PADHAUS PTY LTD
Liability Waiver, Risk Acknowledgement & Participant Declaration
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING.
This document contains important information about the risks associated with playing padel and using the PadHaus facilities. By accepting this document, you acknowledge those risks and agree to comply with the conditions set out below.
1. Who This Waiver Applies To
This document applies to all players, members, guests, visitors and other participants who book or use a court, participate in a match, lesson, coaching session, tournament, event or other activity, or access any part of the PadHaus premises.
It also applies to the use of club equipment and other facilities made available by PadHaus.
In this document, “PadHaus”, “we”, “us” and “our” refer to PadHaus Pty Ltd, the operator of the venue. “You” and “participant” refer to the individual using or accessing the venue.
Where a booking is made for multiple participants, each participant must accept this document before participating, subject to the provisions for minors below.
2. Acknowledgement of Risks
Padel is a physical recreational sport involving inherent and sometimes unpredictable risks. These risks exist even when players exercise reasonable care and follow the rules of the game.
By participating in padel or using the PadHaus facilities, you acknowledge and accept that you may be exposed to risks including, but not limited to:
Being struck by a ball, racket or other sporting equipment.
Collisions with other players, including accidental contact during play.
Collisions with glass panels, fencing, net posts, doors or other court structures.
Slipping, tripping or falling on court surfaces, walkways, access areas or other parts of the premises.
Unexpected ball rebounds from glass panels or other surfaces.
Muscle strains, sprains, joint injuries, fractures, dislocations and other physical injuries.
Eye, head or facial injuries caused by balls, rackets or accidental contact.
Cardiovascular stress, dehydration, heat-related illness or other effects of physical exertion.
Aggravation of pre-existing injuries, medical conditions or physical limitations.
Equipment failure or damage, including risks associated with court surfaces, glass panels or sporting equipment.
Injury caused by another participant's actions, mistakes or failure to follow the rules.
Serious injury or, in rare circumstances, death.
You understand that not all risks can be eliminated, even where reasonable precautions are taken.
3. Assumption of Risk and Liability
You voluntarily choose to participate in padel and use the PadHaus facilities, having considered the risks described in this document.
To the extent permitted by applicable law, you accept responsibility for the inherent and obvious risks of participation and acknowledge that injuries or losses may occur despite reasonable care.
Nothing in this document is intended to exclude, restrict or modify any right, remedy, guarantee or protection that cannot lawfully be excluded, restricted or modified under Australian law.
Any limitation or exclusion of liability in this document operates only to the extent permitted by applicable law, including the Civil Liability Act 2003 (Qld) and the Australian Consumer Law.
4. Release of Liability
To the fullest extent permitted by law, you release PadHaus Pty Ltd and its directors, officers, employees, contractors, coaches and agents from claims and liabilities arising from your participation in recreational activities or use of the facilities, to the extent those claims relate to risks that you have lawfully agreed to accept under this document.
This clause does not exclude liability where it would be unlawful to do so, including liability that cannot lawfully be excluded for negligence, unlawful conduct or a failure to comply with applicable statutory obligations.
Nothing in this clause limits any non-excludable rights you may have under the Australian Consumer Law.
5. Medical Fitness and Emergency Assistance
PadHaus does not provide medical advice or assess whether you are medically fit to participate.
By accepting this document, you confirm that, to the best of your knowledge, you are able to participate safely, taking into account your current health, physical condition and any relevant medical advice.
You agree to exercise within your capabilities, stop playing if you experience concerning symptoms and notify PadHaus staff if you require assistance.
If you have a pre-existing medical condition, injury, are pregnant or have concerns about participating in strenuous physical activity, you should seek appropriate medical advice before playing.
If you become ill, injured or incapacitated at the venue, you authorise PadHaus staff to contact emergency services and, where reasonably necessary, assist in arranging emergency medical treatment. You understand that you may be responsible for medical, ambulance or other treatment costs where those costs are not otherwise covered.
6. Participant Responsibilities and Safety
You agree to:
Follow all posted safety instructions, venue rules and reasonable directions from PadHaus staff.
Use the courts, equipment and facilities only for their intended purposes.
Wear suitable sports clothing and appropriate footwear.
Behave respectfully towards other players, staff and visitors.
Avoid reckless play, dangerous conduct, intentional contact or actions that may put others at risk.
Stop playing and notify staff if you identify a hazard, damaged equipment, cracked glass, an unsafe court surface or another potentially dangerous condition.
Stop participating immediately if you believe conditions are unsafe or you are unable to continue safely.
