Through my receipt of Next Level Kayaking Pty Ltd (Next Level Kayaking) services I hereby acknowledge and agree to the following conditions. These conditions comprise a contract between me and Next Level Kayaking and are necessary to conduct our activities.
1. Warning: I acknowledge that receipt of Next Level Kayaking services and that kayaking itself can involve a significant degree of physical and personal risk. Risks include but are not limited to overexertion, equipment failure, dehydration, hypothermia, and serious accidents which may result in me being personally injured or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks.
2. Prevailing conditions: The conduct of Next Level Kayaking services and my participation in them will be affected by weather and associated conditions. Given there is often an element of the “luck of the prevailing conditions” in undertaking these services I acknowledge and agree that Next Level Kayaking cannot control the weather and associated conditions. Next Level Kayaking may change the format, course or other conditions of their services at their discretion. If that occurs, this agreement applies to the changed conditions.
3. Responsibility: At all times the participant is responsible for his or her own actions. The Participant will not hold the Provider or any of its employees or agents liable for any personal injury or breach of contract whether caused by the negligence of the Provider its employees or agents howsoever caused or otherwise. The Participant acknowledges that in the event that he or she or any of the other people in their care and control find either or any of them is in difficulty that they are to stop the activity or request that the activity be stopped if appropriate, and seek help and/or assistance and advice.
4. Indemnity: By undertaking Next Level Kayaking services, I accept all risks necessarily flowing from my participation which could result in loss of life or permanent injury. Accordingly, I release all persons or corporations associated directly or indirectly with the conduct of these services from all actions, suits, claims, demands, proceedings, complaints, damages, penalties, costs, expenses and causes of action (including losses relating to personal injury or death) arising out of my participation and I hereby indemnify them and agree to keep them indemnified against all liability (including liability for their negligence and the negligence of others) for all injury, loss or damage arising out of or connected with my participation. This release shall extend to and include the organisers of the Next Level Kayaking services and their respective directors, partners, managers, officers, agents, contractors, employees and volunteers including any medical and paramedical personnel called upon, the owners, licensees and occupiers of land upon which the services or any part of them are conducted, any statutory body or local authority having control over any land upon which the services or any part of them are conducted or which is involved directly or indirectly with Next Level Kayaking in any manner whatsoever, including promoters and sponsors. This release and indemnity continues forever and binds my heirs, executors, personal representative and assigns.
5. Insurance: I understand that insurance cover affected for customers of Next Level Kayaking may not cover me for all injury, loss or damage sustained by me, and I can, in my own interests, seek and obtain personal insurances over and above this cover provided.
6. Safety and equipment: I understand that I will have to adhere to safety standards during my receipt of Next Level Kayaking services. These include but are not limited to the wearing of an Australian Standard buoyancy or personal floatation vest, and watercraft meeting minimum Australian Canoeing safety specifications such as secure and functional end loops or handholds, floatation or inbuilt buoyancy and a lack of leaks or other structural defects. Participants provide their own equipment at their own risk. Other safety precautions undertaken by Next Level Kayaking (such as on-water supervision and pre-session briefings) are a service to me and other participants but are not a guarantee of safety.
7. Security: I am fully responsible for the security of my personal possessions during the session/event.
8. Copying and distribution: Next Level Kayaking training programs, protocols, tests, models and any other services including video footage remain the intellectual and physical property of Next Level Kayaking. They are not to be copied by any physical, mechanical or electronic means. They are not to be distributed to other people or paddlers in any form. Training programs, screening and testing results, equipment set-up and other advice is highly specific to an individual, and not suitable, amendable or appropriate for any other paddler. All paddlers undertaking Next Level Kayaking training programs do so at their own risk.
9. Personal information: Through participation in this session/event and others you will supply Next Level Kayaking with personal information about yourself. This information is needed to ensure your safety during your time with us. Next Level Kayaking is required to collect this information as part of our insurance policy. Next Level Kayaking reserves the right to store your personal information in a private database to enable us to provide you with quality and personalised training programs or other services. The information you provide will not be supplied to any other organisation or used for any other purpose than that which is stated above.
