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Waiver Of Liability

KIKOFF Football

 

Participant Waiver, Risk Warning & Indemnity Agreement

 

Legal Entity:

KIKOFF Football Franchising Pty Ltd (ABN 24 667 503 086)

Trading as KIKOFF Football

Including all franchise locations, franchisees, directors, officers, employees, contractors and agents (“KIKOFF”).

By proceeding with a booking or registration, you agree to the following terms.

 

1. NSW Recreational Activity Risk Warning

Participation in football, futsal, bubble soccer and related sporting activities is a recreational activity under the Civil Liability Act 2002 (NSW)

These activities involve obvious risks, including but not limited to:

  • Collisions and physical contact
  • Falls, slips and trips
  • Being struck by a ball
  • Head injury or concussion
  • Sprains, fractures, soft tissue injury
  • Equipment malfunction
  • Reckless conduct by other participants
  • Injury during supervised or unsupervised sessions
  • Injury in spectator areas

Some activities are refereed or supervised. Others are self-managed with no KIKOFF staff present.

By participating, you voluntarily assume all obvious and inherent risks.

 

2. Waiver of Liability

To the fullest extent permitted by law:

  • You release KIKOFF from liability for injury, loss, damage or death arising from participation.
  • You acknowledge KIKOFF is not liable for harm resulting from obvious risks of recreational activities.
  • You agree this waiver applies to negligence to the extent permitted under section 5N of the Civil Liability Act 2002 (NSW).

Nothing in this agreement excludes consumer guarantees that cannot be excluded under Australian Consumer Law.

 

3. Insurance Acknowledgement

You acknowledge:

  • KIKOFF holds public liability insurance.
  • Player accident insurance applies only to registered participants in official leagues and coaching programs.
  • Casual hire and unregistered participants are not covered by player accident insurance.
  • You are responsible for obtaining personal accident insurance if required.

 

4. Medical Fitness & Emergency Treatment

You confirm that:

  • You (or the participant) are medically fit to participate.
  • Participation will not occur if injured or medically restricted.
  • KIKOFF may administer first aid.
  • In an emergency, KIKOFF may arrange medical treatment at your cost.
  • KIKOFF is not responsible for medical expenses.

 

5. Concussion & Head Injury Policy

You acknowledge that:

  • Football and contact sport carry a risk of concussion.
  • If a participant shows signs of concussion, they may be removed from play immediately.
  • Return to play may require medical clearance.
  • KIKOFF may refuse participation if concussion protocols are not followed.

You accept responsibility for monitoring symptoms post-activity.

 

6. Heat, Weather & Environmental Conditions

You acknowledge that:

  • Activities may occur in hot, cold, wet or humid conditions.
  • Participation in extreme weather carries additional risk including dehydration, heat exhaustion or heat stroke.
  • You are responsible for hydration and appropriate clothing.
  • KIKOFF may modify, postpone or cancel activities due to weather or safety concerns.

No liability arises from weather-related cancellations.

 

7. Bubble Soccer Enhanced Risk Warning

Bubble soccer involves additional risks including:

  • Elevated fall risk due to restricted movement
  • Increased impact forces
  • Temporary loss of balance or orientation
  • Neck, spine or shoulder injury

Participants must follow safety instructions at all times. Failure to comply may result in removal without refund.

 

8. Supervision & Self-Managed Sessions

You acknowledge:

  • Some bookings (e.g. casual pitch hire) may not have staff present.
  • Participants are responsible for their own conduct and safety in self-managed sessions.
  • KIKOFF is not responsible for supervising casual hire participants.

 

9. Minors

If the participant is under 18:

  • This agreement is accepted by a parent or legal guardian.
  • The parent/guardian accepts all risks on behalf of the minor.
  • Participants under 16 must be supervised unless enrolled in a supervised program.
  • The parent/guardian indemnifies KIKOFF against claims brought by or on behalf of the minor.

 

10. Behaviour & Removal

You agree to:

  • Follow all venue rules and staff directions.
  • Refrain from violent, aggressive or abusive behaviour.
  • Not damage facilities or equipment.
  • Not bring alcohol onto premises unless expressly permitted.

KIKOFF may:

  • Remove participants or spectators for misconduct.
  • Issue bans.
  • Refuse refunds where removal is due to misconduct.

 

11. Damage to Property

You agree to pay for any damage caused by your actions (or your child’s actions) to:

  • Playing surfaces
  • Fencing and nets
  • Equipment
  • Buildings and amenities

You indemnify KIKOFF for repair or replacement costs resulting from reckless or intentional damage.

 

12. Spectator Risk

Spectators enter viewing and grandstand areas at their own risk.

Risk includes:

  • Being struck by balls
  • Accidental contact with players

Parents/guardians are responsible for supervising children in spectator areas.

 

13. Photography & Media Consent

You consent to KIKOFF capturing and using photographs and video for:

  • Marketing
  • Social media
  • Website
  • Promotional material

If you do not consent, written notice must be provided prior to participation.

 

14. Force Majeure

KIKOFF is not liable for cancellation, delay or modification of activities due to events beyond reasonable control, including but not limited to:

  • Extreme weather
  • Government restrictions
  • Power outages
  • Facility damage
  • Public health orders

Refunds or credits will be managed in accordance with KIKOFF’s published policies.

 

15. Refund Policy Reference

Participation is subject to KIKOFF’s Refund & Cancellation Policy as published on its website.

No refunds will be provided for:

  • Failure to attend
  • Removal due to misconduct
  • Voluntary withdrawal

 

16. Indemnity

You indemnify and hold harmless:

  • KIKOFF Football Franchising Pty Ltd
  • Its franchisees
  • Landlords
  • Staff and contractors

From claims, damages or costs arising from:

  • Your participation
  • Breach of this agreement
  • Claims brought by a minor participant you register

 

17. Franchise Structure

You acknowledge that KIKOFF venues are operated by franchisees under licence and this waiver applies to both:

  • The franchisor
  • The relevant franchisee

 

18. Online Acceptance

By ticking the checkbox and completing booking or registration, you confirm:

  • You have read and understood this agreement.
  • You agree to be legally bound.
  • If registering a minor, you are their parent or legal guardian.