Carpe Dink'em Pickleball
Legal · Participant Agreement

Participant Waiver.

This waiver is presented to all new players at the time of their first booking. By booking a session, you agree to the terms below.

CARPE DINK'EM PICKLEBALL — Participant Waiver, Release of Liability & Assumption of Risk The following affects your legal rights. Please read carefully before agreeing. For participants under 18, this waiver must be completed by a parent or legal guardian. ACTIVITIES "Activities" means participation in Pickleball, including indoor and outdoor play with paddles and a perforated plastic ball, plus all related tasks: briefings, warm-ups, training, equipment use, and transport to and from sessions. RISK WARNING I acknowledge that participation involves real risk, including: • physical, bodily, or psychological injury, illness, or death • physical exertion beyond my usual fitness level • equipment failure or inadequate equipment • limited treatment or transport in the event of injury • changing weather or surface conditions • injury caused by other participants, or that I may cause to others • risks arising from negligence, breach of contract, or statutory duty This warning is provided per applicable Australian legislation, including the Civil Liability Acts of NSW and WA. PARTICIPANT'S WARRANTIES I agree to: • follow all safety rules and instructions from the Provider • use and wear all required equipment • participate only if medically and physically fit • disclose any pre-existing medical conditions • notify the Provider immediately of any injury or concern • avoid reckless, negligent, or dangerous behaviour • not participate while impaired by alcohol or drugs I consent to the Provider providing first aid, emergency treatment, or evacuation if needed, and accept financial responsibility for resulting costs. EXCLUSION OF LIABILITY To the fullest extent permitted by law, I release, waive, and forever hold harmless Carpe Dink'em Pickleball, its officers, employees, agents, contractors, volunteers, and representatives ("the Provider") from all liability for personal injury, loss, damage, or death arising from the Activities. This includes liability for negligence, breach of contract, breach of statutory duty, error, or omission. I agree to indemnify the Provider against any such claims. WAIVER UNDER AUSTRALIAN CONSUMER LAW By agreeing, I confirm that statutory guarantees under the Australian Consumer Law for recreational services are excluded, restricted, or modified to the extent permitted by law. For QLD, NSW, WA, TAS, NT, ACT and Commonwealth: The Provider's liability for death, physical or mental injury, disease, or other harm arising from these recreational services is excluded. For South Australia: I am not required to agree to this exclusion. However, the Provider may decline services if I do not. I agree that the Provider's liability for personal injury from the Activities is excluded. A parent or guardian cannot waive the rights of a participant under 18. ASSUMPTION OF RISK I am voluntarily participating entirely at my own risk. I understand risks include serious injury, permanent disability, paralysis, emotional harm, financial loss, and death. I assume all such risks, known and unknown. I further acknowledge: • the Activities may test my physical and mental limits • I participate only if medically able • the Provider is not responsible for acts of third parties • I am responsible for any damage I cause to property or facilities • this waiver remains in effect for all future participation CODE OF CONDUCT I agree to conduct myself in a respectful, safe, and sportsmanlike manner at all times. I acknowledge that the following behaviours are strictly prohibited and may result in immediate removal from the session, cancellation of current and future bookings, and a temporary or permanent ban from all Carpe Dink'em Pickleball events and platforms: • aggressive, threatening, intimidating, or violent behaviour toward any participant, volunteer, staff member, or representative of the Provider • abusive, offensive, or harassing language or conduct, whether verbal, written, or physical • racist, discriminatory, or prejudicial conduct of any kind • antisocial behaviour that disrupts the enjoyment, safety, or wellbeing of other participants • conduct that brings Carpe Dink'em Pickleball into disrepute, whether on or off the court • any behaviour that, in the sole judgement of the Provider, is deemed inappropriate, unsafe, or contrary to the values of the club RIGHT TO REFUSE, REMOVE & BAN Carpe Dink'em Pickleball reserves the absolute right, at its sole discretion and without obligation to provide reasons, to refuse a booking, remove any participant from a session, cancel any existing booking, or impose a temporary or permanent ban on any individual. SKILL LEVEL & SESSION SUITABILITY Each session is designed for a specific skill level. By booking, I confirm that I meet the skill level requirements for the session I am registering for. CREDITS & REFUND POLICY Any unused credit is non-refundable. Credit not used within 6 months of issue is void. SEVERABILITY If any part of this agreement is found invalid, the remainder remains in full force. DECLARATION By agreeing, I confirm that: • I am 16 years of age or older (or have parent/guardian consent if under 18) • I have read and understand this Waiver and Release of Liability • I understand it is a binding legal document • I agree freely and voluntarily, without duress • I have read and agree to the Code of Conduct outlined above • I understand that Carpe Dink'em Pickleball reserves the right to refuse, remove, or ban any participant at its sole discretion • This agreement cannot be modified orally