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Sports Centre - Waive Right to Sue?

Discussion in 'Australian Consumer Law Forum' started by Brett, 22 June 2014.

  1. Brett

    Brett Member

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    A new trampolining sports centre just opened up near us, and I thought it a good idea to take my nephew along to check it out. After paying the fee, I noticed a big sign saying that by entering this venue I agree to waiver my right to sue for injury or death even if caused by negligence on part of the owner.
    Is this correct or even legal?
    Can we giveaway our rights in return for a service under Australian Consumer Law?
     
  2. John R

    John R Well-Known Member

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    Hi Brett,
    Having struggled through Tough Mudder and other equally questionable recreational activities, I've signed my fair share of "death waivers".
    My understanding is that what was previously section 68B of the Trade Practices Act 1972 (Cth) (TPA) is now section 139A of the Competition and Consumer Act 2010 (Cth) (CCA). This section does not have an impressive title featuring "death sports". In contrast, it is titled "Terms excluding consumer guarantees from supplies of recreational services". A great technical title designed to hide the section from non-lawyers!

    In summary:
    1. A recreational service supplier can, among other things, exclude liability for death or injury (including aggravation of an existing injury or disease).
    2. However, the recreational service supplier is still liable if a person is injured because of the supplier's reckless conduct. For example, this may include a situation where the sports centre does not replace worn out trampolines that expose sharp springs to those using the trampoline, etc.
    Hope this helps. Safe trampolining!
     
    Sophea, Brett and Owens Lawyers like this.
  3. Brett

    Brett Member

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    Thank you very much John.
     

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