1. In these terms and conditions:
a)
APF means Australian Parachute Federation Ltd (ABN 75 061 266 510);
b)
Claim means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost, or expense however arising. However, Claim does not include a claim against the APF under any right expressly conferred by its Constitution or the Regulations (other than a claim for death, personal injury, or property damage);
c)
Parachuting Activities mean performing or participating in any capacity, including as a member, in any authorised or recognised APF activities, including but not limited to parachuting or skydiving, training to parachute or skydive, flying in any aircraft being used for or in connection with parachuting or skydiving and related activities; and
d)
You or
you means the applicant for membership of APF named at the end of these terms and conditions.
2. Upon signing these terms and conditions and lodging this application you will, subject to the
APF Constitution, become a member of APF. You acknowledge, agree and consent to becoming a member of APF. Upon your becoming a member of the APF, the APF Constitution and the APF Regulations will comprise a contract between you and the APF and you will be bound by those documents. You shall submit to any disciplinary measures taken against you and shall only appeal any disciplinary decision in the manner permitted under the APF Constitution and the Regulations. You will pay on demand the prescribed or stated APF membership fees.
3. You acknowledge that prior to undertaking a parachute descent, you must sign the version of the Parachuting Contract (APF form CL8, which can be read
here) that corresponds to the state/territory in which you will undertake the parachute descent, and you agree that you will be bound by that Parachuting Contract. You agree that you will sign a Parachuting Contract (APF form CL8) at each and every drop zone where you undertake a parachute descent at least once each membership year (1 July to 30 June), prior to undertaking a parachute descent at that drop zone.
4. These terms and conditions, together with each and every Parachuting Contract (APF form CL8) you sign, or are required to sign, during the term of your membership, the APF Constitution and the APF Regulations constitute the entire agreement between the parties in respect to the Parachuting Activities and supersede all other agreements, understandings, representations and negotiations with APF in relation to the Parachuting Activities. To the extent that any clause of these terms and conditions, or any clause in the entire agreement between the parties, is void or unenforceable it is severable and does not affect the remaining provisions of these terms and conditions or the entire agreement.
5. In consideration of APF accepting your membership application, to the extent permitted by law you:
i. release and forever discharge APF from all Claims you may have or may have had but for this release arising from or in connection with your membership of APF; and
ii. release and indemnify APF against any Claim which may be made by you or on your behalf for or in respect of or arising out of your death or personal injury (including physical or mental injury) whether caused by the negligence of or breach of contract by APF or in any other manner whatsoever; and
iii. indemnify and will keep indemnified and hold harmless APF in respect of any Claim by any person:
a) arising out of or in connection with your membership of APF; and
b) against APF in respect of any injury, loss or damage arising out of or in connection with a failure to comply with the rules and/or directions of APF or a member of APF.
6. The governing law of these terms and conditions is the law of the state of Queensland (Jurisdiction). You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of the Jurisdiction and waive any right to object to the exercise of such jurisdiction. The governing law of any individual Parachuting Contract (APF form CL8) that you enter into is as outlined in that Parachuting Contract (APF form CL8).
7. You acknowledge and consent to photographs and electronic images and video being taken of you when you are undertaking the Parachuting Activities or in connection with your membership of APF. You acknowledge and agree that such photographs and electronic images and video are owned by the APF and the APF may use the photographs and electronic images and video for promotional or other purposes without your further consent being necessary.
8. You understand that the personal information you have provided in your membership application is necessary for the conduct and management of the Parachuting Activities and for the administration of parachuting in Australia generally, and that it is collected in accordance with the
APF Privacy Policy. You acknowledge that the APF may use or disclose your personal information for the purposes of providing you with member services or promotional material or otherwise in accordance with the APF Privacy Policy. The APF may share your information with third parties such as affiliates and other organisations involved in parachuting in Australia; companies engaged by the APF to carry out functions and activities on the APF's behalf including direct marketing; the APF's professional advisers, including the APF's accountants, auditors, and lawyers and the APF's insurers; however, your information is not generally disclosed to anyone outside Australia. You understand that the APF Privacy Policy contains information about how you may access, and request correction of your personal information held by the APF or make a complaint about the handling of your personal information and provides information about how a complaint will be dealt with by the APF. You acknowledge that your membership application may be rejected if the information is not provided. If you do not wish to receive promotional material from APF sponsors and third parties, you must advise the APF in writing or via the opt-out procedures provided in the relevant communication.
9. A right to be a member of APF is non-transferable to another person or other people. Any attempt to transfer your membership of APF to another person without the knowledge and approval of APF may result in the cancellation of any rights granted to you by APF without refund and you may not be permitted to participate in further Parachuting Activities or APF membership activities.
I, the applicant for membership of the Australian Parachute Federation Ltd, have read, or have had read to me, the above terms and conditions and having understood same, consent to the activity proposed. I agree to abide by the APF Constitution and the APF Regulations.