MEMBERSHIP DECLARATION
By completing the membership form attached or on the website
www.activespirit.com.au I hereby apply for membership of Active Spirit. In consideration of
my application for membership being accepted
I acknowledge and agree that:
1. In this membership declaration:
“
Active Spirit” means the legal entity, individual or sole trader trading as “Active Spirit (ABN 26 757 292 335)” from time to time and, where the context
so permits, its respective directors, officers, employees, contractors, servants or agents.
"
Activities" means performing or participating in any capacity in any authorised or recognised Active Spirit activity. Such activities may include, but
shall not be limited to, sport and recreational activities, social events, charity events, educational events, business events and personal development
events.
"
Claim" means and includes any action, suit, proceeding, claim, demand, damage, cost or expense however arising including but not limited to
negligence but does not include a claim against a Active Spirit under any right expressly conferred by its constitution or regulation.
2.
Membership: If my application for membership is accepted, this membership declaration shall form a binding contract and I will be a member of Active
Spirit on the terms and conditions set out in this membership declaration. I acknowledge my membership will be deemed to be accepted upon my
participation in the Activities or as otherwise advised by Active Spirit. I acknowledge that I will be bound by and agree to comply with the rules applying
to the Activities and the constitution, regulations, policies and directions of Active Spirit as amended from time to time. I acknowledge that Active Spirit
reserves the right to cancel my membership at anytime if I fail to comply with the rules applying to the Activities or the constitution, regulations, policies
and directions of Active Spirit; or if my conduct is unbecoming a member of Active Spirit or brings Active Spirit into disrepute. I acknowledge and agree
that if my application for membership is accepted, I shall participate in the Activities entirely at my own risk.
3.
Warning: The Activities can be inherently dangerous. I acknowledge that I am exposed to certain risks during the Activities and that accidents can and
often do happen which may result in me being injured or even killed, or my property being damaged. I have voluntarily read and understood this
warning and accept and assume the inherent risks in participating in the Activities.
4.
Exclusion of Implied Terms: I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and
rights usually implied into a contract for the supply of goods or services may be excluded. I acknowledge that these implied terms and rights and any
liability of Active Spirit flowing from them, are expressly excluded to the extent possible by law, by this membership declaration. To the extent of any
liability arising, the liability of Active Spirit will, at the discretion of the relevant Active Spirit, be limited in the case of goods, to the replacement, repair or
payment of the cost of replacing the goods and in the case of services, the resupply of the services or payment of the cost of having the services
supplied again.
5.
Release and Indemnity: In consideration of Active Spirit accepting my application for membership I, to the extent permitted by law:
(a) release and will release Active Spirit from all Claims that I may have or may have had but for this release arising from or in connection with my
membership and/or participation in any the Activities; and
(b) indemnify and will keep indemnified Active Spirit in respect of any Claim by any person arising as a result of or in connection with my
membership and/or participation in any the Activities.
6.
Insurance: I acknowledge that any fees paid by me to Active Spirit do not include any personal accident, or other type, of insurance.
7.
Fitness to Participate: I declare that I am medically and physically fit and able to participate in the Activities. I will immediately notify Active Spirit in
writing of any change to my medical condition, fitness or ability to participate. I understand and accept that Active Spirit will continue to rely upon this
declaration as evidence of my fitness and ability to participate.
8.
Medical Treatment: I consent to receiving any medical treatment that the Active Spirit reasonably considers necessary or desirable for me during my
participation in the Activities. I also agree to reimburse the relevant Active Spirit for any costs or expenses incurred in providing me with medical
treatment.
9.
Right to Use Image: I acknowledge and consent to photographs and electronic images being taken of me during my participation in any the Activities.
I acknowledge and agree that such photographs and electronic images are owned by Active Spirit and it may use the photographs for promotional or
other purposes without my further consent being necessary. Further, I consent to Active Spirit using my name, image and/or likeness at any time, by
any form of media, to promote Active Spirit and/or the Activities.
10.
Privacy: I understand that the information I have provided in this membership declaration is necessary for the objects of Active Spirit. I acknowledge
and agree that the information will be disclosed by Active Spirit only to pursue its objects, general business and to provide me with membership
services. I understand that I will be able to access the information on request. If the information is not provided my membership application may be
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rejected. I acknowledge that Active Spirit may also use my personal information for the purposes of providing me with promotional material from Active
Spirit’s sponsors or third parties. I may advise Active Spirit if I do not wish to receive any sponsor or third party promotional material.
11.
Severance: If any provision of this membership declaration is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for
the purpose of that jurisdiction, if possible, so as to be valid and enforceable. If the phrase or clause cannot be so read down it will be severed to the
extent of the invalidity or unenforceability. Such severance does not affect the remaining provisions of this membership declaration or affect the validity
or enforceability of it in any other jurisdiction.
12.
Governing law: These terms and conditions shall be construed in accordance with and governed by the laws of Victoria, Australia, and the parties
submit themselves to the jurisdiction of the courts in that state.
13.
Assignment: I acknowledge and agree that Active Spirit may at any time assign this contract to any person or legal entity but that I may not assign or
transfer this contract to another person.
I warrant that all information provided to Active Spirit is true and correct. I acknowledge and agree that these terms and conditions can not be amended. I
have read, understood, acknowledge and agree to the above terms including the warning, exclusion of implied terms, release and indemnity.