SYDNEY STEPPING STONE Inc. known as STEPPING STONE HOUSE
PO BOX R512 · ROYAL EXCHANGE, NSW 1225 · Australia
THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND THE RIGHTS OF YOUR CHILD- PLEASE READ CAREFULLY BEFORE YOU AGREE TO THE TERMS OF THIS AGREEMENT.
AGREEMENT, RELEASE AND INDEMNITY – Stepping Stone House Sleep Under the Stars
1. ACTIVITY AND ASSOCIATED RISKS
I have chosen to participate in and to have my child/children participate in the Stepping Stone House Sleep Under the Stars (the Event) and the activities involved in attendance at the Event (the Activity) organised by Sydney Stepping Stone Inc also known as Stepping Stone House (the Organiser), to be held remotely at a location to be determined at your discretion on 14 October 2022.
a. In consideration of me and my child or children, being permitted to participate in the Event and Activity, I accept and agree to the full contents of this agreement being binding in relation to me and my child. Subject to these terms and applicable law, I am and remain responsible for my own health and safety and my child’s (or children's) health and safety at all relevant times before, during and after any part of the Event or the Activities.
b. I certify and warrant that I have the authority to sign this agreement on behalf of the child/children named below and certify and warrant that I have the authority and legal right to make decisions for the child/children regarding the child's/children’s participation in the Event and Activities.
c. I understand that participating remotely in the Activity can be dangerous and inherently hazardous, and that I or my child/children may be exposed to dangers and hazards, including but not limited to; hot or cold temperatures, slips, falls, fractures, concussion, injury from over exertion, contraction of a disease (including COVID-19), equipment failures, dehydration, faulty facilities and intervention and/or negligence of any persons (including third parties).
d. I acknowledge Stepping Stone House’s recommendation to inform my friends and/or family of my intentions to participate in the Event and Activity prior to the Event and Activity commencing. I agree to carry out all reasonable and necessary precautions in relation to my participation and my child’s participation, including but not limited to carrying a mobile phone and ensuring my child's/children's emergency contact details are available and provided in writing.
e. I understand that the Event and Activity, including sleeping in the open and participating in all aspects of the Activity, is a dangerous recreational activity within the definition of the Civil Liability Act 2002 (NSW) and that Stepping Stone House, and the other parties to be released at section 3 below will have no liability for any injury or damage caused by the participation of me or my child/children in any dangerous recreational activity.
f. As a consequence of participating in and attending this Event and Activity remotely I or my child/children may be seriously hurt or disabled or may die or my property may be damaged. I acknowledge that Stepping Stone House has no knowledge or control over the location at which I have chosen to participate in the Event and Activity and any risks of harm at that location.
g. I will supervise my child or children in the Event and Activity and take responsibility for their actions. Sydney Stepping Stone Inc. assumes no responsibility for directing, supervising, or controlling my child/children, or the children of others during the Event and Activity.
h. I agree to release, indemnify and hold harmless and defend Sydney Stepping Stone Inc., its board members, employees, volunteers, sub-contractors, contractors, officers and agents, providers of equipment, GoFundraise, and any other participants in the Event or Activity or in the vicinity of the Activity from all liabilities and claims that arise in any way (including from any injury, death, loss or harm that occurs to me or to the child/children) in respect of the Event or the Activity, or in any way related to the Event or the Activity. This includes any claim by the child alleging, or claiming negligence by any person, or arising from the negligence of, Sydney Stepping Stone Inc., its board members, employees, volunteers, sub-contractors, contractors, and any other participants in the Event or Activities or in the vicinity of the Activities.
i. I agree that I and my child/children will comply with all applicable local, state, and federal COVID-19 safety laws, guidelines, directions, orders and recommendations in effect at the time of the Event. I acknowledge and agree that I maintain full responsibility to be aware of and adhere to any changes implemented in relation to applicable all local, state and federal COVID-19 laws, guidelines, directions, orders and recommendations via reputable websites including but not limited to the Australian Government website or by contacting the Coronavirus Health Information Line on 1800 020 080.
j. I understand that because the Event and Activity is organised an online event, my and my child's/children's participation in the Event and Activity is contingent on us having adequate technology and internet connectivity. I acknowledge and agree that having adequate technology and internet connectivity is my responsibility and there is a possibility that I, or my child/children, will be unable to participate in aspects of the Event or Activity due to a lack of connectivity, technology failures or internet connection. I agree that Sydney Stepping Stone Inc will not be responsible for any failure to log in, stay connected or participate in any aspect of the Event or Activity due to lack of connectivity, technology failures or internet connection.
