- I may be injured or die or suffer damage to my property as a result of the negligence or breach of contract
- There may be no or inadequate facilities for treatment or transport in case of an accident and/or injury
- I assume the risk of and responsibility for any injury, death or property damage resulting from my participation in the activity.
3. RELEASE.
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Nathan Ho & Kim Lowe, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event, for ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property arising out of my presence upon any facilities where Nathan Ho & Kim Lowe related program and/or training is taking place, whether caused by the fault of myself, Nathan Ho & Kim Lowe or other associated third parties, to the fullest extent permitted by law.
4. INDEMNIFICATION.
I agree to indemnify and defend Nathan Ho & Kim Lowe against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my use of the facilities made available by Nathan Ho & Kim Lowe.
5. NO DURESS.
I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing.
6. ARM'S LENGTH AGREEMENT.
This Agreement and each of its terms are the product of an arms' length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
7. ENFORCEABILITY.
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other application of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
8. PHOTOGRAPH LICENSE.
I understand while participating in this activity, I may be filmed or photographed. I grant a license to the activity organiser and affiliates to use my photo, video, or film likeness to be used for any legitimate purpose.
9. GOVERNING LAW.
This Agreement shall be governed and interpreted in accordance with the laws of Australia, NSW,(without regard to the choice of law or conflicts of law principles). In the event of a dispute arising out of or in any way relating to this document or 'instructor name' to which it refers, jurisdiction and venue shall be the courts of NSW and only in those courts. The parties irrevocably waive any objections or defences based on lack of personal jurisdiction, improper venue, or forum non convenience. To the extent allowed by law, the parties waive their right(s) to a jury trial in any action arising out of or in connection with this document or 'instructor name' to which it refers. The parties further agree that any claims, disputes, or actions of any kind shall be resolved individually and without resort to any form of class action.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS