![]() ![]() The release of liability under the ACL is mirrored in the ACLV, and as such, clause 3(a) of these Conditions applies to the discharge of each of YMCA Victoria and/or YMCA Victoria's Personnel from all and any claims, loss, damage, costs and expense in relation to the Recreational Services under the ACLV arising from death or personal injury (as defined in the ACLV).Ĭ. This release is intended to exclude the Participant's rights under Subdivision B of Division 1 of Part 3-2 of the ACL and all other rights which may legally be excluded.Ī. ![]() However it may be caused and even if caused by negligence or lack of due care and skill (other than Reckless Conduct) of YMCA Victoria and YMCA Victoria's Personnel arising from or connected with the supply or organisation of or participation in Recreational Services.ī. coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to the individual or community, or, that may result in harm or disadvantage to the individual or community, contraction, aggravation or acceleration of a disease of an individual or physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual) To the extent permitted by the law and in respect of any Recreational Services, including when Online Participants are online using the Virtual Y Platform, the Participants hereby release and discharge each of YMCA Victoria and/or YMCA Victoria's Personnel from all and any claims, loss, damage, costs and expense arising from any: Means the Virtual Y online platform available at .Ī. Means services that consist of participation in a sporting activity or a similar leisure time pursuit, or any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure, in accordance with section 139A(2) of the CCA and section 22(4) of the ACLV. Means if YMCA Victoria and/or YMCA Victoria's Personnel is aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person, and, engaged in the conduct despite the risk and without adequate justification, in accordance with section 139A(5) of the CCA. Means the physical location where the Program will take place including the physical boundaries of the Program as explained by YMCA Victoria Personnel at the beginning of the Program, but does not include any locations from which Online Participants access or use the Virtual Y platform. Means YMCA Victoria Youth Services program operated at the Program Site, or services and content accessed online by Online Participants at the Virtual Y Platform. Means employees, officers, contractors, agents and representatives (as applicable) and includes volunteers. Unless an age is specified, ‘participant’ refers to the obligations of both the registered participant and their parent/guardian. Means a person who is registered to participate in a Program. Means a Participant who accesses a Program online using the Virtual Y Platform. Means the Competition and Consumer Act 2010 (Cth). Means the Australian Consumer Law and Fair Trading Act 2012 (Vic) If the Participant has any queries in relation to these Conditions please contact the relevant Program Coordinator. The Program is operated by (YMCA Victoria). ![]() By entering the Program Site, the Participant accepts and understands as binding on them the Conditions and any accompanying risks, obligations and responsibilities. It is the Participant's responsibility to inform themselves of these Conditions and any other conditions relating to the Program prior to participating in the Program. Please read these Conditions carefully.ī. These Conditions of Participation (Conditions) and any accompanying program-specific indemnity forms, information packs and registration packs constitute the terms by which the Participant agrees to uphold whilst participating in the relevant Program.
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