Where a recreational activity is marketed as safe, easy and supervised, and injury results from the operator's negligence in conducting the activity (such as an instructor dictating excessive speed), the activity is unlikely to constitute a 'dangerous recreational activity' under s 5L of the Civil Liability Act, and the risk of injury from the operator's negligence is not a risk 'of the activity' for the purposes of ss 5L and 5M. Contractual exclusion clauses contained in forms signed after the contract is concluded do not form part of the contract. A plaintiff with concurrent entitlements to compensation under the Competition and Consumer Act and damages under the Civil Liability Act may elect the more favourable measure of non-economic loss.
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