1.) PARACHUTING & FLYING IN PARACHUTING AIRCRAFT IS DANGEROUS. Serious accidents can and often do happen which may result in death, personal injury or damage to property.
2.) The applicant agrees that upon becoming a member of Australian Parachute Federation Ltd (APF), the liability of APF in relation to the supply of recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) or as a result of the applicant's participation in Parachuting Activities for any:
(ii) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury;
(iii) the contraction, aggravation or acceleration of a disease;
(iv) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
(A) that is or may be harmful or disadvantageous to you or the community;
(B) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities,
is excluded, and the application of any express or implied term or any guarantee under the Australian Consumer Law that any services will be provided with due care and skill is hereby excluded.
3.) In consideration of APF accepting this membership application, to the extent permitted by law the applicant:
(i) releases and forever discharges APF from all Claims that he/she may have or may have had but for this release arising from or in connection with his/her membership of APF or undertaking the Parachuting Activities; and
(ii) releases and indemnifies APF against any Claim which may be made by him/her or on his/her behalf for or in respect of or arising out of his/her 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) indemnifies and will keep indemnified and hold harmless APF in respect of any Claim by any person:
(A) arising out of or in connection with their membership or undertaking the Parachuting Activities; 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.
4.) For the purposes of this Section 7:
(i) "Claim" means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with any Parachuting Activities; and
(ii) "Parachuting Activities" means 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.
5.) The applicant acknowledges that the exclusions, releases and indemnity provided in clauses 2 and 3 are binding upon him/herself, his/her executors, administrators, dependents and other personal representatives.
6.) The applicant undertakes Parachuting Activities and flying in parachuting aircraft entirely at his/her own risk.