10. Right to use images: I acknowledge and consent to video and photographs being taken of me during my participation in Next Level Kayaking services. I acknowledge that these are owned by Next Level Kayaking and that they may be used for promotional or other purposes without my further consent being obtained. Further, I consent to Next Level Kayaking using my name, image, likeness and also my performance, at any time, to promote or report Next Level Kayaking by any form of media.
11. Transport: I give my consent to me or my child travelling in a privately owned vehicle before or after Next Level Kayaking services for the purposes of providing those services, or any form of public or private transport where such transport is deemed by the Next Level Kayaking to be necessary or desirable before, during and after the provision of services.
12. Medical information: I have notified Next Level Kayaking of any medical or physical conditions from which I suffer that might affect my performance or be relevant if medical treatment is needed. I agree to abide by all rules and directions issued by Next Level Kayaking officers. I consent to receiving any medical treatment, including ambulance transportation, that Next Level Kayaking thinks desirable during or after your participation, and agree to solely bear the costs thereof in respect of or arising directly or indirectly out of such administration of medication.
13. Fitness to participate: I declare that I am and must continue to be medically and physically fit and able to receive Next Level Kayaking services, and if deemed necessary this must be verified by a medical practitioner. I am not and must not be a danger to myself or to the health and safety of others. I will immediately notify Next Level Kayaking of any change to my fitness and ability to participate. Otherwise, I understand and accept that Next Level Kayaking will continue to rely upon my declaration as evidence of my fitness and ability to participate.
CONTRACT, WAIVER, INDEMNITY AND MEDICAL CONSENT FOR NLK TRIADS
Through my receipt of Next Level Kayaking Pty Ltd (Next Level Kayaking) services during this Round of NLK Triads (Triads) I hereby acknowledge and agree to the following conditions. These conditions comprise a contract between me and Next Level Kayaking and are necessary to conduct our activities.
1. Payment contract: I acknowledge that, although online registration for Triads is $0, there is a future cost involved. I undertake to pay Next Level Kayaking a total of $315, representing 14 weeks at $22.50 per week, for participation in this Triads program. I declare my participation will be from 27/07/20 to 01/11/20. I acknowledge that, should it be required, equipment hire is an additional and ongoing cost involved in Triads participation. I understand that Next Level Kayaking will contact me to arrange a mutually agreeable Triads payment plan.
2. Warning: I acknowledge that receipt of Next Level Kayaking services and that kayaking itself can involve a significant degree of physical and personal risk. Risks include but are not limited to overexertion, equipment failure, dehydration, hypothermia, and serious accidents which may result in me being personally injured or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks.
3. Prevailing conditions: The conduct of Next Level Kayaking services and my participation in them will be affected by weather and associated conditions. Given there is often an element of the “luck of the prevailing conditions” in undertaking these services I acknowledge and agree that Next Level Kayaking cannot control the weather and associated conditions. Next Level Kayaking may change the format, course or other conditions of their services at their discretion. If that occurs, this agreement applies to the changed conditions.
4. Responsibility: At all times the participant is responsible for his or her own actions. The Participant will not hold the Provider or any of its employees or agents liable for any personal injury or breach of contract whether caused by the negligence of the Provider its employees or agents howsoever caused or otherwise. The Participant acknowledges that in the event that he or she or any of the other people in their care and control find either or any of them is in difficulty that they are to stop the activity or request that the activity be stopped if appropriate, and seek help and/or assistance and advice.
