Indemnity Waiver
DEED OF RELEASE, ASSUMPTION OF RISK & INDEMNITY
In favour of: Little Ripper Gold Inc. ABN: 7899 3742423 and all related or associated companies, businesses and their respective directors, partners, officers, agents, employees, committee members and contractors.
By: The Releasor (being the person or persons whose details are set out below and their respective personal representatives, executors, administrators, successors and assigns).
In consideration of LRG permitting me to participate in prospecting, fossicking, metal detecting, bush walking or ancillary activities, including transit to or from, or instruction in such activities whether in or out of the track or on any other vehicle, and camping on Little Ripper Gold Inc. leases collectively and severally referred to in this deed as “recreational activities” I agree as follows:
Acceptance of Risk
1. The information I have provided in this document is true and correct and I understand that LRG is relying on that information in allowing me to participate in the Recreational Activities
2. I am participating in the Recreational Activities for the purposes of enjoyment, leisure or relaxation. I acknowledge that the Recreational Activities may be dangerous and involve a significant degree of physical exertion, physical harm and physical risk. I have been advised of the risks associated with the Recreational materialization of such risks and that undertaking may cause personal injury, death, property damage or economic loss. Some of those risks include:
2.1 Sudden vehicle movements, jarring and hard landings associated with travelling in or alighting on or off the quad bike/All Terrain Vehicle (ATV), Suburban Utility Vehicle (SUV), 4 Wheel Drive (4WD), bus or any other vehicle associated with LRG or my private vehicle in situations that will be affected by the weather conditions, track/road conditions or any other conditions.
2.2 Greater than usual physical exertion placing people at an increased risk of personal injury, trauma or death.
2.3 Falling onto or leaving the quad bike/ATV, SUV, 4WD, bus or any other vehicle including in the event of the quad bike/ATV flipping over.
2.4 Collision with other users, equipment or objects such as rocks, trees, fencing or any other object of which may cause injury or death including death by drowning.
2.5 Exposure to the natural elements which can be unpredictable and potentially harmful or fatal including uneven terrain, slippery Rocks and bush tracks, storm, wind, flooding, currents, heat, getting wet, flora and fauna including snakes and micro organisms.
2.6 Participation in Recreational Activities conducted at locations that are remote in time, distance and/or accessibility from any medical treatment facility, and
2.7 Other risks of or incidental to the Recreational Activities or activities ancillary to the Recreational Activities.
2.8 When attending any of LRG leases, firearms are prohibited.
2.9 The Pastoral Lease Holders upon which LRG has Prospecting Licences, do not permit dogs on their Pastoral Leases.
2.10 Prior to travelling to any of LRG's leases, members must advise the committee by completing an LRG Visiting Lease Notification Form. The form can also be found on the LRG website under the LRG Forms tab.
Release & Discharge
3. I unconditionally release, discharge and agree not to sue LRG in respect of all liabilities, claims and cause of action that may arise from any act, omission, default, failure or error on the part of Little Ripper Gold Inc (including any negligent act, omission default, failure or error) occurring wholly or partially during the course of the Recreational Activities, including while in transit to or from such Recreational Activities.
Indemnity
4. I will indemnify and keep indemnified LRG from any liability, claim or cause of action that may be brought against LRG as a result or in connection with any act, omission, default, failure, or error on the part of LRG (including any negligent act, omission default, failure or error) occurring wholly or partially during the course of the Recreational Activities, including transit to or from the Recreational Activities.
5. In the event of my death caused wholly or partially by the Recreational Activities my estate and my personal representatives, executors or administrators indemnify and will keep indemnified LRG from any liability, claim or cause of action that may be brought against LRG by my personal representatives, executors, administrators, dependents or any other person entitled to claim damages in respect of my death under section 17 of the Supreme Court Act 1995 or otherwise.
Exclusion of Warranty
6. To the extent permissible by law, LRG expressly excludes and disclaims all conditions and warranties that may be express or implied, including any implied warranties under section 60 and 61 of the Australian Consumer Law Sec 2 of The Competition and Consumer Act 2010 that:
6.1 The Recreations Services will be rendered with due care and skill.
6.2 Materials supplied in connection with the Recreational Services will be reasonably fit for the purpose for which they are supplied.
6.3 The Recreational Services and any materials supplied in connection with the Recreational Services will be reasonably fit for a particular purpose or desired result.
Warranties
7. If, despite clause 6, the law prevents exclusion and implies any of the Warranties, then the liability of LRG for breach of any of the Warranties will, pursuant to section 64A of the Australian Consumer Law Sec 2 of The Competition and Consumer Act 2010, be limited to the supplying of the service again or payment of the cost of having the service supplied again.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
8. Clause 3, 4 and 5 are limited to liability for death or personal injury.
Parent/Guardian Undertaking
9. Where this document includes any Child then the parent/guardian signing it warrants that the information provided is true and correct and personally covenants in terms of clause 4 in respect of any claim, liability or cause of action that arises out of or is incidental to the Child's participation of Recreational Activities.
Statement of Understanding
10. I acknowledge that I have read and understood the matters set out in this document and affirm I am of lawful age and legally competent to give this waiver, release and indemnity. I am not under the influence of alcohol or any drug.
11. I will take care of my safety and for the safety of any child. I will follow and ensure my Child follows the safety directions of LRG.
12. I understand that this document is contractual in nature and has legal effect and is not merely a warning or provided for information. I have signed this document of my own free will and without any representation or inducement by LRG, its agents or employees.
a. Even though LRG will make every effort to put you on gold bearing ground, there is no guarantee that gold will be found, it is where it is and you need to walk/detect over it.
b. Willfully negligent action that damages equipment will incur the cost of repair or replacement of that equipment, and incur disciplinary action from LRG's executive committee, as outlined in LRG's Constitution.
c. You MUST fill in any & all holes you dig. And there is to be NO holes dug on any tracks or roads.