Avoid interfering with another court or entering another court during active play unless it is safe and authorised.
PadHaus may suspend play, refuse entry or require a participant to leave where reasonably necessary for safety, security, compliance with venue rules or the wellbeing of other people.
7. Alcohol, Drugs and Fitness to Participate
You must not play or participate in activities while impaired by alcohol, illicit drugs, medication or any other substance that affects your judgement, coordination or ability to participate safely.
You must not participate if your physical or mental condition creates an unreasonable safety risk to yourself or others.
PadHaus may refuse or stop participation if staff reasonably believe a person is impaired or otherwise unfit to participate safely.
8. Equipment Hire and Property Damage
PadHaus may make rackets, balls and other sporting equipment available for hire.
You agree to:
Use hired equipment responsibly and for its intended purpose.
Return hired equipment promptly and in the condition in which it was provided, allowing for reasonable wear and tear.
Notify staff immediately if equipment is lost, damaged or defective.
Report any damage to courts, glass panels, nets, fixtures or other facilities as soon as you become aware of it.
You may be held responsible for the reasonable cost of repairing or replacing equipment or property damaged or lost as a result of your misuse, negligence or deliberate conduct, subject to applicable law.
Ordinary wear and tear and damage not attributable to your conduct will not automatically make you liable.
9. Personal Belongings and Security
You are responsible for taking reasonable care of your personal belongings while at PadHaus.
To the extent permitted by law, PadHaus is not responsible for loss of, theft of or damage to personal belongings unless that loss, theft or damage is attributable to a liability that cannot lawfully be excluded.
Security cameras may operate within the venue for safety, security and operational purposes. Any collection, use and disclosure of personal information or surveillance footage will be handled in accordance with applicable laws and PadHaus's applicable privacy practices.
10. Participants Under 18
All bookings involving participants under 18 must be made by a parent or legal guardian, or by another person expressly authorised by the parent or legal guardian and permitted under PadHaus's booking policies.
Where a parent or legal guardian accepts this document on behalf of a minor, they confirm that they have authority to do so and have explained the relevant risks and safety requirements to the minor.
The parent or legal guardian acknowledges the risks of the minor's participation and agrees to take reasonable steps to ensure the minor follows the venue rules and safety instructions.
Children under 16 must be supervised by a parent or responsible adult while on the premises unless participating in an activity where PadHaus has expressly arranged appropriate supervision.
The parent or legal guardian may be responsible for booking charges and for damage caused by the minor to the extent provided by applicable law.
An adult's acceptance of this document does not automatically extinguish or waive any legal rights belonging to a minor. Any release, indemnity or assumption of liability concerning a minor operates only to the extent permitted by law.
11. Indemnity for Your Conduct
To the extent permitted by law, you agree to compensate PadHaus for reasonable losses or costs arising from third-party claims to the extent those claims are caused by your negligent, reckless or deliberate conduct, or your breach of this document.
This indemnity does not apply to the extent a claim or loss is caused by PadHaus's own conduct or any other circumstance for which you cannot lawfully be required to indemnify PadHaus.
12. Club Rules and Policies
You agree to comply with the PadHaus Rules & Conduct, booking and cancellation conditions, equipment hire requirements, safety instructions and other applicable venue policies as notified to you.
These policies are intended to operate alongside this document. If there is any inconsistency, applicable law will prevail.
PadHaus may reasonably update its venue rules and operational policies from time to time. Any material change to this waiver or its liability provisions must be communicated and accepted where required by law.
13. Australian Consumer Law
Nothing in this document excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.
Any exclusion or limitation relating to recreational services is intended to operate only where legally permitted and where all applicable statutory requirements are satisfied.
14. Governing Law
This document is governed by the laws of Queensland, Australia. The parties submit to the jurisdiction of the courts of Queensland and any courts competent to hear appeals from those courts, subject to applicable law.
15. Electronic Acceptance
By ticking the acceptance checkbox and submitting this form, you confirm that:
You have read and understood this document.
You understand that padel and the use of sporting facilities involve risks of injury.
You voluntarily accept the inherent and obvious risks of participation, subject to applicable law.
You agree to comply with PadHaus's safety requirements and venue rules.
The information you provide is accurate to the best of your knowledge.
You are accepting this document on your own behalf or, where applicable, as a parent or legal guardian acting within your lawful authority.
Your electronic acceptance will be recorded against your participant details, together with the date and time of acceptance and the version of this document presented to you.
PadHaus Pty Ltd
For questions about this document, please contact info@padhaus.com.au