to undertaking any such recreational activity, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have. By accepting this form, you acknowledge, agree, and understand that participation in the recreational services provided by the Providers and APF may involve risk. You agree and undertake any such risk voluntarily and at your own risk. You acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation.
  5. Waiver – A supplier of recreational services or recreational activities can ask you to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities).

    If you accept this form, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the supplier in relation to recreational services or recreational activities that you undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.

  6. For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) and (New South Wales) applies: By accepting this form, you agree that the liability of the APF and the Providers in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and recreational activities (as that term is defined in the Civil Liability Act 2002 (NSW)) for any:
    1. death;
    2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
    3. the contraction, aggravation or acceleration of a disease;
    4. 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:
      1. that is or may be harmful or disadvantageous to you or the community;
      2. that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities;

    is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.

  7. Release and Indemnity – In consideration of the APF accepting your membership application, you, to the extent permitted by law:
    1. release and forever discharge the APF and the Providers from all Claims that you may have or may have had but for this release arising from or in connection with your membership of the APF and or undertaking the Parachuting Activities; and
    2. release and indemnify the APF and the Providers against any Claim which may be made by you or on your behalf for or in respect of or arising out of your death whether caused by the negligence or breach of contract by the APF or the Providers or in any other manner whatsoever; and
    3. indemnify and will keep indemnified and hold harmless the APF and the Providers to the extent permitted by law in respect of any Claim by any person:
      1. arising as a result of or in connection with your membership or undertaking the Parachuting Activities; and
      2. against the APF and the Providers in respect of any injury, loss or damage arising out of or in connection with your failure to comply with the APF’s or the Provider's rules and/or directions,

    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 the APF and/or the Providers.

  8. Insurance – You acknowledge and agree that the fee for undertaking the Parachuting Activities and the fee for becoming a member of the APF does not include personal accident insurance cover. You agree that you are responsible for your own personal accident, medical and/or life insurance and any and all expenses in the event of injury or death. The APF and the Providers do offer personal accident insurance coverage for an additional fee should you choose to take up such limited APF personal accident insurance. If you consider it appropriate to take out such APF personal accident insurance, you acknowledge that before doing so you have taken into account such APF personal accident insurance cover and your own circumstances.
  9. Disclosure of Medical Conditions – You warrant that you:
    1. are and must continue to be medically and physically fit and able to undertake and participate in the Parachuting Activities;
    2. are not a danger to yourself or to the health and safety of others;
    3. have not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells; and
    4. are not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for you to take part in parachuting or flying including undertaking the Parachuting Activities.

    You acknowledge that you must, and you agree that you will, disclose any pre-existing medical or other condition that may affect the risk that either you or any other person will suffer injury, loss or damage. You acknowledge that the APF and the Providers rely on information provided by you and that all such information is accurate and complete. You must inform the Provider if any such medical or other condition arises after you agree to this Parachuting Contract and prior to undertaking the Parachute Activities. You agree to report any accidents, injuries, loss or damage you suffer during any Parachuting Activities to the APF and the Providers before you leave any relevant venue. You acknowledge that if any of the warranties you make under this clause (i) can no longer be made by you on the date you undertake the Parachuting Activities, you must inform the Provider on arrival and before you participate in any Parachuting Activity.

