Participant Release, Risk Warning & Liability Waiver
This is a legally binding agreement under the Civil Liability Act 2002 (NSW) and the Competition and Consumer Act 2010 (Cth). By purchasing a ticket, registering for a session, or checking the acknowledgment box, you waive certain legal rights, including the right to sue The Local Network Pty Ltd (trading as Parra Locals), its directors, officers, employees, contractors, volunteers, and agents.
1. Definitions & Parties
- The Company: The Local Network Pty Ltd (trading as Parra Locals), including its directors, founders, officers, employees, event hosts, contractors, volunteers, affiliates, and representatives (collectively referred to as the "Released Parties").
- Activities: Any sports, recreational sessions, tennis drills, matches, workouts, trail runs, group hikes, social gatherings, workshops, or related events organised, hosted, or coordinated by the Company across any public or private venue in Australia.
- Participant: The person registering, purchasing a ticket, or attending the Activity (and, where the Participant is under 18 years of age, their parent or legal guardian).
2. Risk Warning & Assumption of Inherent Risk
(Notice pursuant to Section 5M of the Civil Liability Act 2002 (NSW))
Recreational Nature: The Participant acknowledges that participation in sports and recreational activities involves significant physical exertion and inherent risks of personal injury, illness, permanent disability, death, and property damage or loss.
Specific Risks: These risks include, but are not limited to:
- Slipping, tripping, or falling on hard courts, turf, uneven ground, gravel, or wet surfaces;
- Physical impact with tennis racquets, high-velocity tennis balls, nets, posts, fences, or other sports apparatus;
- Accidental or negligent physical collision with other participants, spectators, or court infrastructure;
- Overexertion, cardiovascular distress, dehydration, heatstroke, sprains, fractures, or muscle tears;
- Inclement weather, environmental exposure, or unpredictable outdoor conditions;
- Delays in emergency medical response due to remote or public park settings.
Voluntary Assumption: The Participant confirms that they participate in all Activities entirely at their own risk and freely, voluntarily, and knowingly assume all obvious, inherent, and foreseeable risks associated with the Activities.
3. Exclusion of Liability & Statutory Guarantees
(Notice under Section 139A of the Competition and Consumer Act 2010 (Cth) / Australian Consumer Law)
Exclusion of Statutory Warranties: Under the Australian Consumer Law (ACL), statutory guarantees apply to the supply of certain goods and services. However, under Section 139A of the Competition and Consumer Act 2010 (Cth) and equivalent State legislation, the Company is permitted to exclude liability for death or personal injury arising from the supply of recreational services.
Waiver of Claims: To the maximum extent permitted by law, the Participant agrees that the statutory guarantees under the ACL do not apply to the Activities, and releases the Released Parties from all liability for:
- Death;
- Physical or mental injury (including the aggravation, acceleration, or recurrence of such an injury);
- Contraction, aggravation, or acceleration of a disease; or
- Anything that is or may be harmful or disadvantageous to the Participant or individuals with whom the Participant interacts, arising out of or in connection with the supply of recreational services, except where such death or personal injury is caused by the reckless conduct of the Released Parties as defined under Section 139A(5) of the Competition and Consumer Act 2010 (Cth).
Property Loss: The Released Parties accept no responsibility for loss, theft, or damage to personal items, equipment, racquets, vehicles, or belongings brought to any session or venue.
4. Participant-to-Participant Liability & Code of Conduct
Third-Party Actions: The Participant acknowledges that the Released Parties are not responsible for the independent, erratic, or reckless conduct of other participants, spectators, or third parties present at public council or private venues.
Conduct Warranty: The Participant agrees to:
- Follow all verbal instructions, court safety briefings, and rules issued by session leaders;
- Inspect the court and surrounding play area prior to commencing play and immediately notify organizers of any hazardous surface conditions;
- Cease participation immediately if feeling fatigued, dizzy, unwell, or injured;
- Refrain from dangerous play, unsportsmanlike behavior, or reckless swings.
Indemnity: The Participant agrees to indemnify and hold harmless the Released Parties from and against any loss, cost, liability, claim, or expense (including legal fees on a solicitor-client basis) arising directly or indirectly from the Participant's deliberate, reckless, or negligent actions, or breach of this agreement.
5. Medical Fitness & Emergency Authorization
Fitness Declaration: The Participant declares that they are in good health, physically fit to participate in strenuous physical activity, and do not suffer from any known medical condition, cardiovascular issue, respiratory illness, or physical injury that would make participation unsafe.
Emergency Care: If the Participant is incapacitated or unable to give consent, they authorize the Released Parties to arrange whatever medical treatment, ambulance transport, or hospitalization is deemed reasonably necessary.
Medical Costs: The Participant agrees that all medical, hospital, and ambulance expenses incurred are their sole financial responsibility, acknowledging that ambulance services in NSW are not covered by Medicare.
6. Media, Photography & Content Release
Consent to Record: The Participant acknowledges that photographs, digital images, and video footage are captured during Activities for social media, marketing, and promotional purposes.
Grant of Rights: The Participant grants The Local Network Pty Ltd an irrevocable, royalty-free, perpetual, worldwide license to capture, edit, broadcast, and publish their likeness, image, voice, and name across digital platforms (including Instagram, TikTok, YouTube, and website domains) without compensation or approval rights.
Opt-Out: Participants who wish to be excluded from promotional media must notify the session director in writing (gday@parralocals.com.au) prior to the commencement of the session.
7. Digital Signature, Severability & Jurisdiction
Binding Electronic Assent: The Participant confirms that clicking the acceptance checkbox during checkout, ticket purchase, or RSVP constitutes a valid and legally binding electronic signature equivalent to a physical execution under the Electronic Transactions Act 2000 (NSW).
Severability: If any provision of this agreement is determined to be invalid, unenforceable, or illegal by a court of competent jurisdiction, that provision will be severed to the minimum extent necessary, and all remaining provisions shall remain in full legal force and effect.
Governing Law: This agreement is governed by the laws of New South Wales, Australia, and the parties submit exclusively to the jurisdiction of the courts of New South Wales.