EVENT ACCIDENT WAIVER AND RELEASE OF LIABILITY

ABOUT US AND THE EVENT

Thank you for joining us at The Real Girls Movement ABN 40 502 944 977 (we, our or us) for Hike Fit – Full Day Hike (Event) held by us.

As part of the Event we will be undertaking Hiking, Recovery Stretch and Mobility (Activities).

ABOUT YOU

When we refer to the word “you” or “I” (I, you or your) in this Accident Waiver and release of liability form (Waiver), we are referring to the person who will be carrying out the Activities at the Event and whose name and signature appears at the bottom of this form.

WAIVER DETAILS

1. Registration for Event

1.1 By registering for the Event you warrant and represent to us that:

You are eligible to participate in the Event;
You will comply with the Waiver (as set out below);
Where you are under the age of 18 years, you have the permission of your parent or guardian who has signed this consent and waiver on your behalf; and
you engage in the Activities at your own risk;
2. Eligibility to participate in the Activities

2.1 If you are under the age of 18 years at the date of the Event, your parent or guardian must accept this accident waiver and release of liability form (Waiver) on your behalf. Where no such consent is included, you warrant to use that you are 18 years of age or older on the date of the Event.

2.2 To participate in the Activities and/ or the Event, you:

a) must be both physically and medically fit;

b) must be of sound mind and body;

c) must not be under the influence of alcohol or illicit or prescription drug that will impair your ability to understand the contents of this Waiver or the consequences of participating in the Activities;

d) must comply with any directions we give you or the organisers of the Event or Activities give you;

e) agree that in signing this Waiver you acknowledge that you do not have any physical, intellectual, cognitive or other impairment that may cause danger to you or to others participating in the Activities at the Event.

f) enter into this Waiver and participate in the Event and Activities voluntarily and by your own free will, without any undue influence from any third party, including but not limited to the Event organiser or any other participant at the Event;

g) understand that the Activities and/ or Event may involve physical or sporting activities or otherwise contain an element of risk;

h) release us from the obligation to carry out any physical tests or other enquiries about your fitness or suitability otherwise to participate in the Activities and/ or Event; and

i) must seek medical or other appropriate advice from a qualified professional before attending the Event and participating in the Activities if you are unsure whether your medical or physical fitness is adequate to participate in the Event and/ or Activities.

3. We reserve the right to stop you participating in the Activities

3.1 We reserve the right to refuse you Entry to the Event or to participate in any of the Activities where you do not meet the requirements set out in clause 2 above (Eligibility to participate in the Activities).


4. Your obligations

4.1 If your fitness levels or something else changes in between registering for the Event and participation in the Event and/ or Activities, you must tell us in writing where there is such a change (Notice). Where we do not receive Notice from you, we will rely on the absence of any such Notice as evidence that you are suitably able to participate in the Event and/ or Activities.

4.2 In participating in the Event and/or Activities, you consent to receive medical treatment that the Event organisers arrange on your behalf (including emergency service and ambulance services) on your behalf if this is deemed necessary during or shortly after the Event. You agree to reimburse us for the cost of any such medical treatment, including the fees for calling an ambulance on your behalf.

4.3 You participate in the Event and Activities at your own risk and agree to comply with all applicable laws and regulations at all times.

5. Risks, liability and indemnity

5.1 You acknowledge that participation in the Activities and the Event can be inherently dangerous and that you may be exposed to certain risks during the Event, including but not limited to overexertion, serious accidents, exposure to a range of potential hazards and other relevant risks related to the Activities (Risks). Further, you understand that the Risks may result in you being personally injured or killed. Accordingly, by participating in the Event and signing this Waiver you agree that you:

a) have read and understood the risks associated with participating in the Event and the Activities at the Event;

b) acknowledge that we may need to cancel or alter event arrangements at short notice, for safety reasons or due to circumstances beyond our control, and that while every effort will be made to try and minimise inconvenience or financial losses to you, these may be unavoidable.

c) understand this warning about the Risks and in proceeding with participation in the Event, assume and accept the Risks; and

d) acknowledge that where you are a consumer of “recreational services” as defined by the Competition and Consumer Act 2010 (Cth) or any relevant state or territory law, certain terms and rights usually implied into a contract for the supply of goods and services may be excluded. You acknowledge that these implied terms and rights and any liability we may have arising from them, are expressly excluded to the extent permitted by the law. To the extent of any liability arising, our liability will, at our discretion, be limited in the case of goods to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the fee to participate in the Event.


6. Release and indemnity

6.1 In consideration of our accepting your attendance at the Event and participation in the Activities, you:

a) agree to release us from all Claims that you may have or may have had but for this release arising from your participation in the Event and Activities; and

b) indemnify us and keep us indemnified in respect of any Claim (including for negligence, breach of contract or breach of statute) by any person including another participant of the Event arising as a result of, or in connection with, your participation in the Event or arising as a result of you transferring your ticket in the Event to another person to participate in the Event and Activities in. your place. This indemnity may be pleaded as a bar to any Claims. The releases and indemnities in the Waiver continue forever and bind you, your heirs, executors, legal personal representatives and assigns.

6.2 In this release and indemnity, the following definitions apply:

a) Claims means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense, howsoever arising including but not limited to negligence.

b) We, us or our includes the Event organiser, all respective directors, employees, agents, contractors and volunteers association with the event, including any medical personnel appointed for the Event (where applicable).

6.3 A term of this release and indemnity will not apply where the term contravenes the law of the relevant jurisdiction under which any legal action is legitimately taken however such terms are severable and do not invalidate the remaining terms.

7. Insurance

7.1 You acknowledge and agree that we may, at our option, have insurance in place which provides limited cover to you while you participate in the Event and Activities (Insurance). You understand that this Insurance may not cover you for all injury, loss or damage sustained by you in participating in the Event and Activities and acknowledge that we do not make any representations about the suitability of type of Insurance. You also agree that you can, in your own interests and at your own expense, obtain personal insurance over and above any Insurance we provide.

8. Governing law

8.1 You agree that the Event is governed by the laws of the state or territory in Australia in which the Event takes place.

In signing this Waiver, I certify that I have read this document and that I fully understand its contents and the consequences of participating in the Activities. I am aware that this is a release of liability and a contract and I sign it of my own free will.