Treetop Waiver - How Much Right I Am Throwing Away

Anyone participate the tree top activities must sign this:

https://www.treetops.com.au/uploads/default/files/ttwsp005_w...

The part that concerning me the post is the second last paragraph :

I hereby release and hold harmless Ecoline Pty Ltd, TreeTop Adventure Park Sydney Pty Ltd, Western
Sydney Parklands Trust, its principals, servants and/or agents from any suit, demand or claim whether present, future or contingent arising as a
consequence of and not limited to death, injury or disablement received by myself/my children during the participation in the said activities.

The above sound pretty lame. If it's something like bungee jump I understand about the risk of death and serious injury but treetop? And waived any future law suit for any injury or death? Is that even legal?

Poll Options expired

  • 2
    Totally legal, go ahead and sign your life away!
  • 37
    Just sign it, if bad thing happen because of their fault you are able to sue them anyway
  • 1
    Don't sign it, this waiver form is unfair and I should complaint get a refund!

Comments

  • +11 votes

    They can’t contract away their duty of care, but if this unenforceable wording stops somebody suing them because they didn’t know that, it is a win for them.

    •  

      Yeah, that make sense.

    • +4 votes

      Is it legal to ask people to sign saying that the company is not responsible?

  • +3 votes

    Just sign but not your name and then you are golden when you die…

  • +2 votes

    It’s probably exactly the same wording as any other slightly risky recreational activity. It’s not a get out of jail free card for them. They still need to provide a safe environment, but you also need to know that there are risks and you may be injured.

    I’ve signed similar for rock climbing, abseiling, quad bikes, go karts, pint ball and probably ski lift tickets to name a few.

    • +2 votes

      This, it's to protect themselves from idiots, not to absolve them of responsibility when they have failed to provide a safe environment.

  •  

    The other angle, of course, is that no one is forcing you to participate. If you don't like the waiver, don't do the activity.

  •  

    Curious why they're referencing the Competition and Consumer act 2010 and TPA in a civil liability waiver.

    This waiver form is signed by the adult

    Easy out…

  • +2 votes

    I think these are more designed to cover them if you do something outside of the prescribed activites which would be outside their duty of care.

  •  

    Yeah, they can say "waiver" all they like, but if you can prove there was negligence on behalf of a staff member (ie: bad instructions, poor checking of gear, outdated gear, etc.) there is no way that would hold weight if you to have an accident and could prove it was something they did that contributed to the injuries.

    Now, if they told you to wear your gear and stay on the designated path, and you wanted to YoLo!!1!!!!1! it for your 8~9 Instagram followers and throw your helmet off, take your harness off and climb outside the safety barrier because "rates and likes", then that is the part you cant hold them liable for.

  •  

    They are not responsible for you negligence on not clipping on harnesses or by climbing outside safety cages/netting’s.
    They cannot absolve themselves of machinery or equipment faults just because you signed it. There is still a duty of care to their guests, especially if they charge you to use said equipment.