Voluntary participation and recreational nature of activity
1. I acknowledge, agree and understand my activities at, and my use of, Luna Park Sydney for my own enjoyment and leisure and is entirely recreational.
Risk Warning pursuant to section 5M of the Civil Liability Act
2. I acknowledge, agree and understand that:
- I have been warned that I am at risk of suffering personal injury arising from or in connection with my activities at, and my use of, Luna Park Sydney. The risk of personal injury extends to physical or mental injury (including aggravation, acceleration or recurrence of any physical or mental injury) including but not limited to friction burns, whiplash, abrasions, bruising, damage to teeth, muscular injury, motion sickness, splinters, loss of consciousness, and broken bones together with soft tissue injuries generally.
b. The risk of personal injury that I may suffer may arise from or be connected to:
- contact or collision with the surface of the ride;
- contact or collision with another patron;
- The movement of the ride (sudden or otherwise);
- weather conditions including rain, wind, lightning, heat and cold;
- slipping and tripping on floor surfaces;
- the acts and/or omissions (including negligent acts and/or omissions) of other patrons at Luna Park Sydney;
- incorrect use of rides;
- failure to follow instructions in relation to participation on a ride; and
- the unforeseen failure or malfunction of rides.
3. I accept and acknowledge all of risks identified above voluntarily and at my own risk.
4. I acknowledge that the assumption of risk and warning above constitutes a ‘risk warning’ in respect of all rides and activities at Luna Park Sydney for the purpose of section 5M of the Civil Liability Act 2002 (NSW).
5. To the fullest extent permitted by law, I agree to waive all my rights in respect of any liability for any Claim against Luna Park, including for any liability:
- for breach of contract (including any express or implied warranty that any recreational services will be provided with due care and skill); or
- for negligence; arising from, or in connection with, my attendance at and use of Luna Park Sydney.
Waiver in relation to recreational services to which the Australian Consumer Law applies
6. I acknowledge that:
- it is possible for a supplier of recreational services to ask me to agree that the statutory guarantees under the Australian Consumer Law (ACL) (which is Schedule 2 of the Competition and Consumer Act 2010 Cth), do not apply to me;
- I agree to waive my right to sue Luna Park Sydney (should either be deemed a supplier for the purposes of the ACL) because the recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) were not performed in accordance with the statutory guarantees, in particular the guarantees as to due care and skill and as to fitness for a particular purpose, are excluded; and
- the waiver of my rights in clause 9(b) above is limited to liability for:
- physical or mental injury (including the aggravation, acceleration, or recurrence of such injury) to me;
- 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
- that may result in harm or disadvantage to me.
7. The above waiver of my rights in relation to the statutory guarantees does not apply to reckless conduct (as defined in the ACL) of Luna Park Sydney in supplying any recreational services (in the event either is deemed to be a supplier).
Release and Indemnity
8. To the fullest extent permitted by law, I:
- release and will release Luna Park Sydney from all Claims that I may have or may have had but for this release arising from or in connection with my use of Luna Park Sydney;
- indemnify and will keep indemnified Luna Park Sydney in respect of any Claim by any other person:
- arising from or in connection with my participation in any activities at, or use of, Luna Park Sydney;
- against Luna Park Sydney in respect of any injury loss or damage arising out of or in connection with my failure to comply with any rules and/or directions from Luna Park Sydney regarding use of Luna Park Sydney’s facilities and attractions.
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 Luna Park Sydney.