SUPBALL Manly League 26/27

Warning is given to all participants in SUPBALL that there is a risk of harm to their person and/or property arising from the fact SUPBALL is a body contact activity and participants can be pushed/tackled from the boards and fall on their board/other boards.

I agree I am responsible for the board and paddle (collectively ‘equipment’) used by me at all times

I agree photographs/videos of me may be used by MKC for marketing purposes and hereby consent to their use without compensation

I acknowledge the term ‘equipment’ means that equipment under my control from time to time and that within the rules of SUPBALL, players can swap/use another participant’s equipment and I may not be using the same equipment for the duration of the game

I warrant that I have no physical impairments, injuries, or illnesses that will endanger me or others. I represent that I am not aware of any medical or physical condition that would prevent me from participating in SUPBALL or from using MKC equipment, which pose a serious health risk to me or others.

I warrant that I am able to swim competently up to 150m in open waters;

By participating I give MKC and its staff permission to administer first aid in the event of an incident and painkillers such as Ibuprofen or Paracetamol

I undertake to follow any verbal or written instructions given by MKC or its staff and that should I not follow those instructions MKC staff may remove me from the game

Express Assumption of Risk
Pursuant to section 5M of the Civil Liability Act 2002 (NSW) (“CLA”) MKC warn me and I acknowledge that I have been warned that my use of the equipment and participation in SUPBALL is a “recreational activity” as defined in section 5K of the CLA. These activities are also “dangerous recreational activities” as defined in that section, because the use of the equipment and participation in SUPBALL each involve significant risks of physical harm. I acknowledge that there are inherent risks of injury when participating in any recreational activity. These risks include but are not limited to: muscle and ligament sprains and damage, spinal injury including damage to discs and vertebrae, broken or fractured bones, heart conditions including heart attack, stroke loss of consciousness, head injury, joint damage, injuries to hands, feet, fingers and toes, heat stroke and other complications. If I sustain such injury I may also suffer loss and damage including financial loss. There is also a risk of death, or that any injury I suffer from may be permanent. Such injury, loss, damage or death may occur while I am using equipment as part of participation in SUPBALL. This can occur as a result of my actions including injuries to my person which could arise from body contact with other participants, contact with other participants’ boards or paddles or contact with my own board or paddle. Lastly, I may also suffer loss because my personal property is stolen, lost, damaged or destroyed.
I warrant that my use of equipment and participation in SUPBALL is in all respects voluntary. I acknowledge the risks set out in clause 7 above and assume all those risks.
I acknowledge that MKC and its officers, agents and employees and related entities (collectively “the MKC Released Entities”) will not be held responsible by me for any injury, damage or loss suffered by me by reason of any omission or negligence of any MKC Released Party or any third party, or by any other reason whatsoever at any location in which SUPBALL is played.

Release and Indemnity
I release and discharge MKC Released Parties, from all liability, claims, demands, costs and causes of action of any kind (including any negligence) relating to my death, personal injury, accident or illnesses and property damage, theft or loss that I have now or may in the future have against the MKC Released Parties arising from, or in any way connected with, my participation in SUPBALL and use of equipment. This release does not apply to significant personal injury or death caused by MKC Released Parties “reckless conduct” as defined in the Competition and Consumer Act 2010 (Cth).
I indemnify the MKC Released Parties against all liability, claims, demands, costs and causes of action of any kind (including any negligence) relating to my death, personal injury, accident or illnesses and property damage, theft or loss that I have now or may in the future have against the MKC Released Parties arising from, or in any way connected with, my participation in SUPBALL and use of equipment (including costs and solicitor fees including disbursements).

I have read and fully understand the content of this entire document, including the release of all claims and my obligation to indemnify the MKC Released Parties.

I understand this document will be binding on myself and may be used as a complete defence to any claim by me or any party claiming on my behalf including in a court of competent jurisdiction.