PAWA ENTERPRISES PTY LTD trading as PAWA CRICKET

Online activity participation and indemnity waiver

IMPORTANT NOTICE – PLEASE READ CAREFULLY BEFORE AGREEING

By signing this document you are entering into a legally binding agreement with PAWA Enterprises Pty Ltd trading as PAWA Cricket (“PAWA Cricket”). This agreement affects your legal rights and obligations.

1. Acknowledgment of Risk

   I understand and acknowledge that participation in cricket activities including but not limited to batting, bowling, fielding, and using or operating a cricket bowling machine (“the activity”) involves inherent risks. These risks may include being struck by a ball, equipment malfunction, slips or falls, collisions, and other unforeseen accidents that may result in serious injury or death.

2. Voluntary Assumption of Risk

   I voluntarily assume all risks associated with the activity and agree that I participate entirely at my own risk. I acknowledge that PAWA Cricket has not made any representations or guarantees regarding safety and that equipment and facilities are used “as is”.

3. Release and Indemnity

   To the fullest extent permitted by law, I irrevocably release and indemnify PAWA Cricket, its directors, officers, employees, contractors, and agents from any and all claims, losses, costs (including legal costs), damages, or liabilities arising out of or in connection with:

   (a) any injury (including death) to me or any person under my supervision arising from or as a consequence of the activity;

   (b) any damage to property; or

   (c) my participation in any PAWA Cricket activity or use of its facilities whether arising from negligence, breach of contract, or otherwise;

   This waiver is intended to protect PAWA Cricket to the maximum extent allowed under Australian law, including under the legal doctrines of volenti non fit injuria (voluntary assumption of risk) and contributory negligence and including any such claims which allege negligent acts or omissions on the part of PAWA Cricket.

4. Safety and Conduct

   I agree to follow all safety instructions, warnings, and supervision provided by PAWA Cricket staff. I will not engage in conduct that may endanger myself or others. Failure to follow directions may result in termination of use without refund.

5. Fitness to Participate

   I declare that I am physically and medically fit to participate. I have disclosed any relevant medical conditions that could affect my safety or participation. I not suffer from any condition that may increase the risk of injury to myself or others. I will immediately cease participation if I feel unwell or unsafe.

6. Participants Under 16 Years

   If the participant is under 16 years of age, a parent or legal guardian must provide consent. The parent/guardian agrees to the terms of this waiver on behalf of the minor and accepts full responsibility. The parent/guardian agrees to indemnify PAWA Cricket against any claims arising from the minor’s participation.

7. Consent to Use of Images

I consent to PAWA Cricket using photographs, video, or recordings of my participation for promotional, training, or safety purposes, unless I notify PAWA Cricket in writing otherwise.

8. Amendment of terms

   PAWA Cricket reserves the right to amend these terms and conditions at any time without notice. The current version will be displayed on-site and on our website.

9. Jurisdiction and Severability

   The laws of the State of Queensland shall apply generally including in respect of any claim made against PAWA Cricket.

If any part of this waiver is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.