PARTICIPANT LIABILITY RELEASE (“RELEASE”)
The Trustee for Pitt Hoskin Trust, trading as Turia Pitt International (ABN 61 952 639 684) (“Turia”) is organising activities on its own behalf and through its representatives to provide a structured physical activity program under the title “RUN with Turia” (the “Activities”). The exact specific details of the Activities are dealt with separately to this Release, including the exact rundown of the activity program and expectations of all of the participants. By taking part in the Activities you must also agree to participate in the Activities on the terms outlined in this Release. During the Activities, Turia and its properly authorised agencies and representatives, including its fitness consultants (collectively, the “Organisers”) will be providing general guidance regarding the Activities.
You have agreed to participate in the Activities on the terms outlined in this Release below. If you do not agree to these terms you cannot participate in the Activities.
Turia recommends that you consult with your doctor or physician before beginning the Activities, or any other exercise program, as not all exercises are suitable for everyone and this or any other exercise program may result in injury.
If you experience pain or discomfort during exercise, stop immediately and consult your doctor. To reduce risk of injury, never force or strain your body during exercise. If you are at all uncertain if the program (or any physical activity) is right for you, definitely consult your doctor first.
I HEREBY WARRANT, UNDERTAKE AND AGREE AS FOLLOWS:
- I declare that I am physically fit and have not been otherwise informed by any physician or health professional, and I know of no restriction, disease or condition that would in any way prevent me from actively participating in the Activities or present a risk to my health should I do so. Notwithstanding the above I declare that I understand the nature of the Activities in which I shall be involved and acknowledge that, while it is generally intended to be light-moderate exercise there is a risk of danger or serious injury to myself and others by virtue of my participation.
- I acknowledge that the Activities are drug and alcohol free, and specifically that I will not consume drugs or alcohol products immediately before or during the Activities.
- I agree to obey and accept any and all reasonable instructions or rules imposed by the Organisers in relation to the Activities and my participation in the Activities.
- I hereby release the Organisers and their related bodies corporate, officers, directors, employees and agents from any and all claims, demands, actions or causes of action of any kind and howsoever caused (including by negligence), which I or any of my successors or assigns may now, or at any time, have or claim to have, arising out of, or connected with my participation in the Activities (including without limitation any injury, death, damage to or loss of property), to the extent permitted by law. Specifically, I release the Organisers from any liability or responsibility for any injury, aggravation of an existing condition or death resulting from my participation in the Activities, to the extent permitted by law. Nothing in this Release attempts to limit, exclude or modify the statutory consumer guarantees provided under the Competition and Consumer Act, or any similar consumer protection laws in Australia.
- I acknowledge that I am agreeing to partake in the Activities and freely giving the Release as detailed herein, on my own behalf, and that each participant engaging in the Activities must similarly provide their own separate Release. Turia shall have no responsibility to or be liable in any way for any other people that are present with me or join with me while I am participating in the Activities, unless they are also separately agreeing to the terms of this Release.
- In consideration of my participation in the Activities I hereby agree to indemnify the Organisers and their related bodies corporate, and their officers, directors, employees and agents against all liability, claims or proceedings whatsoever arising from my participation in the Activities as a result of 1/ my negligence, or 2/ any failure by me to follow a reasonable directive or instruction by the Organisers or their appointed representatives, or 3/ any breach by me of, or non-compliance by me with, this Release.
- Any term of this Release which is fully or partly void or unenforceable is severed to the extent that it is void or unenforceable, and the remainder of this Release continues in force.
- This Release is governed by the laws of the State of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the Courts of the State of New South Wales and the Federal Court of Australia.