Terms of Service

Participant Waiver and Risk Warning

Activities Covered

Tennis, sporting and lifestyle activities and any activities by the Organiser.

Organiser

City Community Tennis Pty Limited (ACN 600 602 364) and its employees, agents, volunteers and contractors, together with local government and all public bodies, landholders, sponsors and suppliers in any way involved in the organisation or conduct of the Activities.

Activity Locations

Alexandria Park tennis courts, Beaconsfield Park tennis courts, St James Park tennis courts, Prince Alfred Park tennis courts, Turruwul Park tennis courts and the Coronation Centre Prince Alfred Park.

You agree to the following:

When playing or participating in activities at City Community Tennis, you are agreeing that you are participating at your own risk and subject to the terms of this Waiver and Risk Warning (Waiver). You declare that:

• You are aware that the Activities may involve rough terrain, obstacles, overexertion, heat, cold and other adverse weather conditions and accidents with other participants or spectators;
• You are mentally and physically able to participate in the Activities;
• You understand that I should not participate in the Activities unless I have trained appropriately and am in good physical condition;
• You will participate within my skill level and capability during the Activities;
• You consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as medical professionals may deem appropriate.

For the purpose of the Civil Liability Act 2002 (NSW) and section 139 of the Competition and Consumer Act 2010 (Cth), you acknowledge that the Activities are ‘recreation services’ and are dangerous and that there is a significant and obvious risk to your health and safety in participating in the Activities. The potential risks include, but are not limited to:

• death;
• physical or mental injury (e.g. twists, sprains, broken bones, spinal injury, paralysis); 
• contraction, aggravation or acceleration of a disease;
• 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: 
• that is or may be harmful or disadvantageous to me or the community;
• that may result in harm or disadvantage to me or the community.

You acknowledge, agree, and understand that the risk warning in the preceding paragraph constitutes a 'risk warning' for the purposes of relevant legislation, including for the purpose of Section 5M of the Civil Liability Act 2002 (NSW). You acknowledge that the Organiser’s liability arising from the Activities is excluded or reduced in so far as is possible as a result of the risk warning.

By signing this Waiver, I acknowledge, agree and understand that, to the full extent permitted by law (including by section 5N of the Civil Liability Act 2002 (NSW) and section 139A of the Competition and Consumer Act 2010 (Cth)): 

• your rights to sue the Organiser in relation to the Activities, if the Activities or associated services were not provided in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded or alternatively limited to a refund of the cost of the Activities; and
• You release the Organiser from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill,

in so far as the Activities result in your death or injury, but not including significant personal injury caused or contributed to by the Organiser.

In addition to any other releases, exclusions and warranties in this Waiver, to the full extent permitted by law, you (including your heirs, successors, executors, administrators, agents and assigns) agree to waive, release and indemnify the Organiser in respect of any losses, damages, claims, injuries, liabilities, costs, charges or expenses whatsoever in connection, directly or indirectly, with your participation in the Activities, including without limitation those arising under statute, tort, contract, common law or equity (including for the Organiser’s negligence).

You acknowledge that you do not have to agree to exclude, restrict or modify or waive my rights against, or release, the Organiser, however the Organiser may refuse to allow you to participate in the Activities.  

Where this Waiver is signed by the Parent/ Guardian/ Supervisor of the Participant, the Parent/ Guardian/ Supervisor consents to the minor’s participation in the Activities and provides the acknowledgements and indemnities in this Waiver in its own right and on the Participant’s behalf. The Parent/ Guardian/ Supervisor must be present and supervise the Participant during the Activities. 

If anything in this Waiver is unenforceable, illegal or void then it is severed and the rest of this Waiver remains in force. The terms of this Waiver are governed by the laws of New South Wales.