WARNING – This Waiver effects your legal rights. Do not sign it unless you have read it fully and understand its contents. If you are unsure of its legal effect, please obtain legal advice before signing.
In consideration of myself as a participant, volunteer (or other staff member) in XCC or Arise 4M AUS Ltd, I acknowledge, accept and agree the following:
1) The risk of serious injury and/or death from the activities involved with participating in XCC or Arise, is significant and may include, without limitation, the following; i) sprains and strains; ii) fractures; iii) heat or cold injuries, including burns, heat-related illness and hypothermia; iv) over-use syndrome; v) injuries involving the acts or omissions of other XCC participant’s or vehicles; vi) animal bites and/or stings; vii) contact with poisonous plants; viii) accidents involving, but not limited to, climbing, hiking, truck, car or other conveniences, falling from heights; ix) drowning; x) near drowning; xi) heart attack; xii) diseases from exposure to fecal contaminated water or slurry; xiii) permanent paralysis; (xiv) other risks and dangers which may not be readily foreseeable and are presently unknown; and/or xv) death. While particular rules, equipment and/or personal discipline reduces this risk, the risk of serious injury and/or death does exist.
2) I voluntarily and freely assume and accept responsibility for all risks associated with my participation in XCC or Arise, both known and unknown, even if arising from negligence or the act or omissions of 4M AUS Ltd. I also acknowledge that I am fully responsible for the adequacy of my physical preparation and any equipment that I might own and supply in connection with the XCC or Arise.
3) To the fullest extent permitted by law, I hereby WAIVE, RELEASE, DISCHARGE AND AGREE NOT TO SUE 4M AUS Ltd and their respective owners, officers, directors, employees, contractors, representatives, volunteers, and, as applicable, any direct or indirect parent or subsidiary, predecessor, successor, media partner, associated charity, sponsor or medical providers of any of the foregoing (“those Released”) WITH RESPECT TO ANY CLAIMS, DAMAGES, LIABILITY OR LOSS INCLUDING ANY PERSONAL INJURIES, DISABILITY, DEATH, AND/OR LOSS OR DAMAGE TO PROPERTY, IN CONNECTION WITH MY PARTICPATION IN XCC, WHETHER ARISING FROM THE NEGLIGENCE OR WILFUL CONDUCT OF THOSE RELEASED OR OTHERWISE. I further agree to indemnify, defend and hold harmless those Released from any claims, damages, liability or loss arising from or associated with my participation in XCC or Arise, including, any legal fees. To the extent any liability cannot be excluded, the liability of those Released arising in any way from or associated with my participation in XCC or Arise is limited to an amount equal to my registration fee. This paragraph binds my assigns, successors, spouse or partner and my legal personal representatives.
4) Health and Insurance. I warrant that i) unless indicated above, I am over 18 years of age and am capable of signing this Waiver ii) I am free from illnesses, injuries and defects that could interfere with my safe participation in XCC or Arise, iii) I am physically fit and sufficiently trained to participate in all activities associated with XCC or Arise; and iv) On the date of the event I will possess and be covered by medical/health insurance. If I am traveling internationally, my health insurance includes FULL coverage in the foreign countries where I will travel, with no territorial limitations. I understand that 4M AUS Ltd provides no health plan and that all medical expenses are my responsibility.
5) Consent to Medical Treatment. I consent to 4M AUS Ltd administering first aid and other medical treatment and related services, including evacuation/transport, in the event of injury or illness in connection with my participation in the XCC or Arise and hereby release and indemnify 4M AUS Ltd (and those Released) from any and all liability or claims arising out of such treatment and/or other services. I further consent and agree to obtain, provide and allow, if required, the use and disclosure of my personal health information by such providers in connection with rendering services or treatment, and to sign any additional documents that may be requested by such providers, in connection such information or services.
6) Marketing Release. I give permission to 4M AUS Ltd to use, reproduce, sell , publish and distribute any photographs, images, videotapes, mot ion pictures or recordings which contain my image, voice, name or testimonial without restriction for the future promotional purpose of 4M AUS Ltd unless stated otherwise in writing.
7) Conduct. I agree to follow all rules and instructions (both written and verbal) provided by 4M AUS Ltd and its authorized officers and volunteers during my participation in the XCC or Arise.
8) While every effort is made to ensure that the XCC or Arise events are run on schedule, an event may need to be cancelled due to forces outside the control of 4M AUS Ltd, which may include, without limitation, weather conditions, closure of course location by third parties, natural disasters, war, civil strife or disease (“force majeure”). If you are booking travel and accommodation, please take appropriate measures to cover cancellations caused by force majeure situations. 4M AUS Ltd accepts no liability for cancellation and travel and accommodation costs and recommends taking travel insurance. Should there be a cancellation due to force majeure 4M AUS Ltd will apply any paid registration fees to that participant’s attendance at the next XCC or Arise.
9) A cancellation fee of $100 applies if I withdraw or defer less than one month prior to the XCC or Arise start date.
10) If I make a decision to withdraw from XCC or Arise at any time during the weekend due to injury, illness or other personal reasons then the following procedures will apply.
o I will advise a member of the XCC or Arise crew of my decision.
o The XCC or Arise team will make an assessment of my condition.
o I will then either be transported to medical care or the base car park for collection by the Emergency Contact person.
o Please note; remaining onsite is NOT an option.
11) If any of the provisions of this Waiver are deemed unenforceable, then, to the fullest extent permitted by law, all other provisions of this Waiver shall remain in full force and effect.
I HAVE READ AND FULLY UNDERSTAND THIS WAIVER. I UNDERSTAND THAT IF I SIGN IT, I WILL BE GIVING UP SOME OF MY LEGAL RIGHTS. I HAVE SIGNED THIS WAIVER FREELY AND VOLUNTARILY.