5. Indemnity: By undertaking Next Level Kayaking services, I accept all risks necessarily flowing from my participation which could result in loss of life or permanent injury. Accordingly, I release all persons or corporations associated directly or indirectly with the conduct of these services from all actions, suits, claims, demands, proceedings, complaints, damages, penalties, costs, expenses and causes of action (including losses relating to personal injury or death) arising out of my participation and I hereby indemnify them and agree to keep them indemnified against all liability (including liability for their negligence and the negligence of others) for all injury, loss or damage arising out of or connected with my participation. This release shall extend to and include the organisers of the Next Level Kayaking services and their respective directors, partners, managers, officers, agents, contractors, employees and volunteers including any medical and paramedical personnel called upon, the owners, licensees and occupiers of land upon which the services or any part of them are conducted, any statutory body or local authority having control over any land upon which the services or any part of them are conducted or which is involved directly or indirectly with Next Level Kayaking in any manner whatsoever, including promoters and sponsors. This release and indemnity continues forever and binds my heirs, executors, personal representative and assigns.
6. Insurance: I understand that insurance cover affected for customers of Next Level Kayaking may not cover me for all injury, loss or damage sustained by me, and I can, in my own interests, seek and obtain personal insurances over and above this cover provided.
7. Safety and equipment: I understand that I will have to adhere to safety standards during my receipt of Next Level Kayaking services. These include but are not limited to the wearing of an Australian Standard buoyancy or personal floatation vest, and watercraft meeting minimum Australian Canoeing safety specifications such as secure and functional end loops or handholds, floatation or inbuilt buoyancy and a lack of leaks or other structural defects. Participants provide their own equipment at their own risk. Other safety precautions undertaken by Next Level Kayaking (such as on-water supervision and pre-session briefings) are a service to me and other participants but are not a guarantee of safety.
8. Security: I am fully responsible for the security of my personal possessions during the session/event.
9. Copying and distribution: Next Level Kayaking training programs, protocols, tests, models and any other services including video footage remain the intellectual and physical property of Next Level Kayaking. They are not to be copied by any physical, mechanical or electronic means. They are not to be distributed to other people or paddlers in any form. Training programs, screening and testing results, equipment set-up and other advice is highly specific to an individual, and not suitable, amendable or appropriate for any other paddler. All paddlers undertaking Next Level Kayaking training programs do so at their own risk.
10. Personal information: Through participation in this session/event and others you will supply Next Level Kayaking with personal information about yourself. This information is needed to ensure your safety during your time with us. Next Level Kayaking is required to collect this information as part of our insurance policy. Next Level Kayaking reserves the right to store your personal information in a private database to enable us to provide you with quality and personalised training programs or other services. The information you provide will not be supplied to any other organisation or used for any other purpose than that which is stated above.
11. Right to use images: I acknowledge and consent to video and photographs being taken of me during my participation in Next Level Kayaking services. I acknowledge that these are owned by Next Level Kayaking and that they may be used for promotional or other purposes without my further consent being obtained. Further, I consent to Next Level Kayaking using my name, image, likeness and also my performance, at any time, to promote or report Next Level Kayaking by any form of media.
12. Transport: I give my consent to me or my child travelling in a privately owned vehicle before or after Next Level Kayaking services for the purposes of providing those services, or any form of public or private transport where such transport is deemed by the Next Level Kayaking to be necessary or desirable before, during and after the provision of services.
13. Medical information: I have notified Next Level Kayaking of any medical or physical conditions from which I suffer that might affect my performance or be relevant if medical treatment is needed. I agree to abide by all rules and directions issued by Next Level Kayaking officers. I consent to receiving any medical treatment, including ambulance transportation, that Next Level Kayaking thinks desirable during or after your participation, and agree to solely bear the costs thereof in respect of or arising directly or indirectly out of such administration of medication.
14. Fitness to participate: I declare that I am and must continue to be medically and physically fit and able to receive Next Level Kayaking services, and if deemed necessary this must be verified by a medical practitioner. I am not and must not be a danger to myself or to the health and safety of others. I will immediately notify Next Level Kayaking of any change to my fitness and ability to participate. Otherwise, I understand and accept that Next Level Kayaking will continue to rely upon my declaration as evidence of my fitness and ability to participate.
Next Level Kayaking