Terms of Service 1

Terms and Conditions.

University of Queensland Wakeboard and Waterski Club Inc. (UQWWC) is a non-for-profit organisation committed to the love of waterskiing, wakeboarding and wakesurfing which are inherently dangerous activities. The terms below apply to the above named persons’ (You / Your) membership with UQWWC.

You acknowledge that:

1) Membership cooling-off: A cooling-off period of 48 hours from the time of purchase applies to your UQWWC membership, during which time you may terminate your membership by emailing (sec.uqwwc@gmail.com) and receive a full refund, less any QPAY and/(or) card fees.

2) Membership fee: Subject to clause 1, the membership fee is non-refundable.

3) Membership term: a membership will run for the remainder of the calendar year in which it is purchased. 4) Membership inclusions: Subject to the terms of this Agreement, the UQWWC membership provides you with access to: a. Wakeboarding and waterskiing behind the UQWWC boats on Club Days at members rates, and wakesurfing on designated wakesurfing days;

b. UQWWC wakeboards, waterskis, lifejackets and other club equipment, as designated by UQWWC in writing or verbally from time to time;

c. Coaching provided by volunteer UQWWC members on Club Days; and

d. Invitations to UQWWC “member only” club events (if any).

5) Club Days: UQWWC will endeavor to run its club days on most Sundays throughout the year, however this is subject to inclement weather, other club events and the availability of boats, equipment and appropriately qualified volunteers. 6) UQ SPORT & UQWWC Rules & Constitutions: You must abide by:

a. Any rules and regulations relating to the use of UQ SPORT facilities, services and equipment. b. The UQWWC Member Charter (over page).

c. The UQWWC Constitution. You may obtain a copy by asking us.

7) Club activities – your key responsibilities:

a. You are requesting to and agreeing to participate in the sports of waterskiing, wakeboarding, tubing and other associated activities provided by UQWWC (Activities).

b. You warrant to UQWWC that you are physically fit and capable of full participation in the Activities, and that you have made your own assessment and consulted with medical professionals (if necessary) in relation to any previous injuries or circumstances that could impact your ability to participate in the Activities or increase the risk of injury or harm to You by participating in the Activities.

c. You will:

i. follow all lawful directions and policies provided by UQWWC or senior members of the club, as provided orally or in writing from time to time;

ii. wear all appropriate safety equipment at all times while participating in the Activities at the club, including but not limited to a life jacket;

iii. inspect any equipment provided by UQWWC for damage prior to use and will inform the senior members of any existing damage; and

iv. if at any time you feel anything to be unsafe, you will immediately take all precautions to avoid the unsafe area or equipment and refuse to participate further.

v. You must read, understand and sign the “UQ Sport Affiliated Club Participant Waiver” (Waiver) before taking part in any activities. If you take part in any Activities then in doing so you agree to the terms contained in the Waiver.

8) Consent to communications and personal information: you acknowledge and agree that UQWWC and UQ Sport will have access to and may store personal information you provide in this application and in the course of your UQWWC membership. UQWWC will use your personal information as it is necessarily for the purposes of operating the association, undertaking the Activities, conducting Club Events or responding to emergencies or incidents (Permitted Uses). UQWWC will not provide your personal information to third parties except for Permitted Uses or where it is legally required to do so. You consent to UQWWC and UQ Sport sending communications (including physical or electronic communications) or notices to you via the address, email address or other methods arising from the information you provide to UQWWC from time to time.

9) Legal provisions – severability and jurisdiction: If any portion of this Agreement is held invalid, the balance shall continue in full legal force and effect. This Agreement shall be governed by the laws of Queensland and you irrevocably consent to the non-exclusive jurisdiction of those courts in hearing any claim arising from your participation in the Activities.

Member Charter

The following rules are strongly enforced to ensure the enjoyment and safety of people both in and out of the club. Failing to follow them may result in a person(s) removal from the club or club events.

1. The toilets/showers are a common area. Keep them clean, keep showers short and treat it like you would your own home, or better in some cases.

2. No hooning of vehicles, both cars and boats.

3. No operation of boats, or participation in water sports whist under the influence of alcohol.

4. Upon any incident or near miss, please inform a member of the committee so an incident report form must be completed. If you don’t know who we are just ask.

