WHITE CLOUD FOUNDATION

2021 Paddle to Battle Depression Indemnity Form

Before participating in the 2021 Paddle to Battle Depression you must read the information on this form, agree to the terms and sign the declaration & disclaimer below.

Please list any medical issue/s that may impact on your ability to participate in the Paddle to Battle Depression. Please also notify a White Cloud Foundation staff member or volunteer of any medical issue that may impact you during the Paddle.
I, the Participant, wish to participate in the 2021 Paddle to Battle Depression which is organised and conducted by White Cloud Foundation. In consideration of White Cloud Foundation allowing the Participant to participate in the Paddle to Battle Depression, the Participant agrees to be bound by the following terms and conditions:

The Participant acknowledges and agrees as follows:
a) I am participating in the 2021 Paddle to Battle Depression at my own risk.
b) I am participating in the Paddle to Battle Depression for the purposes of recreation, enjoyment or leisure, which involves obvious and inherent risks, including a degree of physical risk.
c) Conditions may be hazardous and vary without warning or prediction. Other participants may act dangerously or without skill. My property may be damaged, lost or destroyed.
d) Under the Civil Liability Act 2003 (Qld), White Cloud Foundation, its associated or related entities, or any director, employee, servant, agent or volunteer (collectively, White Cloud Foundation's “Associates”) will not be liable for any loss or harm suffered by me due to the materialisation of an obvious and/or inherent risk arising from my participation in the 2021 Paddle to Battle Depression.
e) I am participating in the 2021 Paddle to Battle Depression freely, voluntarily and at my own risk with full appreciation of the nature and the extent of all risks and requirements involved in the 2021 Paddle to Battle Depression.
f) White Cloud Foundation may end my involvement in the 2021 Paddle to Battle Depression or refuse to allow me to participate in the 2021 Paddle to Battle Depression if White Cloud Foundation considers in its absolute discretion that I am or may act in a way which is unsafe or reckless.

The Participant warrants as follows:
a) I am in good health.
b) Immediately prior to and at all times during the 2021 Paddle to Battle Depression I am not and will not be under the influence of alcohol or drugs whatsoever.
c) I am free from any injury, medical condition (including pregnancy, heart condition or seizure), disability, disease or illness which may be aggravated by participation in the 2021 Paddle to Battle Depression, or may affect or interfere with my ability to engage in the 2021 Paddle to Battle Depression.
d) I am confident that my health and safety and that of other participants will not be put at risk by my taking part in the 2021 Paddle to Battle Depression.
e) I will make White Cloud Foundation aware if I have any current medical condition that may affect or limit my ability to participate in the 2021 Paddle to Battle Depression.

The Participant agrees to do the following:
a) Act in a safe manner at all times and be considerate of White Cloud Foundation, its Associates and the other participants.
b) Seek assistance in the event I find myself in difficulty during the 2021 Paddle to Battle Depression, including if I develop any medical conditions or injuries.
c) Abide by all rules and regulations established by White Cloud Foundation and any direction of any Associate regarding the 2021 Paddle to Battle Depression.
d) Use my own personal protective equipment, including a life jacket.
e) Consent to White Cloud Foundation's promotional use of my image taken whilst participating in the 2021 Paddle to Battle Depression. I will make White Cloud Foundation aware if I have any objection to this Item 3(e).

The Participant indemnifies and will keep White Cloud Foundation and its Associates indemnified from and against all actions, suits, proceedings, claims, liabilities, demands, costs, losses, damages and expenses of whatsoever nature and howsoever occurring, brought against White Cloud Foundation or its Associates by the Participant or by any other person of which White Cloud Foundation or its Associates may themselves pay, suffer, or sustain, arising directly, indirectly or in any other way connected with the Participant participating in the 2021 Paddle to Battle Depression, whether in contract, tort (including negligence), breach of statutory duty or otherwise. This indemnity applies irrespective of any negligence on the part of White Cloud Foundation, its Associates or any other person.

This agreement may be pleaded as a bar by White Cloud Foundation and its Associates to any action, suit, proceeding, claim, liability, demand, costs, losses, damages and expenses made by the Participant or anyone claiming by, through or under the Participant howsoever arising out of or in connection with the Participant participating in the 2021 Paddle to Battle Depression

The Participant expressly agrees this agreement shall be construed and take effect in accordance with the laws of Queensland and Australia for the time being in force.

All of the clauses in this agreement are to be construed individually, and in the event that any provision or part thereof becomes invalid or unenforceable or be otherwise severed from this agreement, then the remaining clauses will remain valid and enforceable.

Where the Participant is under the age of 18 years or otherwise under a legal disability, the below-signed Legal Guardian enters into this agreement on behalf of the Participant. By signing this agreement, the Legal Guardian:
a) warrants all statements made in this agreement with respect to the Participant are true, complete and accurate;
b) indemnifies and will keep White Cloud Foundation and its Associates indemnified for any breach of a statement in this agreement made with respect to the Participant; and
c) indemnifies and will keep White Cloud Foundation and its Associates indemnified from and against all actions, suits, proceedings, claims, liabilities, demands, costs, losses, damages and expenses of whatsoever nature and howsoever occurring, brought against White Cloud Foundation or its Associates by the Participant or by any other person of which White Cloud Foundation or its Associates may themselves pay, suffer, or sustain, arising directly, indirectly or in any other way connected with the Participant participating in the 2021 Paddle to Battle Depression, whether in contract, tort (including negligence), breach of statutory duty or otherwise. This indemnity applies irrespective of any negligence on the part of White Cloud Foundation, its Associates or any other person.
By signing this agreement above, the Participant (and if applicable, the Legal Guardian) acknowledges the following: 1. I have read and understood and agreed to be bound by the above terms and conditions. 2. Participation in the 2021 Paddle to Battle Depression is voluntary and subject to risks. 3. I will follow the directions of White Cloud Foundation and its Associates during the course of the 2021 Paddle to Battle Depression. 4. I understand I waive my right to sue White Cloud Foundation and its Associates for any losses relating to personal injury or other loss that results from my participation in the 2021 Paddle to Battle Depression, including from White Cloud Foundation's negligence.