< Policies & procedures

Standard Operating Procedures

Liability Waiver

Please read this document carefully and ensure you understand it before participating in canyoning activities run by the Australian Canyoning Association (operating as Canyoning Australia).

1. Acknowledgement of Risk

I acknowledge that canyoning is a potentially dangerous recreational activity that involves significant risks, including but not limited to:

  • Falls from heights

  • Drowning

  • Rockfalls

  • Hypothermia or hyperthermia

  • Injuries from slippery surfaces, uneven terrain, and obstacles

  • Encounters with wildlife

  • Isolation and difficulties in communication or rescue

  • Flash flooding

Refer to the Canyoning Activity Risk Assessment for additional information on risks associated with canyoning activities.

I understand that these risks may result in serious injury or death. I am aware of the physical exertion and mental challenges involved in canyoning, and I confirm that I am physically and mentally fit to participate in canyoning activities.

2. Voluntary Participation

I confirm that I am participating in canyoning activities voluntarily. I have had the opportunity to ask questions about the activity and its risks, and I am satisfied that I have sufficient information to make an informed decision.

3. Assumption of Risk

I freely and voluntarily assume all risks associated with participating in canyoning activities, including both known and unknown risks.

4. Waiver and Release of Liability

To the fullest extent permitted by law, I hereby waive, release, and discharge any and all claims, actions, and causes of action against the following parties (collectively, the "Released Parties"):

  • Australian Canyoning Association (operating as Canyoning Australia),

  • Its officers and and volunteers including Activity Leaders,

  • Any landowners or other parties involved in providing access to the canyoning location

This waiver and release of liability applies to any and all claims, actions, and causes of action arising out of or in any way connected with my participation in a canyoning activity. This includes, but is not limited to, claims for:

  • Any personal injury, death, or property damage I may suffer

  • Any loss or damage caused by the negligence of the Released Parties

5. Limitation of Liability and Relevant Legislation

I understand that relevant Australian state and territory legislation, including Civil Liability Acts, may limit or exclude the liability of the Released Parties. These laws often provide defences for providers of recreational services where injuries result from the materialisation of an obvious risk of a dangerous recreational activity.

Specific examples of relevant legislation include:

  • New South Wales: Civil Liability Act 2002 (NSW), particularly Section 5L

  • Queensland: Civil Liability Act 2003 (Qld), particularly Section 19

  • Tasmania: Civil Liability Act 2002 (Tas), particularly Section 20

  • Western Australia: Civil Liability Act 2002 (WA), particularly Section 5H

These sections generally state that a person is not liable for harm suffered by another person as a result of the materialisation of an obvious risk of a dangerous recreational activity.

6. Responsibilities of the Participant

I agree to:

  • Follow all instructions and directions provided by the activity leader(s).

  • Wear all required safety equipment.

  • Not participate in the activity if I am under the influence of alcohol or drugs.

  • Inform the activity leader(s) of any medical conditions or concerns that may affect my ability to participate safely.

7. Indemnification

I agree to indemnify and hold harmless the Released Parties from any and all losses, liabilities, damages, costs, and expenses (including legal fees) that they may incur as a result of any claim, action, or cause of action brought by me or on my behalf arising out of or in any way connected with my participation a canyoning activity.

8. Insurance

I acknowledge that it is my responsibility to obtain appropriate health and/or travel insurance to cover any potential losses, including medical expenses, evacuation costs, and property damage.

9. Governing Law

This Waiver shall be governed by and construed in accordance with the laws of the state or territory in which the canyoning activity takes place.

10. Severability

If any provision of this Waiver is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

By participating in a canyoning activity run by Canyoning Australia, I acknowledge that I have read, understood, and agree to the terms and conditions of this Waiver.