Western Australian Current Acts Western Australian Current Acts (1) Despite any
written law or other law of the State, a term of a contract for the supply of
recreational services may exclude, restrict or modify any liability to which
this Division applies that results from breach of an express or implied
warranty that the services will be rendered with reasonable care and skill.
(2) No written law
renders such a term of a contract void or unenforceable or authorises any
court to refuse to enforce the term, to declare the term void or to vary the
term.
(3) A term of a
contract for the supply of recreational services that is to the effect that a
person to whom recreational services are supplied under the contract engages
in any recreational activity concerned at his or her own risk operates to
exclude any liability to which this Division applies that results from breach
of an express or implied warranty that the services will be rendered with
reasonable care and skill.
(4) This section
applies in respect of a contract for the supply of services entered into
before or after the commencement of this section but does not apply in respect
of a breach of warranty that occurred before that commencement.
(5) This section does
not apply if it is established (on the balance of probabilities) that the harm
concerned resulted from a contravention of a written law, or a law of the
Commonwealth, that establishes specific practices or procedures for the
protection of personal safety.
(6) This section does
not apply if it is established (on the balance of probabilities) that the harm
concerned resulted from an act done or omission made with reckless disregard,
with or without consciousness, for the consequences of the act or omission.
(7) In this section
—
recreational services means services supplied to a
person for the purposes of, in connection with or incidental to the pursuit by
the person of a recreational activity.
[Section 5J inserted: No. 58 of 2003 s. 8.]
[Heading inserted: No. 58 of 2003 s. 8.]