Waiver
As the parent/guardian of the child/children (herein, the “participant(s)”) registered to partake in any activity provided by OPTIMA Football Pty Ltd (ABN 88646016471, herein “OPTIMA Football”), I hereby acknowledge, accept and agree to the following terms:
- I hereby give full consent and approval for the participant to partake in OPTIMA Football activities.
- I release, hold harmless and forever indemnify OPTIMA Football and affiliates from all claims of every kind of nature, whether known or unknown, in law or equity, arising from or in any way related to the participants involvement in activities conducted by, on the premises of, or for the benefit of, OPTIMA Football, provided that this waiver of liability does not apply to any acts of gross negligence or intentional, wilful or wanton misconduct.
- I understand that the activities are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. I waive all claims of damage, injuries and death sustained to me and/or my property, including claims in tort, contract, equity or otherwise.
- I acknowledge and accept all risk(s) associated with the participants involvement and waive any injury, permanent incapacitation, death, damage or loss associated with OPTIMA Football, including but not limited to using the facility and its equipment in any manner, form or fashion and participating and/or engaging in any aerobic, cardiovascular or action sport activity.
- I declare as a condition of participation, the participant is in good health and proper physical condition to partake in activities. Furthermore, if at any time I believe conditions to be unsafe, I will immediately discontinue the participants involvement in the activity.
- I agree to disclose any illness, injury, disability or condition which may affect the possibility of the participant or any other person suffering injury, loss or damage and hereafter, indemnify OPTIMA Football from such claims.
- I agree to disclose any pre-existing medical or other condition, including medication, which may affect the possibility of the participant or any other person suffering injury, loss or damage and hereafter, indemnify OPTIMA Football from such claims.
- I consent to first aid being administered by an OPTIMA Football staff member who is the holder of a current First Aid Certificate.
- I accept that I am responsible for the participants medical expense(s), cost(s) and insurance(s). Medical treatment, including transportation to a medical facility, may be organised, as deemed necessary by OPTIMA Football and affiliates.
- I acknowledge that OPTIMA Football will not accept any participant who is sick, for the safety of all attendees. Parents/Guardians are asked to make other arrangements in these circumstances.
- I agree that the participant will wear the correct clothing, footwear and equipment, as advised by OPTIMA Football.
- I accept the participants personal property may be lost or damaged. As well, the participant may cause injury to other person(s) and/or, damage to their property.
- I agree that the participant will not engage in any conduct, on or off the field, which places other participants at risk of injury or death and/or is considered unsportsmanlike behaviour. The determination and consequences of such is solely at the discretion OPTIMA Football and affiliates.
- I agree that unlawful conduct, bullying (including cyber bullying) and/or discriminatory conduct by any participant, parent/guardian or other person(s) associated with the participant will not be tolerated. The determination and consequences of such is solely at the discretion OPTIMA Football and affiliates.
- I accept the participants information will be entered into a database and used for administrative and promotional purposes by OPTIMA Football.
- I consent for OPTIMA Football to take photographs or videos of the participant for promotional and training purposes.
- I consent for, in my absence, the participant to be collected/received by a nominated contact(s). I will advise OPTIMA Football of authorisation of any person(s) to collect the participant. The participant will not be released into the care of a minor (less than 18 years).
- I acknowledge that the participant will always adhere to the venue’s terms of admission.
- I acknowledge that no food and/or drinks are to be taken onto the playing area, however, the participant must always have a bottle of water available that can be refilled as needed.
- I acknowledge that smoking is prohibited at all indoor and outdoor venues, even if the venue terms of admission permit smoking,
- Refunds will not be issued for non-attendance. If, for any reason the participant is unable to attend a session, OPTIMA Football must be notified via email, text or phone call.
- If, upon receipt of this form, I or any person of my behalf makes payment of the required fee, I acknowledge that:
- Such conduct shall import these terms and conditions into an agreement with OPTIMA Football.
- The terms and conditions shall govern the involvement of the participant.
- I acknowledge that payment is required prior to the commencement of activity and in accordance with the payment options provided by OPTIMA Football.
- This waiver and release contain the entire agreement between parties and supersedes any prior written or oral agreements between them concerning the subject matter of this waiver and release. The provisions of this waiver and release may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
- The provision of this waiver and release will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of OPTIMA Football, whether by agreement, by operation of law, or otherwise.
- “OPTIMA Football and affiliates” include directors, officers, employees, servants, agents, volunteers, venues, participants, coaches, teachers, parents, stakeholders, trustees, successors and assigns.
- “Claims” includes claims, contracts, cause of action, lawsuits, proceedings, demands, debts, costs, expenses, damages and liabilities.
- “Discriminatory conduct” means conduct based on actual or perceived race, religion, sexuality, gender, or any combination thereof.
- “Activities” are as listed by OPTIMA Football in the ‘Services’ section (or similar).