THIS WAIVER, ONCE SIGNED, IS VALID UNTIL 31ST DECEMBER 2024. 

I will be assuming all the risk and legal liability, waiving, and releasing all claims for injuries, damages or loss which myself, and/or my child/dependent/participant, might sustain as a result of participating in any and all activities connected with and associated with use of the Shine Shed North West (hereinafter referred to as "the facility") offered by McCall Gardens Community Services Limited.

I recognise and acknowledge that there are certain risks of physical injury and even death to participants utilising the facility located at 1/16 Rob Place, Vineyard NSW 2765, including all equipment. I acknowledge that I will assess the suitability of each item of available equipment in the facility for myself, and/or my child/dependent/participant, to use prior to utilising the equipment.

I voluntarily agree to assume the full risk of any and all injuries, damages (including property/material damages) or loss, regardless of severity, that myself, and/or my child/dependent/participant, may sustain as a result of using the equipment at the facility. I further agree to waive and relinquish all claims I may have as a result of  myself, and/or my child/dependent/participant, participating in the programs/activities conducted at the facility against McCall Gardens Community Services Limited (including its trustees, officials, agents, owners, directors, manufacturers, participants, lessors, affiliates, volunteers and employees).

I do hereby fully release, indemnify and forever discharge McCall Gardens Community Services Limited from any and all claims for injuries, damages, or loss that myself, and/or my child/dependent/participant, may have, or which may accrue to myself, and/or my child/dependent/participant, connected with, or in any way associated with use of the facility.

By ticking the terms and conditions box below, I acknowledge, agree, and understand that the information provided to me in this waiver constitutes a ‘risk warning’ for the purpose of the Civil Liability Act 2022 No.22 with particular reference to section 5M.

Furthermore, I, on behalf of myself and/or my child/dependent/participant, acknowledge and understand that if a participant has additional behavioural or medical requirements (hereinafter referred to as “needs”), it is crucial for the safety and well-being of all individuals at Shine Shed North West, to contact the facility via phone to book a play session.

By agreeing to this waiver, I acknowledge that the facility staff needs to be informed of any participant's needs to ensure a safe and inclusive environment for all visitors. It is important that the staff at the facility is adequately prepared and can provide appropriate accommodations to cater to the particular needs of each participant.

In the event that I falsely declare that the participant has no needs, and upon visiting the facility, it becomes evident that this is not the case, I understand that the facility reserves the right to refuse entry. This measure is taken in order to protect the safety of all participants and maintain a harmonious atmosphere within the facility.

I further understand that, on behalf of myself and/or my child/dependent/participant, it is my responsibility to disclose any relevant information regarding the participant's needs. For any needs Shine Shed North West is not made aware of, we reserve the right to act according and take all reasonable steps to ensure the safety and well-being of all individuals at Shine Shed North West (including, but not limited to, contacting emergency services or evacuation).

I hereby release Shine Shed North West, its owners, staff, and affiliates, from any liability that may arise as a result of failure to disclose accurate information regarding the participant's needs.

I acknowledge that the facility staff will make reasonable efforts to accommodate the participant's needs, but cannot guarantee a complete elimination of all potential risks or challenges associated with the facility's environment.

I have read and understand the terms and conditions outlined in this waiver, and I agree to abide by the policies set forth by Shine Shed North West for the safety of all participants.