5. Boats must be operated in a way that obeys all current maritime laws.

6. Driving of boats must adhere to our driver policy, no new members are allowed to drive the boats without direct supervision and approval, speak to the a committee member for more information.

7. Strictly no illicit substances at any club event, both on and off UQ premises.

8. No bullying or sexual harassment of any form, the University of Queensland’s bullying and sexual harassment policies are fully enforced.

9. Be respectful to all other users of the UQ rowing, kayak and ski club premises. 10. No littering whatsoever.

11. No borrowing of UQWWC club equipment for personal use.

12. Respect and only use UQWWC club equipment for its intended purpose.

13. While at Lake Moogerah Ski Zone, the LMWSZ rules must be followed at all times, see rules for UQWWC members attending LMWSZ.

14. Challenge yourself during activities, but in safe manner that is unlikely to cause harm to yourself or someone else.

15. Follow the instruction of Executive & Committee at all times

UQ Sport Affiliated Club Sport Participant Waiver

In consideration for UQ Sport Ltd, The University of Queensland and the University of Queensland Wakeboard and Waterski Club Inc. permitting the Participant to take part in activities organised by UQ Sport Ltd, The University of Queensland and/or the University of Queensland Wakeboard and Waterski Club Inc. (the “Activities”), or to use facilities and equipment owned or operated by UQ Sport Ltd, The University of Queensland and/or the University of Queensland Wakeboard and Waterski Club Inc., the Participant agrees with UQ Sport Ltd, The University of Queensland and the University of Queensland Wakeboard and Waterski Club Inc. as set out below.

1. The Participant acknowledges that the Activities comprise a sporting activity or leisure time pursuit undertaken for the purpose of recreation, enjoyment or leisure and that the Activities may involve physical exertion and physical risk and could result in the Participant’s (or another party’s) death, physical injury, mental injury or other impairment or the exacerbation of an existing condition.

2. To the maximum extent permitted by law, the Participant voluntarily agrees to take part in the Activities at the Participant’s risk.

3. The Participant understands that the Participant may at any time refuse to take part in an Activity. 4. The Participant warrants to UQ Sport Ltd, The University of Queensland and the University of Queensland Wakeboard and Waterski Club Inc. that the Participant has informed UQ Sport Ltd, The University of Queensland and the University of Queensland Wakeboard and Waterski Club Inc. in writing of the existence of any medical condition or impairment that may affect the Participant’s ability to safely take part in the Activities. The Participant must inform UQ Sport Ltd, The University of Queensland and the University of Queensland Wakeboard and Waterski Club Inc. in writing if any such medical condition develops during the term of this Agreement.

5. The Participant acknowledges and agrees that neither UQ Sport Ltd, The University of Queensland the University of Queensland Wakeboard and Waterski Club Inc. or their employees, agents or contractors will be responsible for (and the Participant forever releases UQ Sport Ltd, The University of Queensland and the University of Queensland Wakeboard and Waterski Club Inc. from, holds them harmless and waives all rights in respect of) any loss or damage caused to the Participant or any other party in connection with the Activities in the nature of:

a. death or physical or mental injury;

b. the contraction, aggravation or acceleration of a disease; or

c. the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that may be harmful to the Participant or the community or may result in harm or disadvantage to the Participant or the community,

except where that loss or damage is significant personal injury that is caused by the reckless conduct of UQ Sport Ltd, The University of Queensland or the University of Queensland Wakeboard and Waterski Club Inc..

6. For the avoidance of doubt, UQ Sport Ltd, The University of Queensland and/or the University of Queensland Wakeboard and Waterski Club Inc. and their employees, agents and contractors will not be liable for any loss or damage of a kind described in clauses 5(a) to (c) above which is caused by their negligent conduct, unless that conduct is also reckless conduct.

7. For the purposes of this Agreement, conduct of a party is “reckless conduct” if the party is aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person and the party engages in the conduct despite the risk and without adequate justification.

