Goods (Recreational Services) Regulations 2003

i Goods (Recreational Services) Regulations 2003 S.R. No. 28/2003 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Definition 1 5. Prescribed forms 2 __________________ SCHEDULES 4 SCHEDULE 1—Exclusion of Certain Rights to Sue 4 SCHEDULE 2—Restriction or Modification of Certain Rights to Sue 6 ═══════════════ -- 1 of 8 -- 1 STATUTORY RULES 2003 S.R. No. 28/2003 Goods Act 1958 Goods (Recreational Services) Regulations 2003 The Governor in Council makes the following Regulations: Dated: 15 April 2003 Responsible Minister: JOHN LENDERS Minister for Consumer Affairs HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe the particulars and forms for the purposes of section 97A of the Goods Act 1958. 2. Authorising provision These Regulations are made under section 119 of the Goods Act 1958. 3. Commencement These Regulations come into operation on 1 May 2003. 4. Definition In these Regulations, "the Act" means the Goods Act 1958. -- 2 of 8 -- S.R. No. 28/2003 Goods (Recreational Services) Regulations 2003 2 5. Prescribed forms (1) For the purposes of section 97A of the Act— (a) a term for the exclusion of the application of sections 91 and 92 of the Act or for the exercise of a right conferred by section 91 or 92 or a liability of the seller referred to in section 97A(1)(c) of the Act must— (i) be in the form of Schedule 1; and (ii) contain the particulars set out in that form; and (iii) comply with the requirements of these Regulations; and (b) a term for the modification or restriction of the application of sections 91 and 92 of the Act or for the exercise of a right conferred by section 91 or 92 or a liability of the seller referred to in section 97A(1)(c) of the Act must— (i) be in the form of Schedule 2; and (ii) contain the particulars set out in that form; and (iii) comply with the requirements of these Regulations. (2) A term under section 97A of the Act must be printed in a form complying with the following requirements— (a) the heading to the form must be printed in at least 14 point bold font; and (b) other headings must be printed in at least 12 point bold font; and (c) the remainder of the form must be printed in at least 10 point font; and r. 5 -- 3 of 8 -- S.R. No. 28/2003 Goods (Recreational Services) Regulations 2003 3 (d) the words "I waive my rights to sue" in Schedule 1 must be printed in bold font; and (e) the words "my rights to sue" and "are restricted or modified" in Schedule 2 must be printed in bold font. (3) A term under section 97A of the Act is not in the prescribed form unless— (a) it is provided to the purchaser for signing as a separate document; and (b) it is not attached to, or physically incorporated with, any other document provided to the purchaser at the time of signing by the purchaser. __________________ r. 5 -- 4 of 8 -- S.R. No. 28/2003 Goods (Recreational Services) Regulations 2003 4 SCHEDULES 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. Sch. 1 -- 5 of 8 -- S.R. No. 28/2003 Goods (Recreational Services) Regulations 2003 5 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 __________________ Sch. 1 -- 6 of 8 -- S.R. No. 28/2003 Goods (Recreational Services) Regulations 2003 6 SCHEDULE 2 RESTRICTION OR MODIFICATION 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 agree to the restriction or modification of 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 the above requirements results in your death or your personal injury. The restrictions or modifications are set out below. 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. Sch. 2 -- 7 of 8 -- S.R. No. 28/2003 Goods (Recreational Services) Regulations 2003 7 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. Ways in which the seller proposes to restrict or modify your rights to sue (for example, time limits in which claims must be lodged, liability accepted subject to certain conditions, caps on the amount of losses which may be recovered). 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 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 are restricted or modified in the manner set out in this form. 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 ═══════════════ Sch. 2 -- 8 of 8 --