  10. Inherent Physical Contact – You acknowledge and accept that close physical contact with the Providers is inherent in undertaking the Parachuting Activities. You accept such close physical contact is necessary to undertake the Parachuting Activities.
  11. Exclusion of Applicant – You warrant that you have not at any time been excluded from parachuting by a medical practitioner or any person or entity including the APF and its constituent Area Councils and Clubs. You acknowledge and agree that the Providers may demand a medical certificate or opinion as to your fitness from a qualified medical practitioner PRIOR to your undertaking the Parachuting Activities. You acknowledge that if the warranty you make under this clause (k) can no longer be made by you on the date you undertake the Parachuting Activities, you must inform the Provider on arrival and before you participate in any Parachuting Activities.
  12. Safety – You understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during your involvement in undertaking the Parachuting Activities, and you accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance. You agree to follow any rules set by the APF in connection with any Parachuting Activities. If you fail to comply with the APF's rules and/or directions, you will not be permitted to participate or to continue to participate in the Parachuting Activities and no refund will be given. If you suffer any injury or illness, you agree that the APF and/or the Providers may provide evacuation, first aid and/or medical treatment at your expense and that your acceptance of these terms and conditions constitutes your consent to such evacuation, first aid and/or medical treatment.
  13. Parachuting done at Parachutist’s own Risk – Any person parachuting, training to parachute, flying in any aircraft being used for or in connection with parachuting or participating in any activity carried on by NEWCASTLE SPORT PARACHUTE CLUB may only do so on the distinct understanding that they do so entirely at their own risk.
  14. Acceptance – Performance of the Providers’ obligations under the contract may be effected by any one or more of the providers either jointly or severally.
  15. Bar to proceedings – The Providers (or any of them including the APF) may plead this contract as a bar to proceedings now or in the future commenced by or on behalf of you or by any person claiming through you.  Where you seek to commence proceedings against the Providers or any of them, you:
    1. will commence those proceedings in the courts of the jurisdiction in which any incident occurs;
    2. waive any right to object to the exercise of such jurisdiction;
    3. will, where you seek to commence proceedings in another jurisdiction from where any incident occurs, consent (if required by the Providers or any of them) to move those proceedings to the jurisdiction in which any incident occurs including consenting to any application made by the Providers of any of them to remove the proceedings to the jurisdiction in which any incident occurs;
    4. will pay the costs of any application made by the APF and/or the Providers or any of them under paragraph (iii) above and will consent to any application for security of costs made at any time by the Providers or any of them; and
    5. consent to paying the Providers' legal defence costs of the proceedings (on a solicitor client basis) where the Providers successfully defend the proceedings.
  16. Governing Law – The governing law of this agreement is the law of the state of New South Wales ('Jurisdiction'). You irrevocably and unconditionally consent and submit to the Jurisdiction of the courts of the Jurisdiction in which any incident occurs and waive any right to object to the exercise of such Jurisdiction.
  17. Statement of Understanding – You have read, or have had read to you the above conditions and having understood the same, you consent to the activities proposed.
  18. Prevailing conditions – You acknowledge and agree that:
    1. parachuting and the Parachuting Activities can and will be affected by the weather which may change without warning; and
    2. there is often an element of the "luck of the prevailing conditions" when undertaking the Parachuting Activities over which the Providers or any of them have no control;
    3. despite careful packing, the parachute may open abruptly (i.e. experience a hard opening) and the parachutist may suffer an injury (including injuries sustained from a hard landing); and
    4. unintended incidents may occur in flight, in the descent or upon landing.
  19. Use of Image – You acknowledge and consent to photographs and electronic images being taken of you during your undertaking the Parachuting Activities. You acknowledge and agree that such photographs and electronic images are owned by the APF and/or the Providers and the APF and/or the Providers may use the photographs for promotional or other purposes without your further consent being necessary.
  20. Privacy – You understand that the personal information you have provided in your membership application is necessary for the conduct and management of the Parachuting Activities and for the administration of parachuting in Australia generally, and that it is collected in accordance with the APF Privacy Policy (available from http://www.apf.asn.au/Home/Privacy-Policies/).  You acknowledge that the APF may use or disclose your personal information for the purposes of providing you with member services or promotional material or otherwise in accordance the APF Privacy Policy. The APF may share your information with third parties such as affiliates and other organisations involved in parachuting in Australia; companies engaged by the APF to carry out functions and activities on the APF's behalf including direct marketing; the APF's professional advisers, including the APF's accountants, auditors and lawyers and the APF's insurers; however, your information is not generally disclosed to anyone outside Australia. You understand that the APF Privacy Policy contains information about how you may access and request correction of your personal information held by the APF or make a complaint about the handling of your personal information, and provides information about how a complaint will be dealt with by the APF. You acknowledge that your membership application may be rejected if the information is not provided. If you do not wish to receive promotional material from APF sponsors and third parties, you must advise the APF in writing or via the opt-out procedures provided in the relevant communication.
  21. Entire agreement – This agreement (and the documents to which it refers) constitutes the entire agreement between the parties in respect to the Parachuting Activities and supersedes all other agreements, understandings and representations and negotiations with the Providers or any of them in relation to the Parachuting Activities. To the extent that any clause of this agreement is void or unenforceable it is severable and does not affect the remaining provisions of the agreement.

PLEASE NOTE THE FOLLOWING:

If the Competition and Consumer Act 2010 or similar State laws operates so as to prevent the exclusion, restriction or modification of warranties otherwise implied by those laws then the liability of the Provider for breach of warranties is limited to

  1. the re-supply of the parachuting instruction and related activities; or
  2. the payment of the cost of having the parachuting and related activities supplied again.