2. ASSUMPTION OF THE RISKS
a. I voluntarily assume all risks, including the above mentioned risks, and any harm, loss, damage or injury which may occur to me, my child/children or my property as a result of participation by me or my child/children in the Event and Activity, or during transportation before or after the Event and Activity, including any loss, injury or damage caused by the negligence of Sydney Stepping Stone Inc., its board members, employees, volunteers, sub-contractors, contractors, members of the public and any other participants in the Event and Activity or in the vicinity of the Activities.
b. I agree and understand that any equipment that is used by me or my child/children, whether that equipment is owned by Sydney Stepping Stone Inc., by me, or any other provider or is rented, or borrowed by me for use by me and my child/children, is used by me and by my child/children at my own risk, and at the risk of my child/children.
c. I agree and understand that all equipment used, borrowed or rented by me, is provided without any warranty as to its condition, fitness or suitability.
3. RELEASE OF LIABILITY
a. I hereby release Sydney Stepping Stone Inc, its board members, employees, volunteers, sub-contractors, contractors, GoFundraise, any other participants and attendees, (the Released Parties) from all liabilities, causes of action, claims and demands that arise in any way from any injury, loss, death or harm that occurs to me or my child/children, or to any other person or to any property during the Event or Activity or in any way related to the Event or Activity including claims in relation to the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities or dangerous recreational activities.
b. I agree not to sue or make a claim against the Released Parties for death, injury to loss or harm that occurs to me or to my child/children during the Event or Activities or are related in any way to my participation in the Event or Activity.
4. INDEMNIFICATION
a. I agree to indemnify and hold harmless Sydney Stepping Stone Inc., its board members, employees, volunteers, sub-contractors, contractors, officers and agents, providers of any equipment, the land owner, the Council, and other providers of permits and premises, GoFundraise, any other participants and attendees (the Indemnified Parties) from any claims, including for the negligence of any of these released Indemnified Parties. I also agree to indemnify and hold harmless and defend these parties against any and all claims caused by my own negligence, or the negligence of my child/children, and any claim arising from or caused by my conduct or my child’s/children's conduct during the Event or Activity.
b. I agree that in the event of my death, or the death of my child/children that this indemnity and release will be binding on my estate, and the estate of my child/children, and that this indemnification and release will therefore bind by executor, administrator or guardian and that they will be required to enforce the terms of this indemnity and release.
c. I agree that this agreement is to be an enforceable release of liability and indemnity by me of Sydney Stepping Stone Inc., its board members, employees, volunteers, sub-contractors, contractors, officers and agents, providers of any equipment, the land owner, council or other providers of permits and premises, any other participants and attendees.
5. REGISTRATION / PRICE
a. I accept that the Organiser may offer discounted fees at its discretion.
b. I understand that the Event will be free for virtual spectators.
c. I accept that I must sign in for the Stepping Stone House Sleep Under the Stars (as individuals or teams) and provide a copy of this Agreement, Indemnity and Release signed by me and complete, with photo ID on the day of the Event on Friday 14th October 2022.
6. TEAMS
a. I accept that a team may consist of two or more participants.
b. I acknowledge that I will provide the Stepping Stone House (the "Organiser") or its authorised representatives with the name and contact details of the team co-ordinator if I enter as part of a team, and agree that the Organiser or their authorised representatives may contact the person and exchange my/our personal information with them which I have provided to Stepping Stone House.
7. FUNDRAISING
a. I will fundraise a minimum of $200.00 per individual participant (over 18 years of age) for Stepping Stone House to gain entry to Taronga Zoo Sydney on Friday 14th October 2022.
b. I understand that donations can be donated online via the GoFundraise website. I acknowledge that these donations are non-refundable. I also acknowledge that these donations may be tax deductible.
c. I understand that incentives (the number and nature of which will be decided by the Organiser) may be awarded to the individuals or teams in relation to their fundraising.
