KODA Endurance Pty Ltd (ABN 53 600 951 148)
RELEASE AND WAIVER(“Waiver”)
The following Waiver affects your legal rights. Acceptance and execution of this Waiver is a condition precedent to the formation of your contract with KODA Endurance Pty Ltd. Please ensure you read the terms carefully. By checking/ticking the acceptance box and entering your digital signature here under, you acknowledge and agree to be bound as Participant by the terms set out as follows:
1.1 The Participant seeks to undertake a rigorous exercise-based test to measure their sweat rate, sodium concentration of sweat and calorie expenditure (the “Test”).
1.2 The Test is physically challenging and may pose a risk of discomfort, illness, injury and even death.
Assumption of risk
2.1 The Participant agrees that they assume full and complete responsibility for the inherent risks involved in undertaking the Test and for any discomfort, illness, injury (including permanent disability and death), property loss and/or damage arising as a direct or indirect result of their participation in the Test.
Release, discharge and indemnity
3.1 The Participant agrees that they release, discharge, indemnify and hold harmless KODA Endurance Pty Ltd, and/or any Agent acting on behalf of KODA Endurance Pty Ltd, from any liability, claims, demands, suits and costs whatsoever, for any discomfort, illness, injury (including permanent disability and death), property loss and/or damage arising as a direct or indirect result of their participation in the Test.
Declaration and warranty
4.1 The Participant declares and warrants that:
(a) they are fully physically and mentally capable of participating in and completing the Test without causing harm to themself and/or others; and
(b) they understand that participating in the Test may require extreme fitness and endurance and that they possess the appropriate fitness and conditioning; and
(c) they have consulted a medical practitioner in relation to their personal medical conditions and have no medical condition that would make their participation in the Test unduly hazardous; and
(d) they are covered by an insurance policy that is appropriate for any risks associated with the Test; or
(e) they have considered the risks of not having appropriate insurance cover; and
(f) they shall not call upon any insurance held by KODA Endurance Pty Ltd in the event that they suffer any discomfort, illness, injury (including permanent disability and death), property loss and/or damage arising as a direct or indirect result of their participation in the Test.
5.1 The Participant agrees that this Waiver is governed by the laws of Victoria and hereby irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria for all matters relating to this Waiver.
6.1 If the Participant is under the age of eighteen (18) years (“the Minor”), this Waiver must be signed hereunder by a parent or adult guardian of the Participant with competent capacity.
6.2 By entering their digital signature hereunder, the parent or adult guardian provides consent to the Participant undertaking the Test and agrees to the Waiver on the same terms as set out in the preceding clauses and agrees to be bound by them in respect of the Minor.
By entering my name below, I assert that I have read, understood and agree to the terms of this Waiver.
Participant’s electronic signature:
Parent / adult guardian’s electronic signature (if applicable):