WHITFORDS RAINBOW TOY LIBRARY - WAIVER, RELEASE
AND INDEMNITY FOR BICYCLE AND SCOOTERS
Whitfords Rainbow Toy Library ("Provider") is pleased to make bicycles and scooters
available to subscribers ("the Service").
As a subscriber to the Service you acknowledge that there are dangers and risks
inherent with bicycle and scooter riding (the “Activity”) to which any child under your
supervision ("Your Child") may be exposed.
The Provider does not provide protective clothing or bicycle helmets and it is your
responsibility to ensure that Your Child wears a helmet at all times and is otherwise
appropriately attired when participating in the Activity. You agree that Your Child will
participate in the Activity at your own risk. You also agree to voluntarily assume
responsibility for supervising the Activity and any injury, death or property damage you
or Your Child may suffer or cause as a result of participating in the Activity.
To the maximum extent possible at law, you (both in your personal capacity and on
behalf of Your Child) agree to release, hold harmless and indemnify the Provider and its
respective officers, employees, servants, agents and contractors (the “Indemnified
Persons”) against all actions, claims, suits, costs, expenses, demands and damages
suffered or incurred by the Indemnified Persons or any one or more of them by reason
of, or in respect of, or in any manner whatsoever arising out of, or caused by, your use
of the Service or Your Child's participation in the Activity.
You agree that you are subscribing to the Service on the express condition that the
Provider:
(a) will, under no circumstances be liable or responsible in any manner whatsoever for
any death, loss, accident, damage or injury to you, Your Child or any of your servants,
agents, contractors, visitors or invitees or any other person whatsoever (“Related
Party”) which may happen as a result of your use of the Service or Your Child
participating in the Activity; and
(b) will not incur or be under any liability whatsoever to you, Your Child, or to any
Related Party for any loss, damage or injury to or in respect of any of your property or of
any Related Party’s property.
The Provider is not liable to you, Your Child or any Related Party in respect of any
indirect or consequential loss. For the avoidance of doubt, ‘consequential loss’ means
loss or damage arising from a breach of contract, tort (including negligence), under
statute or any other basis in law or equity of an indirect or consequential nature
including, but without limitation, loss of profits, loss of revenue, loss or denial of
opportunity, loss of goodwill, loss of business reputation, future reputation or publicity,
damage to credit rating and indirect, remote, abnormal or unforeseeable loss, or any
similar loss whether or not in the reasonable contemplation of the parties.