Gel Sports Games Waiver, Release and Indemnification

To: GUERILLA BLASTERS, including any directors, officers and employees, agents, servants, licensees and invitees.
  • I, as the named player or parent/guardian of the named player, hereby agree for myself, my executors, administrators, heirs, next of kin, successors, agents, attorneys and assigns:
    • not to make any claim or demand of any kind or institute any proceedings against GUERILLA BLASTERS for any injury, damage or loss of any kind whatsoever including, but not limited to personal belongings, vehicles, personal injury or death sustained by or occasioned by me in the course of or incidental to playing Gel Sports.
    • not to make any claim or demand of any kind for any injury or damage arising directly or indirectly from any act, omission, neglect or default of GUERILLA BLASTERS arising as a result of me being on or near the designated playing field area including any damage or injury that results from the supply of faulty or inadequate equipment.
    • to indemnify and save harmless GUERILLA BLASTERS, it’s directors, officers and employees, agents, servants, licensees and invitees for all loss, injury or damage which they or any of them may sustain by reason of:
      • Any loss or injury suffered by me in the course or of incidental to playing the game of Gel Sports or arising or resulting from me being on or near the designated field playing area
      • Any loss or injury suffered by any other person whatsoever as a result of my neglect or willful act or omission
  • I acknowledge that Gel Sports is a Dangerous Recreational Activity which is defined in the Civil Liability Act 2003 (QLD) as being an activity engaged in for enjoyment, relaxation or leisure that involves a significant degree of risk of physical harm to a person and I hereby warrant that:
    • I am in good physical condition
    • I have no physical or psychological disability, impairment or ailment which would prevent me from playing Gel Sports or would be detrimental to my health, safety, comfort or physical condition or the health, safety, comfort or physical condition of others while playing Gel Sports or while at or near the designated playing field area
    • I accept that GUERILLA BLASTERS may make an assessment of any conditions or impairments that I present with and I also accept that GUERILLA BLASTERS reserves the right to disallow my participation in Gel Sports in the interests of my own safety and the safety of other players after making such an assessment.
  • I warrant that I am fully aware of the inherent and obvious risks involved in playing Gel Sports and I understand that there may be the possibility of injury to me including injury caused to me if equipment does not function properly. I understand that the risks involved in playing Gel Sports include, but not limited to: falling, tripping, contact or collision with other players or objects in the playing field area, heat or cold exposure, dehydration and exhaustion. I am aware that minor injuries such as sprains, bruising scrapes or cuts may result from playing Gel Sports. I also understand that major injuries are uncommon however playing Gel Sports may result in injuries such as but not limited to broken bones or fractures, torn or strained muscles, ligaments and tendons and concussions. I nevertheless assume all such risks.
  • I acknowledge that by signing this document, to the fullest extent permitted by law, the liability of GUERILLA BLASTERS shall be excluded in relation to any Dangerous Recreational Activities provided for any:
    • death
    • physical or mental injury (including the aggravation, acceleration or recurrence of such an injury)
    • the contraction, aggravation or acceleration of a disease
    • the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
      • that is or may be harmful or disadvantageous to me or the community
      • that may result in harm or disadvantage to me or the community
      • that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) resulting from the supply of recreational services or recreational activities.
  • I accept full responsibility for all equipment supplied to me, including equipment supplied during the day and
    • I agree to cover the full cost of any or all material and or equipment that may be lost or damaged whilst in my care
    • I understand that if I do not return all equipment given to me that I will be liable to pay all charges including all legal costs
    • I acknowledge that equipment must be returned to staff at the venue and the act of leaving equipment unattended at the front counter at the end of my participation does not constitute acceptable return
    • I accept that any equipment not returned by me at the end of the day must be paid for.
    • I accept that if I leave GUERILLA BLASTERS without returning all my equipment, then my details will be given to the police
    • I understand that only I am responsible for all my equipment being returned.
  • I undertake to play Gel Sports only in accordance with the safety instructions, rules and directions presented to me by GUERILLA BLASTERS its directors, officers and employees, agents, servants, licensees and invitees and I accept that the rules of Gel Sports which I agree to follow also form part of this waiver.
