FLOURISH WITH ARBONNE EVENT
RELEASE AND WAIVER OF LIABILITY
In consideration for the undersigned being permitted to participate in Arbonne Australia and New Zealand 2021 Yogalates class (Yoga + Pilates), New Zealand, June 30, 2021, which includes workout sessions (the “Event”) organised by Arbonne Australia Pty Ltd (“Arbonne Australia”), the undersigned, for him or herself, and on behalf of each of his or her personal representatives, heirs, beneficiaries and next of kin (collectively, the “Participant”) hereby:
RISK WARNING
1. AGREES AND ACKNOWLEDGES THAT THERE IS AN INHERENT RISK ASSOCIATED WITH THE EVENT AND IS AWARE THAT ACTIVITIES AT THE EVENT ARE POTENTIALLY HAZARDOUS AND MAY CAUSE INJURY OR ILLNESS. SOME OF THE INJURIES OR ILLNESSES THAT MAY OCCUR DUE TO THE PARTICIPANT’S PARTICIPATION INCLUDES (BUT IS NOT LIMITED TO): SORENESS, MUSCLE STRAIN, BROKEN BONES, HEART ATTACKS AND DEATH. FURTHER, THE PARTICIPANT AGREES AND ACKNOWLEDGES THAT THE ACTIVITIES AT THE EVENT MAY INVOLVE OTHER RISKS NOT NOTED IN THIS ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY AND INDEMNITY (“RELEASE”).
2. AGREES AND ACKNOWLEDGES THAT THE PARTICIPANT IS AWARE THAT THE RISKS MENTIONED ABOVE MAY BE CAUSED BY THE PARTICIPANT’S OWN ACTS OR OMISSIONS, THE ACTS OR OMISSIONS OF OTHERS PARTICIPATING IN THE ACTIVITIES AT THE EVENT, THE CONDITION/LAYOUT OR THE LOCATION OF WHERE THE EVENT IS TO TAKE PLACE OR OTHER RISKS NOT KNOWN TO THE PARTICIPANT OR THAT ARE NOT READILY FORESEEABLE AT THE TIME OF SIGNING THIS RELEASE.
3. AGREES AND ACKNOWLEDGES THAT S/HE HAS BEEN ADVISED BY ARBONNE AUSTRALIA TO NOT PARTICIPATE IN ANY ACTIVITIES DURING THE EVENT THAT MAY PUT THE PARTICIPANT AT RISK OF INJURY, INCLUDING BUT NOT LIMITED TO PARTICIPATING IN ANY WORKOUT SESSIONS, EXCURSIONS, TOURS OR OTHER ACTIVITIES, WHEREVER LOCATED.
ASSUMPTION OF RISK
4. AGREES TO PARTICIPATE IN THE EVENT AT HIS OR HER OWN RISK, NOTWITHSTANDING THE RISKS OF PHYSICAL HARM AND INJURY INHERENT IN ACTIVITIES AT THE EVENT, SOME OF WHICH ARE NOTED ABOVE.
ACKNOWLEDGEMENT AND CONSENT
5. AGREES AND ACKNOWLEDGES THAT THE PARTICIPANT IS IN GOOD HEALTH AND DOES NOT SUFFER FROM ANY KNOWN MEDICAL PROBLEM, DISABILITY OR CONDITION THAT WOULD LIMIT THE PARTICIPANT’S PARTICIPATION, ADVERSELY AFFECT THE PARTICIPANT’S PHYSICAL WELL-BEING OR INCREASE THE PARTICIPANT’S RISK OF INJURY OR ILLNESS AS A RESULT OF ATTENDING OR PARTICIPATING IN THE EVENT.
6. AGREES THAT, IF THE PARTICIPANT IS AWARE OF ANY MEDICAL CONDITION/S THAT MAY AFFECT OR LIMIT THE PARTICIPANT'S PARTICIPATION IN THE EVENT, THE PARTICIPANT WILL DISCLOSE SUCH MEDICAL CONDITION/S TO ARBONNE AUSTRALIA PRIOR TO THE EVENT, AND ACKNOWLEDGES THAT ANY OF ARBONNE AUSTRALIA, RELATED PARTIES, OR THE OPERATOR OF THE EVENT (OR THE RELEVANT ASPECTS OF THE EVENT) MAY AT ITS ABSOLUTE DISCRETION REFUSE TO ALLOW THE PARTICIPANT TO PARTICIPATE IN ANY ASPECT OF THE EVENT, AT ANY TIME WITHOUT COMPENSATION, BASED ON SUCH DISCLOSURE. WITHOUT LIMITING THE FOREGOING, THE PARTICIPANT ACKNOWLEDGES THAT ARBONNE AUSTRALIA, ITS RELATED PARTIES, OR THE OPERATOR OF THE EVENT (OR THE RELEVANT ASPECTS OF THE EVENT) MAY REFUSE TO ALLOW THE
PARTICIPANT TO PARTICIPATE IF THERE ARE ANY HEALTH AND SAFETY CONCERNS WHETHER FOR THE PARTICIPANT OR FOR ANY OTHER PARTICIPANT AT THE EVENT.
