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PARTICIPANT ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT

EVENT DETAILS (Location, Date & Time of Event)

PARTICIPANTS/SPECTATORS/VOLUNTEERS:
Read this document carefully before signing. This document has legal consequences and will affect your legal rights and will limit your ability to bring any future legal claims.

MINORS:
If you are under 18 years of age, you may only participate in the event under the constant supervision of an Adult parent/guardian, who must sign this Agreement on your behalf. All Adults signing this Agreement on a child’s behalf acknowledge that the terms of this Agreement are interpreted as if they apply to both yourself and the minor child.

Released Parties include: Trustee for FREE BY 30 Trust( 81736365346) “OPSTASPLASH” and their affiliates, directors, officers, employees, agents, contractors, insurers, spectators, co-participants, suppliers, and volunteers; all venue owners and their directors, officers, employees, agents, contractors, insurers, suppliers, and volunteers all event sponsors, organisers, promoters, directors, officials, property owners, and advertisers; all governmental bodies and/or municipal agencies whose property and/or personnel are used; and any or all related bodies corporate, parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing including but not limited to Obstasplash.

Releasing Parties include: the participant, spectator or volunteer (referred to in this document as “I”), as well as participant, spectator or volunteer’s spouse, children, parents, guardians, heirs, next of kin,
and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on the participant, spectator or volunteer’s behalf.

Assumption of Inherent Risks
Some of the activities, in natural and/or manufactured environments, include but are not limited to runs, military style obstacles, going through pipes, flying foxes, traversing cargo nets, climbing walls, swimming in cold water, throwing, carrying or getting hit with heavy objects, encountering dusty or gas-filled environments and traversing muddy areas, and swimming extended distances. The event is
a hazardous activity which can present both foreseeable and unforeseeable physical challenges.

I acknowledge that the Event is an extreme test of my (and/or my participating minor child’s) physical limits that carries with it inherent risks of injury (physical and/or mental). Inherent risks are risks that
cannot be eliminated completely (without changing the challenging nature of the Event) regardless of the care and precautions taken by Escape and the other Released Parties. I understand that the
Event is extremely strenuous and the accompanying risks and dangers are generally present, which may be magnified under extreme or stressful conditions.
I understand and acknowledge that the inherent risks include, but are not limited to: 1) falls, tripping, uncontrolled landings, contact or collision with persons or objects (e.g., collision or contact with
spectators, course personnel, other participants, motor vehicles, machinery, natural or man-made fixed objects or obstacles); 2) encounter with natural and man-made obstacles with water, road and
surface hazards, close proximity and/or contact with thick smoke, dust, gas and/or open flames, barbed wire, pipes, and electric shocks; 3) equipment related hazards (e.g., broken, defective or
inadequate competition equipment, unexpected equipment failure, imperfect course conditions); weather-related hazards (e.g., extreme heat, extreme cold, humidity, ice, rain, fog); 5) inadequate first
aid and/or emergency measures; 6) judgment- and/or behaviour-related problems (e.g., erratic or inappropriate co-participant or spectator behaviour, errors in judgment by personnel working the
event); and 7) natural hazards (e.g., uneven terrain, rock falls, lightning strikes, earthquakes, wildlife attacks, contact with poisonous plants, snakes, spiders, marine life, ticks and/or other animals). Some
water obstacles may contain water that has not been tested for chemicals, disease or other contamination.

I assert that I (and/or my minor child to whom I have explained the inherent risks) knowingly assume all of the risks of the activity and take full responsibility for any and all damages, liabilities, losses, or expenses that I/we incur as a result of participating in the Event. I (and/or my participating minor child) am/are participating in the Event entirely at my own risk.

Waiver of Liability
In consideration of being permitted to participate, spectate or volunteer in the Event, and to the extent permitted by law (including the Competition and Consumer Act 2010 (Cth), and all applicable civil
liability legislation in each State and Territory of Australia) and in consideration of being permitted to participate in the Event, I agree (on behalf of the Releasing Parties) that the Releasing Parties will not
make, take or seek any claim, counter claim, cross claim, action, proceeding, application, complaint, course or action, judgment or demand (“Claims”) against Escape and any of the other Released
Parties arising directly or indirectly out of or in connection with my (and/or my participating minor child/ward) attendance at, and participation in, the Event and I (on behalf of the Releasing Parties)
unconditionally and irrevocably forever waive, release, covenant not to sue, and discharge Escape and the other Released Parties from and against any loss, liability, cost (including all legal costs and
expenses on an indemnity basis), expense, damage, charge, penalty, outgoing or payment, however arising and whether present, unascertained, future or contingent and includes indirect and consequential loss (“Loss”) arising directly or indirectly out of or in connection with my (and/or my participating minor child/ward) attendance at, and participation in, the Event, and whether caused by the negligence of Obstasplash or the other Released Parties.