  • I understand that failure to follow the instructions of GUERILLA BLASTERS, its directors, officers and employees, agents, servants, licensees and invitees will warrant my removal from the property
  • I agree to wear and not remove my protective headgear whilst on or close to the Gel Sports playing area and I agree not to remove my protective headgear without the express permission of GUERILLA BLASTERS.
  • I accept that GUEIRLLA BLASTERS reserves the right to cancel, amend or vary any orders for product or provision of recreational activities for any reason and without notice.
  • I confirm that the information that I have provided is true, current, complete and accurate at the time of completing this form and I also agree to update any information that I have provided to GUERILLA BLASTERS in the event of any changes in circumstances that would render the previously provided information as being no longer true, current, complete or accurate.
  • I consent at all times not to play Gel Sports under the influence of any controlled substances including but not limited to alcohol and/or drugs (prescribed or illegal).
  • I consent to receive any treatment at my own expense which has been deemed necessary by GUERILLA BLASTERS in the event of any injury, accident and/or illness to me during any activity.
  • I consent to GUERILLA BLASTERS collecting, storing and using all personal and non-personal information provided on this waiver for the purposes of providing the Gel Sports recreational activity, for the purposes of marketing or to meet any legal obligations.
  • I accept that as is necessary to complete any transaction or provide any service that is requested, GUERILLA BLASTERS may share my information with trusted third parties, other affiliates and any subsidiaries we rely upon to assist in the provision of services to me.
  • I accept that refunds for Gel Sports bookings are not available for change of mind or if I failed to clearly explain my needs to GUERILLA BLASTERS prior to my booking.
  • I consent to GUERILLA BLASTERS collecting, storing and using my personal and non-personal information provided by me or by a minor for whom I am a parent or guardian for the purposes of providing the Gel Sports recreational activity, for fulfilling orders for products and activities through the GUERILLA BLASTERS store or website, to respond to enquiries, offer support and communicate with me, to screen orders for risk of fraud or other illegal activity or to meet any legal obligations
    • I also accept that GUERILLA BLASTERS may use my personal and non-personal information for advertising and marketing purposes in line with my preferences that I have shared with GUERILLA BLASTERS. I understand that I may at any time unsubscribe from marketing or advertising email communications from GUERILLA BLASTERS [either digitally via the ‘unsubscribe’ feature included in email communications and/or] by contacting them directly to indicate my preferences.
  • I hereby grant permission to GUERILLA Blasters to use photographs and/or video of me taken on or at GUERILLA BLASTER Skirmish fields in publications, news releases, online, and in other communications related to the mission of GUERILLA BLASTERS. I understand that I can revoke this permission by contacting GUERILLA BLASTERS to inform them that I do not wish for photographs or videos of me to be used in their publications, news releases or communications.
  • I understand that GUERILLA BLASTERS has a ZERO TOLERANCE POLICY when It comes to any form of safety violations and accept that if I do not follow THE SAFETY RULES then my Gel Sports session will be terminated immediately without any refund. I understand that this is done for my safety and fully accept these terms prior to my participation commencing.
  • I warrant and represent to GUERILLA BLASTERS that I have all necessary capacity, rights, power, and authority to agree to these terms and conditions and to perform my obligations, and nothing contained in this agreement or in the performance of such obligations will place me in breach of any other obligation.
  • I confirm that I have reached at least 18 years of age
    • I, as a parent or guardian of the player, acknowledge that I have reviewed the above terms and conditions which I understand and agree to and I hereby waive, release and indemnify GUERILLA BLASTERS from any liability for loss injury or death sustained or occasioned by the minor both now and at any stage in the future.
  • I agree that if any provision in this agreement is determined to be unlawful, void or unenforceable such a provision shall nonetheless be enforceable to the fullest extent permitted by law and the unenforceable portion shall be deemed to be severed
    • in the event of severance of any provision in this agreement the validity or enforceability of any remaining provisions of the agreement shall not be affected.
  • I agree that the failure of GUERILLA BLASTERS to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.
  • I accept that any ambiguities in the interpretation of this agreement shall not be construed against GUERILLA BLASTERS and I undertake to contact GUERILLA BLASTERS before purchasing recreational services if I have any questions about this agreement.
  • I accept that this agreement shall be governed by the laws of Queensland.