WAIVER AND RELEASE OF LIABILITY FROM PARTICIPATION IN ACTIVITIES WITHIN NEW SOUTH WALES

In consideration of allowing the above listed children to participate in any coaching, training or other activity (the “Activities”) conducted by Phil Jaques Pro Cricket Pty Ltd ACN 665 024 028 (the “Operator”), the undersigned parent/guardian, themselves and on behalf of the above listed children, represent and warrant to, and agree with the Operator, that:

1. (RISK WARNING AND ACKNOWLEDGEMENT) I acknowledge and agree that my children’s participation in the Activities conducted by the Operator involves participation in a sporting activity, leisure time pursuit or another activity involving physical exertion and is undertaken for the purpose of recreation, enjoyment or leisure. I understand that there are inherent risks, hazards and dangers associated with their participation in theActivities, and that they may suffer serious injury, or even death, as well as property loss or damage as a result of their participation. By signing this Waiver and Release, I acknowledge that this assumption of risk and warning constitutes a “risk warning” for the purposes of the Civil Liability Act 2002 (NSW) (the “NSW Act”).
2. I have voluntarily elected to, and requested the Operator allow the children to participate in the Activities. I acknowledge that the Activities involves participation in a sporting activity, leisure time pursuit or another activity involving physical exertion and is undertaken for the purpose of recreation, enjoyment or leisure. I understand that there are inherent risks, hazards and dangers associated with the children’s participation in the ‘Phil Jaques Pro Cricket Program’, and that the children may suffer serious injury, or even death, as well as property loss or damage as a result of the children’s participation in the Activities.
3. I freely and voluntarily assume all risks associated with the children participating in the Activities including any arising from the negligence of the Operator and acknowledge that the children’s participation is entirely at their and my own risk and that I may withdraw the children from the Activities at any time. If I participate in the Activities in any way whatsoever, I freely and voluntarily assume all risks associated with the Activities (including by the negligence of the Operator) and I will indemnify the Operator Parties against all costs, losses or damages arising from or in relation to my participation.
4. The children are physically and medically fit and have trained sufficiently to participate in Activities. I am not aware of any medical condition, impairment, disease, illness or other reason why any of the children should not participate in Activities.
5. To the fullest extent permitted by law, I indemnify and will keep indemnified the Operator and each of their directors, officers, employees, volunteers, promoters, independent contractors and agents (‘the Operator Parties’) against all costs, losses or damages however caused, arising from or in relation to the children’s participation in the Activities.
6. To the fullest extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth) and section 5N of the NSW Act, the Operator Parties exclude all liability (including in relation to any warranty or guarantee) arising from any loss or damage suffered by me or my children in connection with the Activities, including in respect of any death, physical or mental injury (including aggravation, acceleration or recurrence of such an injury), contraction, aggravation or acceleration of a disease or coming into existence, aggravation, acceleration or recurrence of any other condition or occurrence that is or may be harmful or disadvantageous to me or my children arising from the Activities not being supplied with due care and skill or for any breaches or failure of any consumer guarantees under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the “Australian Consumer Law”) or the NSW Act, or due to negligence by any of the Operator or Operator Parties or for breach of contract.
7. To the fullest extent permitted by law, the Operator Parties’ liability to me and the children for a breach of any non-excludable guarantee is limited to a refund for any fees paid to the Operator in connection with the children’s entry to the Venue.
8. Nothing in this document excludes, limits or modifies the application of the Australian Consumer Law or the NSW Act, or the exercise of any rights or remedies conferred by the Australian Consumer Law or the NSW Act where to do so would contravene the Australian Consumer Law.
9. I consent to the children receiving and to pay for any medical treatment (including without limitation, ambulance transportation) which is considered by the Operator, to be advisable or deemed reasonable before, during or after the Activities. I indemnify and will keep indemnified the Operator for all costs associated with this medical treatment.
10. I am fully responsible for any loss or damage to, the security of my or the children’s personal belongings before, during and after the Activities.
11. I consent to (i) the recording of my and the children’s likeness and/or voice by any means (including but not limited to audio and visual recordings by television cameras and photographers) (together the “Images”), (ii) the collection and use of my and my children’s personal information in accordance with this Waiver and Release and Phil Jaques Pro Cricket Privacy Policy, and (iii) the use of the Images for commercial exploitation and other promotional or public relations purposes, throughout the world of the Images by any means (including but not limited to TV, radio, online and print) by the Operator or their commercial partners without compensation to me or the children (including, recording my children’s participation in the Activities and using the Images at the venue and on the vision screens).
12. I agree to, and will procure that the children obey and accept the rules and any other instructions issued by the Operators at any time and acknowledge that the children each satisfy any eligibility criteria determined by the Operator in relation to the Activities.
13. I agree not to and procure that the children do not do anything which may adversely affect, prejudice or bring into disrepute the reputation of any of the Operator or the venue.
14. I acknowledge that the children’s participation in the Activities is at the sole discretion of the Operator and accept that the Operator may cancel or postpone the Activities or may remove me and/or the children from the venue immediately at any stage if any of us fail to comply with the terms of this release and waiver or otherwise, and I will not be entitled to any refund in relating to any amounts paid by us to participate in the Activities or attend the venue.
15. I acknowledge that the children’s participation in the Activities is not transferable to any other parties.
16. I am a parent or legal guardian of the children listed above and have the authority to bind myself and the children to the terms and conditions set out in this document.

Thank you for your time.