8. MEDICAL INFORMATION
a. I certify that I am physically and mentally fit and healthy and have no medical condition which would affect or limit my capacity to safely participate in the Event or Activity.
b. I warrant that my child/ children are physically fit and healthy and that my child/ children have no medical condition which would affect or limit their capacity to safely participate in the Event or Activity.
c. I understand and acknowledge that I and my child/children should seek medical advice prior to participating in the Event or Activity if I and/or the child/children suffers or am suffering from a medical condition.
d. Sydney Stepping Stone Inc. (the Organiser) and GoFundraise assume no responsibility to provide medical care during the Event or Activity. I will pay for any medical care or treatment that I or my child/children requires as a result of participation in Event or Activities.
e. I will provide an emergency contact name and phone number when requested by Stepping Stone House (the Organiser), its employees or representatives, and authorise Stepping Stone House (the Organiser) or any person authorised by it, to contact my emergency contact person and to provide personal information.
9. USE OF NAME OR PICTURE
a. I consent to the publication and/or use of the image, voice, statement or otherwise, (including the publication of my name and/or Event result in any broadcast, telecast, advertising, promotion or other account of this Event) of me, and of my child/ children, to be published in any form of media whatsoever including advertising and promotions for future Stepping Stone House events, or for any legitimate purpose without payment or compensation. In the event that I do not consent to the above then I agree to advise Stepping Stone House of this in writing no later than one week prior to the Event.
10. AGREE WITH & ABIDE BY RULES
a. I agree to read all Event rules, regulations and conditions and conform to them.
b. I agree to follow the rules of the Activity, and to ensure that my child follows the rules of the Activity.
c. I acknowledge that Sydney Stepping Stone Inc., its employees, or representative may remove me and my child/ children from the Event or Activity (a) if my behaviour or the behaviour of my child/ children is inappropriate, offensive, or abusive, (b) to prevent damage to any property, (c) on medical or health and safety grounds (including to prevent possible harm or injury to myself, my child, or children or any other person), or (d) to prevent or arrest any form of unauthorised marketing, collection or monies or ambush marketing; (e ) if I am considered by Sydney Stepping Stone Inc. to be under the effect of alcohol or any drug.
11. REFUNDS
a. I acknowledge that under no circumstances will a refund be provided for donations made.
b. I acknowledge that if the Event is cancelled that Sydney Stepping Stone Inc., will refund to me the registration fee paid by me.
c. I acknowledge that, except in the case of cancellation of the Event by Sydney Stepping Stone Inc. that refunds will not be provided for the ticket registration fee paid by me.
d. I agree that my participation in the Event and Activity is not transferable for me or for my child/ children and that no other person is permitted to participate in the Event and Activity in my place or in the place of my child/ children.
12. DETAILS OF THE EVENT
a. I accept that I will probably get little sleep.
b. I acknowledge that I will sleep within the safety of the allocated event space at Taronga Zoo Sydney or of a remote location chosen by myself.
13. MISCELLANEOUS
a. I have read the information pack in relation to the Event and Activity available, including for download at www.steppingstonehouse.com.au.
14. FURTHER AGREEMENTS
a. I agree that if any portion of this agreement is found to be invalid or unenforceable, that the remainder will continue to be in force and effective. I also agree that any invalid clause will be modified or partially enforced to the maximum extent, as permitted by law, so that the purpose of the agreement is carried out.
b. Nothing in this document precludes Sydney Stepping Stone Inc., its board members, employees, volunteers, contractors, equipment providers, and government entities and other attendees from relying on any laws that limit or preclude their liability.
c. I agree that I and my child/children participate in the Event and all Activities at my own risk, and at my child’s/children's risk.
d. I agree and acknowledge that Sydney Stepping Stone Inc. has no control over and assumes no responsibility for the actions of any independent contractors and volunteers and members of the public who may provide services, or goods or be involved in the Event or Activities.
e. I agree that this agreement, indemnity and release is governed by the law of New South Wales.
f. I have fully read this agreement before signing it.
g. No oral statements or representations have been made, and I do not rely on any statements other than what is contained in this indemnity and release, in signing this agreement. I understand that this is an agreement and contract which affects my legal rights, and I am signing it of my own free will.
Signed by me, both for myself, and as the guardian or parent of the child/children named below.
Name: ……………………………………
Name(s) of children: ……………………………………
Address: ………………………………
Signature: ………………………………
Relationship to child(ren): ………………………………
|