Indemnity
In consideration of being permitted to participate, spectate or volunteer in the Event, and to the extent permitted by law (including the Competition and Consumer Act 2010 (Cth) and all applicable civil
liability legislation in each State and Territory of Australia) I hereby agree to hold harmless, defend, and indemnify Obstasplash and the other Released Parties from any and all Claims made against, or
Loss suffered or incurred by, Obstasplash and the other Released Parties, which arises directly or indirectly as a result of my participation in the Event, and whether caused by the negligence of Obstasplash or the other Released Parties.

Participant Acknowledgments
I (and/or my participating minor child) am/are in good health and in proper physical condition to safely participate in the Event.

I certify that I am physically fit and have trained sufficiently for participation in the Event. I understand that there may be water obstacles and that I (and/or my participating minor child) can swim extended distances outdoors whilst fully clothed.

I certify that I (and/or my participating minor child) have no known or knowable physical or mental conditions that would affect my/our ability to safely participate in the Event, or that would result in my/our participation creating a risk of danger to myself or to others.

I understand that I am solely responsible to monitor my own health, wellbeing and condition throughout the event. I understand and agree that I am responsible for the provision of first aid to myself and I am responsible for my removal from the course to a medical facility. I otherwise give consent to receive first aid and medical treatment which may be deemed necessary due to my involvement in the Event. I agree to assume all costs of medical care and transportation.

I acknowledge that Obstasplash recommends and encourages each participant to get medical clearance from his/her personal physician prior to participation. I (and/or my participating minor child) have not otherwise been advised or cautioned against participating by a medical practitioner.

I acknowledge that I am to comply with all rules imposed by Obstasplash or the Released Parties, from time to time, and further acknowledge that the Obstasplash has the authority to terminate my right to participate in the Event, at any time, should I breach such rules or fail to comply with such rules, or should my participation in the Event endanger myself or other participants.

Liability Exclusions
I acknowledge and agree that the Event constitutes a recreational service within the meaning of section 139A of the Competition and Consumer Act 2010 (Cth) as the Event is (i) a sporting event or similar leisure time pursuit; and/or (ii) other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purpose of recreation, enjoyment or leisure.

Provisions of the Competition and Consumer Act 2010 (Cth) imply certain guarantees into contracts for the supply of certain goods and services, such as warranties that services will be rendered with due care and skill and that goods supplied will be reasonably fit for purpose. By signing this agreement I agree that:

the application of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law are excluded; all rights under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law are excluded; and
all liability of the Released Parties for a failure to comply with a guarantee under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law is excluded, in relation to the supply of recreational services under this agreement and to the extent any liability is in respect of:
death;
physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
the contraction, aggravation or acceleration of a disease; or
the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual: (i) that is or may be harmful or disadvantageous to an individual or the community; or (ii) that may result in harm or disadvantage to an individual or the community.

I further acknowledge and agree that the Event is a dangerous recreational activity for the purposes of the Civil Liability Act 2003 (Qld) which contains obvious risks as defined in the Civil Liability Act 2003 (Qld), along with the corresponding provisions of all civil liability legislation in each State and Territory of Australia, as applicable, and that I have voluntarily assumed the risk of injury, death, loss, harm or
damage to me from such obvious risks. I acknowledge and agree that Escape and the other Released Parties are not liable for any injury, death, loss, harm or damage to me arising from the materialization
of an obvious risk from the dangerous recreational activity.

ACKNOWLEDGMENT AND UNDERSTANDING
I have read this Assumption of Risk, Waiver of Liability and Indemnity Agreement, and the Liability Exclusions and fully understand its terms. I am 18 years or over and I understand that I (and/or my participating minor child) am/are giving up substantial rights, including the right to commence legal proceedings. I further acknowledge that I am entering into this Agreement freely, voluntarily and of my own will.

Details of Participant:

Participants Name:

Participant Date of Birth:

Details below are required if participant is a minor:

Parent/Guardians Name:

Parent/Guardians Contact Number:

Parent/Guardians Relationship to Minor:

By signing this document you’re stating that you are the legal parent or guardian of the 'minor' and agree to the document’s contents.

Leave this empty:

Your legal name

Your email address