8. Where UQ Sport Ltd, The University of Queensland or the University of Queensland Wakeboard and Waterski Club Inc. provides equipment for the use of the Participant or others taking part in the Activities, the Participant agrees that neither UQ Sport Ltd, The University of Queensland or the University of Queensland Wakeboard and Waterski Club Inc. will be liable to the Participant for any loss or damage caused by the use or misuse of that equipment, except where UQ Sport Ltd, The University of Queensland or the University of Queensland Wakeboard and Waterski Club Inc. is in breach of a statutory guarantee granted to the Participant under Part 3-2 of the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or the liability cannot otherwise be excluded or limited by law.

9. The Participant indemnifies UQ Sport Ltd, The University of Queensland and the University of Queensland Wakeboard and Waterski Club Inc. and agrees to keep them indemnified in respect of any loss or damage suffered or incurred by either or both of them as a result of the Participant taking part in the Activities, except to the extent that UQ Sport Ltd, The University of Queensland or the University of Queensland Wakeboard and Waterski Club Inc. (or both of them) are liable for that loss or damage under this Agreement.

10. Nothing in this Agreement is intended to exclude or limit the Participant’s rights under any law that cannot be excluded or limited and this Agreement is to be read and construed accordingly.

WATER-BASED ACTIVITIES ADDENDUM TO UQ SPORT AFFILIATED CLUB PARTICIPANT WAIVER

This Addendum forms part of the UQ Sport Affiliated Club Participant Waiver between UQ Sport, the University of Queensland Wakeboard and Waterski Club Inc. and the Participant.

In addition to the terms set out in the Participant Waiver to which this Addendum is attached, the Participant acknowledges and agrees that:

11. the Activities in which the Participant wishes to participate involve or may involve the Participant being near or immersed in water from time to time (the “Water Activities”);

12. where the Participant is a member of the University of Queensland Wakeboard and Waterski Club Inc. or wishes to become a member of the University of Queensland Wakeboard and Waterski Club Inc., the Participant agrees as a condition of membership to undertake a swimming competency assessment at the University of Queensland Aquatic Centre;

13. refusal to undertake the swimming competency assessment, or a failure to achieve the required standard in the swimming competency assessment, may result in UQ Sport or the University of Queensland Wakeboard and Waterski Club Inc. refusing to allow the Participant to take part in the Water Activities, any other activities that involve water or any activities that take place at a location where there is a possibility or likelihood of the Participant being immersed in water, or the University of Queensland Wakeboard and Waterski Club Inc. refusing to admit the Participant as a member of the University of Queensland Wakeboard and Waterski Club Inc.;

14. where the Participant is not a member of the University of Queensland Wakeboard and Waterski Club Inc. but is participating in an event organised by the University of Queensland Wakeboard and Waterski Club Inc. (such as a “Come N Try” day), the University of Queensland Wakeboard and Waterski Club Inc. will offer the Participant the opportunity to undertake the swimming competency assessment prior to participating in Water Activities. The Participant acknowledges that the Participant has been offered the opportunity to undertake the swimming competency assessment prior to participating in the Water Activities. If the Participant declines the offer to undertake the swimming competency assessment:

a. the Participant represents and warrants to The University of Queensland, UQ Sport and the University of Queensland Wakeboard and Waterski Club Inc. that the Participant is a competent and confident swimmer who is capable of safely taking part in the Water Activities;

b. the Participant releases and forever holds the University of Queensland, UQ Sport and the University of Queensland Wakeboard and Waterski Club Inc. from any liability for damage, injury or loss suffered or incurred by the Participant arising directly or indirectly as a result of the Participant’s lack of swimming competency, except where that loss or damage is significant personal injury that is caused by the reckless conduct of UQ Sport Ltd, The University of Queensland or the University of Queensland Wakeboard and Waterski Club Inc. or otherwise cannot be excluded by law; and

c. the Participant indemnifies The University of Queensland, UQ Sport and the University of Queensland Wakeboard and Waterski Club Inc. and agrees to keep them indemnified in respect of any loss or damage suffered or incurred by any of them directly or indirectly as a result of the Participant’s lack of swimming competency, except to the extent that The University of Queensland, UQ Sport or the University of Queensland Wakeboard and Waterski Club Inc. are liable for that loss or damage under this Agreement.