Conditions of Entry

The following terms and conditions apply to all entrants to this Facility. By entering this Facility, you agree to the following:

1. You will comply with the following Facility Rules (‘Rules’):
   1. pay all entry fees associated with entry into this Facility and participation in activities in the Facility
   2. comply with the terms of all regulatory signs and notices displayed within the Facility
   3. not harass, threaten or intimidate Facility workers in the carrying out of their duties
   4. not behave in a manner that would be regarded by a reasonable person as being, in all the circumstances, offensive
   5. observe all lawful directions from the Facility operator and/or management in relation to your conduct whilst at this Facility
   6. not deliberately or recklessly use or damage any equipment in the Facility
   7. not bring onto any Facility, use or distribute in any Facility, alcohol or any illegal substances such as illicit drugs
2. You may be asked and you agree to comply with any request to vacate the Facility for conduct which, in the opinion of Facility staff, amounts to a breach of any of the Rules.
3. You acknowledge that we may use video monitoring in the Facility and we may collect, store and disclose your personal information obtained as a result of such monitoring in accordance with the Privacy and Personal Information Act 1998 (as amended from time to time).
4. You have read and understood the general risk warning posted at the entrance to this Facility.
5. You are aware that the use of this Facility is a recreational activity that can be dangerous. You accept that there is a degree of risk and you acknowledge that you enter this Facility at your own risk. To the extent permitted by law, by entering this Facility, you acknowledge and agree that Shoalhaven City Council excludes all liability to you for death or injury (whether physical or mental, including the coming into existence of an injury or its aggravation, acceleration or recurrence) and you release Shoalhaven City Council, its employees, agents and contractors from any responsibility or legal liability whether arising from a breach of a statutory guarantee, negligence or otherwise associated with your presence at the Facility or participation in any activity carried out at this Facility.
6. You agree that all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded in any contract between us permitting you to use the Facility and undertake activities within the Facility. In particular, we are not liable for:
   1. negligence or
   2. breach of terms implied that services will be provided with reasonable care and skill

      that, in either case, results in your death or injury (whether physical or mental, including the coming into existence of an injury or its aggravation, acceleration or recurrence) in connection with your use of the Facility. For the avoidance of doubt, we do not exclude liability for our reckless conduct.

7. To the extent permitted by Section 5N of the Civil Liability Act 2002, you release us from any express or implied warranty that recreational services supplied under this Agreement will be rendered with reasonable care and skill.