Australia waiver and release of liability - adidas UNCUT
CONSENT & RELEASE OF LIABILITY
1 Release, waiver and indemnity
1.1 I acknowledge that my participation, now or in the future, in the adidas UNCUT training activation, a 45-minute HIIT workout lead by certified adidas trainers (Activities) organised by or on behalf of adidas Australia Pty Ltd (adidas) involves certain risks. I accept and fully assume all such risks and the possibility of personal injury, death or loss of or damage to my property as a result of my participation in the Activities.
1.2 In consideration of adidas and its directors, officers, employees, agents, any member of the adidas Group and its representatives (Organisers) allowing me to participate in the Activities, I agree as follows (to the maximum extent permitted by law):
(a) to waive any and all claims, including those related to negligence, injury, death or loss/damage to property, that I may have against the Organisers arising from participating in the Activities;
(b) that the Organisers shall not be liable for any claims or actions of any kind whatsoever for injury, death, damages or losses to persons and property which may be sustained in connection with my participation in the Activities; and
(c) to defend, hold harmless and indemnify the Organisers from any and all claims and liability for any personal injury or death to me, any third party or for any property loss or damage caused by me which results from my participation in the Activities.
1.3 If I participate in the Activities in New South Wales or Victoria, then, in consideration of the Organisers allowing me to participate in the Activities, I further agree to clauses 8 to 9 below (as applicable).
1.4 To the extent the waivers, indemnities and releases in clauses 1.2 or any of clauses 8 to 9 do not apply to any claims, actions, liability, loss, damage or costs (including without limitation legal costs) which I suffer or incur in the course of, or consequent upon my participation in the Activities, the Organisers' liability in relation to such claims, actions, liability, loss, damage or costs is limited, where permitted by law, to:
(a) the supplying of the relevant services again; or
(b) the payment of the cost of having the relevant services supplied again.
2 Rules of Participation
I acknowledge and accept that my participation in the Activities is subject to my compliance with, and I hereby represent, warrant and undertake, the following:
(a) that all information and/or personal data provided to the Organisers is accurate, full and complete;
(b) I do not have any medical condition that would affect my safety or physical wellbeing, and that I am medically and physically fit and competent to participate in the Activities;
(c) to listen and adhere to safety briefings and instructions before taking part in the Activities;
(d) to not consume alcohol prior to or during the Activities;
(e) to wear all protective clothing provided by or on behalf of the Organisers during the Activities;
(f) to keep all equipment provided by or on behalf of the Organisers on-site and return the same after completing the Activities;
(g) to provide the Organiser with proof of age in a form as determined by the Organisers;
(h) I am the age of 18 years or older.
I confirm that the representations, warranties and undertakings herein are true and accurate.
3.1 Participation in the Activities is not recommended for those who are: infirm; suffering from a heart condition; pregnant (or who may be pregnant); or suffering from pre-existing injuries.
3.2 I declare to the best of my knowledge that I know of no reason why I should not participate in the Activities and that I am not presently suffering from (and have not suffered from) any disease or medical condition which may prevent me from participating in the Activities or which may be aggravated by my participation in the Activities. I acknowledge and agree that my participation in the Activities is granted on the understanding that I understand and accept the risks involved. I agree that I shall immediately inform medical personnel and the Organisers of any pain, discomfort, fatigue or any other symptoms that I may suffer before, during and after my participation in the Activities. I accept that I may be required to immediately cease or delay my participation in the Activities if so requested. I also consent to treatment in the event of an emergency and further agree to pay all costs associated with such medical care and to defend, indemnify and hold harmless the Organisers from any costs or claims arising from such medical care.
4.1 I agree to allow (at no cost) the Organisers, and/or any third party acting on behalf of the Organisers, to use my name, image, photograph, video, voice recording, performance data and general location for publicity, news and/or any future promotions or advertising. I hereby consent to the photography, filming and/or recording by or on behalf of the Organisers of my participation in the Activities (individually or collectively known as the Images).
4.2 I hereby assign to the Organisers, all present and future copyright and all other rights, title and interest which I may hold in the Images. I agree to the use of the Images by the Organisers in any media format in its future promotional activities and agree that I will not make any claim for remuneration against the Organisers, its licensees or assignees in respect of the use of the Images. To the full extent permitted by law, I consent to the doing of anything in relation to the Images that would otherwise infringe any moral rights that I may have now or in the future, including publishing the Images without attribution and modifying or adapting the Images.
4.3 I also grant the Organisers (and the adidas Group), a perpetual and worldwide license to use all comments, feedback, ideas and information I may share with them for any purposes including, but not limited to, the manufacture, sale, distribution, advertisement and/or promotion of adidas products and the adidas brands (in any and all media).
5 Data Collection
I acknowledge that:
(a) adidas collects my personal information, and may disclose such information to third parties (including its service providers and related entities), in order to conduct, administer and publicise the Activities;
(b) some of adidas' service providers and related entities are located outside Australia and, as a result, my personal information may be disclosed to recipients located outside Australia, including in Germany, Switzerland and/or the Netherlands [specify likely locations]; and
This agreement shall be binding upon me, my successors, representatives, heirs, executors, assignees, or transferees. If any of the terms and conditions of this agreement are found by a competent court or other competent body to be void or unenforceable, that term or condition shall be deemed to be deleted and the remaining terms and conditions shall remain in full force and effect. This agreement shall be governed by and interpreted in accordance with the laws of Victoria, Australia. I (and the Guardian if signed below) confirm that I have read and understood this agreement prior to signing it, and I am aware that by signing this agreement I am waiving certain legal rights which I may otherwise have against the Organisers.
7 Recreational services supplied in New South Wales
To the extent the Activities involve the supply of recreational services in New South Wales, I agree:
(a) to waive any and all claims for death or personal injury arising due to negligence that I may have against the Organisers arising from participating in the Activities;
(b) that the Organisers shall not be liable for any claims or actions of any kind whatsoever for any death or personal injury arising due to negligence which may be sustained in connection with my participation in the Activities; and
(c) to defend, hold harmless and indemnify the Organisers from any and all claims and liability for death or personal injury to me or any third party caused by me arising from negligence which results from my participation in the Activities,
to the extent the relevant claims or actions arise or liability arises due to negligent failure to render services with reasonable care and skill.
8 Recreational services supplied in Victoria
To the extent the Activities involve the supply of recreational services in Victoria, I agree:
(a) to waive any and all claims for death or personal injury, including those related to negligence, that I may have against the Organisers arising from participating in the Activities;
(b) that the Organisers shall not be liable for any claims or actions of any kind whatsoever for death or personal injury which may be sustained in connection with my participation in the Activities; and
(c) to defend, hold harmless and indemnify the Organisers from any and all claims and liability for death or personal injury to me or any third party caused by me which results from my participation in the Activities,
except to the extent the relevant claims or actions arise or liability arises due to an act or omission that was done or omitted to be done with reckless disregard, with or without consciousness, for the consequences of the act or omission.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND
FAIR TRADING ACT 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you—
• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.