I, the undersigned, in consideration for the right to participate in this Outside Adventures Event, hereby acknowledge and agree that:
1. In this Waiver and Release of Liability Agreement: Event means the above-named event organized by Outside Adventures. Claim means and includes any action, suit, proceeding, claim, demand, damage, cost, or expense however arising including but not limited to negligence. Outside Adventures Rules means any Outside Adventures policy, including the code of conduct and terms and conditions.
2. My participation in the Event is subject to my compliance with Outside Adventures Rules, this declaration and any reasonable directive given by Outside Adventures or their representatives.
3. The Outside Adventures Rules and this declaration comprise a contract between Outside Adventures and myself, the undersigned. I acknowledge and agree that this is necessary and reasonable for promoting and conducting this event.
4. WARNING! Participation in any Outside Adventure Event is inherently dangerous due to the nature of recreational activities. I understand that both outdoor and indoor recreational activities expose the participant to certain risks and dangers, including but not limited to:
Risks Associated with travel to and from the event e.g. vehicle collisions. Risks involving physical activity including but not limited to running, hiking, swimming, paddling, jumping etc. Objective risks that are present in the outdoors, including falling rocks, unmarked hazards as well as environmental risks such as lightning, changing weather conditions, swift water, snakes, spiders, and other animals. Risks involving decision making in changing outdoor and indoor environments, which by their nature are imprecise and subject to error. Risks associated with equipment failures or malfunctions. Risks associated with the geographic location of the event where in some instances activities may take place in remote places, several hours or days from definitive medical care, where communication and transportation are difficult, where evacuation and/or medical care may be significantly delayed and medical care beyond first aid may be impossible. Risks from other participants, members of the public and/or other groups acting dangerously or without skill.
5. I acknowledge that I have read the above warning and description of risks and understand that it is not a complete list and that the above risks and other unknown or unanticipated risks and hazards may result in me becoming ill and/or being physically and/or mentally injured, impaired, maimed or killed and/ or my property being damaged, lost or destroyed. I accept that accidents can and do happen and that risks cannot be eliminated without jeopardizing the essential quality of the event. I hereby confirm that I freely assume all risks associated with the event or that result from my participation within the event.
6. I acknowledge and accept that any insurance policy that I may hold in respect of my life and/or bodily and mental health may be deemed void because of my participation in the event.
7. I declare that I am medically, mentally, and physically fit and able to participate in this event. I will immediately notify Outside Adventures in writing should my ability to participate in this event, my medical condition and/or my mental or physical fitness change. I understand that Outside Adventures will continue to rely on this declaration as evidence of my fitness and ability to participate.
8. I consent to receiving any medical treatment that Outside Adventures and/or its representatives reasonably consider necessary or desirable for me during my participation in this event, should I be unable to make a rational decision about my consent to any medical treatment that I may require. I also agree to reimburse Outside Adventures for any costs or expenses incurred during the prevision of the afore mentioned medical treatment.
9. The Event will be affected by the weather and associated conditions. I understand and acknowledge that Outside Adventures cannot control the weather and any associated conditions and that the event may at any time be altered, postponed, or cancelled due to the impacts or possible impacts of current or future weather conditions.
10. Right to image: I consent to photographs, electronic images and videos being taken of me during the event. I acknowledge and agree that such photographs, electronic images and videos are own by Outside Adventures and that Outside Adventures may at any time use the photographs, electronic images and/or videos for promotional or other purposes without my further consent being necessary.
11. Exclusion of implied Terms: I acknowledge that in respect of the event I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of good and services may be excluded. I acknowledge that these implied terms and rights and any liability of Outside Adventures are expressly excluded to the extent possible by law, by this declaration.
12. Release and Indemnity: In consideration of Outside Adventures allowing my participation in the Event, I, to the extent permitted by law:
a. Release and will release Outside Adventures from all claims that I may have or may have had, but for this release arising from or in connection with the Event and/or my participation in the Event; and
b. Indemnify and will keep indemnifying Outside Adventures in respect of any claim by any person arising as a result of/or in connection with the Event and/or my participation in the Event.
13. Severance: If any of the provisions of this declaration is invalid or unenforceable in any jurisdiction, the phrase or clause is to read down for the purpose of that jurisdiction, if possible, to be valid and enforceable. If the phrase or clause cannot be so read down, it will be severed to the extent of the invalidity or unenforceability. Such severance does not affect the remaining provisions of this event declaration or affect the validity or enforceability.
14. Governing Law: This declaration is governed by and construed in accordance with the law of the State of Victoria.
15. I have provided the information provided above and I confirm that all information provided is true and correct. I acknowledge that this declaration cannot be amended in anyway and if it is, I will not be allowed to participate in the Event.
16. If the participant for the Event has not yet reached the age of 18 years, or requires a guardian, I, the parent or guardian of the participant authorize and consent to the participant taking part in the Event.
I have read, understood, acknowledge, and agree to the above declaration including the warning, exclusion of liability, release, and indemnity.