WAIVER AND RELEASE OF LIABILITY
Please carefully read all sections of this form before indicating your consent.
You must provide accurate and truthful information.
Completion of this form is mandatory before you may participate in the proposed activities.
We do not recommend that you participate in the proposed activities if you currently suffer from any serious or significant health conditions; have abnormal blood pressure; have a heart condition of any kind; have a breathing condition of any kind.
This is a legal document that affects your legal rights.
WARNING: FOREST THERAPY HEALTH, SAFETY & WELL-BEING NOTICE
Participating in Forest Therapy activities involves some inherent risks that can result in injury or harm to individuals.
It is your responsibility to:
Ensure that you are physically and mentally fit to participate in the activities.
Take appropriate precautions to protect yourself from any risks involved in the activities.
Follow the instructions provided by the activity leader.
Alert the activity leader if you have any concerns or difficulties during the activities.
Carry any necessary equipment and supplies for the activities.
I understand that aspects of Forest Therapy can be hazardous and that there are risks involved, including but not limited to: slips, falls, encounters with wildlife, exposure to weather conditions, trip hazards, and other risks associated with outdoor activities. I acknowledge that these risks may result in injury or harm to myself.
By participating in this activity, I hereby waive, release, and discharge all claims for damages or liability against Nunc Pty Ltd trading as Focus on Living, including its directors, officers, staff, organisers, leaders, volunteers, and any affiliated organisations or individuals, arising from any injury, harm, illness or death that may occur because of my participation in the activity.
I further agree to indemnify and hold harmless Nunc Pty Ltd trading as Focus on Living, including its directors, officers, staff, organisers, leaders, volunteers, and any affiliated organisations or individuals, from all claims, damages, and expenses, including legal fees, arising from my participation in the activity.
By accepting these terms, I acknowledge that I understand the proposed activities and have voluntarily chosen to participate and have agreed to assume all risks associated with the activities.
I acknowledge that I have carefully read this document and that I understand and agree with its contents and all of its terms.
ATTENTION: YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW
Under the Australian Consumer Law (ACL) you as a consumer are entitled to certain statutory guarantees when you obtain goods and services. The supplier named in this form must ensure that the Forest Bathing services provided to you:
are provided with due care and skill.
are fit for purpose.
might reasonably be expected to achieve their intended result.
Under section 22 of the ACL, the supplier may ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be
acknowledging that your legal rights against the supplier under the ACL in the event of any injury, harm, illness or death resulting from or contributed to by the services having been provided not in accordance with these statutory guarantees, will be excluded, restricted, or modified in accordance with the terms outlined in this form.
It is important to note that the change to your rights, as outlined in this form, will not apply in cases of gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. Please refer to regulation 5 of the ACL for further information.