Accident Waiver and Release of Liability
1. Assumption of Risk
I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THIS EVENT (subject activity), including by way of example and without limitation, any risks that may arise from negligence or carelessness, or any other act or omission, on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of any possible or consequential liability with or without fault.
2. Health and Fitness Certification
I certify and warrant that I am physically fit, have sufficiently prepared and/or trained for participation in the subject activity, and have not been advised to not participate by any medical practitioner or other medical or other professional or advisor. I certify that there are no health-related reasons or problems which preclude my participation in the subject activity.
3. Acknowledgement of Governing Terms
I acknowledge that this Accident Waiver and Release of Liability Form will be used, and relied upon, by the released parties and the event/activity holders, organisers, producers, hosts, facilitators and/or sponsors, and that it will govern my actions and responsibilities at and in participating in the subject activity.
4. Waiver, Release, and Indemnification
In consideration of my registration, application and in permitting my participation in the subject activity, I hereby make the following promises and warranties, for myself, my executors, administrators, heirs, next of kin, successors, and assigns, as follows:
- (A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence, carelessness, act or omission of the entities or persons released (and defined in this clause), for my death, disability, personal injury, property damage, property theft, or actions of any kind which may arise or occur to me directly or indirectly as a result of participation in the subject activity, including my traveling to and from the subject activity,
- (B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this clause from any and all liabilities or claims arising from any matters described in Part (A) of this clause or otherwise, whether caused by the negligence, carelessness, act or omission of any person or party or otherwise.
THE FOLLOWING ENTITIES OR PERSONS ARE RELEASED, DISCHARGED AND INDEMNIFIED: Housed Australia Pty Ltd and its related or associated entities, and/or their directors, officers, trainers, employees, volunteers, representatives, agents, together with the event/activity holders, organisers, hosts, facilitators and/or sponsors.
5. Responsibility for Third Parties
I acknowledge that Housed Australia Pty Ltd and its related or associated entities, and/or their directors, officers, trainers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party, person or entity conducting a specific activity on, or purporting to be on, their behalf.
6. Nature of Activity and Potential Risks
I acknowledge that the subject activity may involve a test of a person's physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, other participants, volunteers, trainers, monitors, and/or producers, facilitators or holders of the subject activity. I acknowledge and accept additional risks may be present, including but not limited to, risk arising, affected or worsened due to any pre-existing or other health condition (and repeat the warranty in clause 2). These risks are not only inherent to participants, but are also present for volunteers.
7. Medical Consent
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
8. Media Release
I understand while participating in the subject activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organisers, hosts, facilitators and their assigns.
9. Legal Construction
The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
CERTIFICATION AND SIGNATURE
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND I SIGN IT OF MY OWN FREE WILL.