CHOICE membership

Waiver for Spas

We booked a float at a local facility. It was all done by an efficient text system, as well as being pre-paid.
2 hours prior to the float, we were sent a link to their waiver, for digital signature. Some of the conditions seemed standard, and we were happy to accept them. We were not, however, prepared to accept a portion of the waiver, requiring us to waive our rights under Australian law. We queried this and were told if we would not accept the waiver, in full, we would not be able to proceed with the float. So we cancelled.
I have been for floats, before, at other facilities, and have never been required to sign this sort of waiver, before. Is this really legal, in Australia?
This is the portion with which caused the most concern, particularly item 7. image

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One for the legal experts. Is spa float activity risky? Like skydiving or rock climbing.

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Anyone can put anything they want into a contract or waiver. Whether it withstands a legal challenge is another issue. Sometimes it is done knowing it will not withstand legality but was done to discourage customers from exercising their rights of claim.

Forum members can only offer opinions, not provide legal advice. You may best ask your legal advisor rather than anything you find or read on the internet; it would be appreciated if you could report back.

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While not a lawyer, clause 7 may be a bluff. One can only discharge responsibilities if the legislation allows this to occur. Most Australian legislation doesn’t allow other things such as contracts to overrule the law. This clause may be used to bluff claimants, if and when a claim is made…hoping they go away.

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Thank you for making us aware of the issue.

We are not legal experts and to give advice in this regard could have unintended bad consequences. There are many free Community Law practices around and many have great knowledge of Consumer Law. We list some on this site. They will be the best source of advice in regards to these contracts. You may also wish to make a complaint to the ACCC who will certainly look into unfair contract terms.

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I should have phrased this differently. I am not after a legal opinion. And having to resort to a lawyer to check a waiver before going for a massage similar treatment, would be expensive and onerous.

I am just after opinions on whether you can sign away your rights under Australian law. I suspect the business has an agreement they have downloaded from the internet and since I know a friend has been to the same facility, I assume she merrily just ticked the box. She is not known for actually reading waivers. She just told me how nice the people who run the place are.

But I am unable to check whether their wiring is correctly done amongst a myriad of other H&S issues. I believe this is why they should have public liability insurance. It is certainly why our business has insurance, which we are required to provide by law.

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That would be a legal opinion. Rights as you might describe them are not singular.
Rights might exist explicitly, implied or conditionally /subject to …. Or…. Not at all!

Some examples of contracts even if signed become meaningless because legal precedents clarify the outcome.

The best advice has already been provided.

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