Victorian Repealed Regulations

This legislation has been repealed.

Goods (Recreational Services) Regulations 2003 - SCHEDULE 1

EXCLUSION OF CERTAIN RIGHTS TO SUE Section 97A Goods Act 1958 and Goods
(Recreational Services) Regulations 2003 About this form Under sections 91 and
92 of the Goods Act 1958 several conditions are implied into contracts for the
sale of certain goods and services. These conditions mean that the seller
named below is required to ensure that the recreational services it sells to
you are-

* rendered with due care and skill; and

* as fit for the purpose for which they are commonly bought as it is
reasonable to expect in the circumstances; and

* reasonably fit for any particular purpose or might reasonably be expected to
achieve any result you have made known to the seller. If you sign this form,
you waive your rights under sections 91 and 92 of the Goods Act 1958 to sue
the seller for losses relating to death or personal injury if the seller's
breach of these requirements results in your death or your personal injury.
Signing this form does not affect any rights that you may have under other
sections of the Goods Act 1958 or any other Acts or laws. You should be aware
that signing this form may have an effect on any insurance policy that covers
you for death or personal injury. If you have any concerns about the effect of
signing this form you should discuss this with your insurer or legal adviser.





Name and address of seller Description of recreational services sold Steps
taken by the seller to avoid the danger of death or personal injury (for
example, hourly/daily/weekly/monthly equipment inspections; only qualified
staff used; certain staff/participant ratio; compliance with an industry
standard, code of practice, code of conduct or accreditation scheme etc.). If
no steps have been taken, seller must insert the word 'none' in this section.
Declaration and signature of person about to use these services I understand
that the recreational services about to be sold as set out in this form may
cause my death or my personal injury. By signing this form I understand
I waive my rights to sue the seller for losses relating to my death or my
personal injury that result from a breach of a condition specified in
sections 91 and 92 of the Goods Act 1958. I understand that if the seller has
not complied with any law about the proper completion of this form and how my
signature is obtained (for example, if the seller has made a false or
misleading statement in relation to the steps taken by the seller to avoid the
danger of death or personal injury), or has acted recklessly, the seller
cannot enforce this waiver. Signature Printed name Date Address
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