I agree to be bound by the governing rules of the club (Governing Rules) as amended from time to time.
I agree to observe and be bound by any rules, regulations and by-laws which may be passed or made by the Club pursuant to the Governing Rules.
I declare that:
Section 2: CLUB CONDITIONS
Section 3: RISK WARNING
Gliding, as with any recreational aviation activity, can be DANGEROUS. Any person participating in the sport of gliding, including learning to glide, flying in any aircraft being used in connection with gliding or learning to glide, does so at his/her own risk.Any services provided to me by the Club are provided on the Terms & Conditions and Exclusions of Liability set out in the following pages.
- any claims made by or on behalf of me in respect of any injury, death, loss or damage to my person or property arising from or in connection with my participation in gliding; and
- all claims made by any other person against the Club, its instructors, the ground crew, and any Third Parties in respect of any injury, death, loss or damage arising out of or in connection with my failure to comply with this contract or the Club's rules and/or directions, including the instructor's rules and/or directions.
By signing this form, I agree that any liability that the Club may have under the Competition and Consumer Act 2010 (Cth) in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) for any:
b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
c) the contraction, aggravation or acceleration of a disease;
d) 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:
i. is or may be harmful or disadvantageous to you or the community;
ii. may result in harm or disadvantage to you or the community;
suffered by me 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. For the avoidance of doubt, this exclusion does not exclude liability for recklessness as defined by any relevant law.
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
· are rendered with due care and skill; and
· are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
· might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
Gliding Club is a trading name of the Victorian Motorless Flight Group Inc. ABN
85 247 311 275, Association No. A0025166A.
(c) 2000 - 2016 Melbourne Gliding Club. All rights reserved.
DC ST 19.5.2016