7. AGREES AND ACKNOWLEDGES THAT THE PARTICIPANT HAS SOLE RESPONSIBILITY FOR THE PARTICIPANT’S PERSONAL POSSESSIONS AND WARRANTS THAT ANY LOSS OR DAMAGE TO ANY POSSESSION THAT THE PARTICIPANT BRINGS TO THE EVENT IS THE PARTICIPANT’S SOLE RESPONSIBILITY.
8. CONSENTS TO ANY AUTHORISED REPRESENTATIVE OF ARBONNE AUSTRALIA (INCLUDING ITS OFFICERS, EMPLOYEES AND/OR AGENTS) (AN “AUTHORISED REPRESENTATIVE”) BEING ENTITLED TO ADMINISTER FIRST AID TO THE PARTICIPANT OR TO ARRANGE FOR THE PARTICIPANT TO RECEIVE MEDICAL TREATMENT AND/OR TO BE TRANSPORTED TO HOSPITAL OR A MEDICAL CENTRE, IF IN THE OPINION OF THE AUTHORISED REPRESENTATIVE, SUCH ACTION IS REQUIRED.
WAIVER, RELEASE AND INDEMNITY
9. TO THE FULLEST EXTENT PERMITTED BY LAW, FULLY, FINALLY AND FOREVER RELEASES AND DISCHARGES AND COVENANTS NOT TO SUE ARBONNE INTERNATIONAL, LLC (“ARBONNE”) OR ARBONNE AUSTRALIA OR ANY OF THEIR RELATED BODIES CORPORATE OR ANY OF ITS OR THEIR RESPECTIVE OWNERS, MEMBERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “RELEASED PARTIES”), JOINTLY AND SEVERALLY, FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, CAUSES OF ACTION, RIGHTS, CHARGES, COMPLAINTS, OBLIGATIONS, COSTS, LOSSES, DAMAGES, INJURIES, ATTORNEYS' FEES, DEMANDS, ACTIONS, SUITS, GRIEVANCES, AND OTHER LEGAL RESPONSIBILITIES OF ANY FORM OR KIND WHATSOEVER, IN LAW, EQUITY OR OTHERWISE, WHETHER KNOWN OR UNKNOWN, SEEN OR UNFORESEEN, UNANTICIPATED, UNSUSPECTED OR LATENT BASED UPON ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE OR DESTRUCTION, OR OTHER HARM OF ANY NATURE WHATSOEVER (COLLECTIVELY, OR IN ANY CASE, A “CLAIM”) ARISING OUT OF OR AS A DIRECT OR INDIRECT CONSEQUENCE OF THE PARTICIPANT’S PARTICIPATION IN THE EVENT, WHETHER CAUSED BY THE NEGLIGENCE OR OMISSIONS OF THE RELEASED PARTIES (OR ANY ONE OR MORE OF THEM) OR OTHERWISE, AND REGARDLESS OF WHETHER PARTICIPANT WAS ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGE OR LOSS.
10. TO THE FULLEST EXTENT PERMITTED BY LAW, AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM ANY AND ALL CLAIMS ARISING OUT OF OR AS A DIRECT OR INDIRECT CONSEQUENCE OF PARTICIPANT’S PARTICIPATION IN THE EVENT, WHETHER CAUSED BY THE NEGLIGENCE OR OMISSIONS OF THE RELEASED PARTIES (OR ANY ONE OR MORE OF THEM) OR OTHERWISE, AND REGARDLESS OF WHETHER PARTICIPANT WAS ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGE OR LOSS.
11. AGREES AND ACKNOWLEDGES THAT THE PROVISIONS OF THE COMPETITION AND CONSUMER ACT 2010 (Cth) AND ANY SIMILAR STATE/TERRITORY LEGISLATIVE PROVISIONS (WHICH PROVIDE FOR ANY IMPLIED WARRANTY THAT SERVICES BE PROVIDED WITH DUE CARE AND SKILL AND THAT ANY MATERIALS SUPPLIED IN CONNECTION WITH THOSE SERVICES WILL BE REASONABLY FIT FOR PURPOSE) ARE EXCLUDED AND DO NOT APPLY TO THE PARTICIPATION BY THE PARTICIPANT IN OR IN RELATION TO THE EVENT IN SO FAR AS THEY RELATE TO LIABILITY FOR DEATH, HARM OR PERSONAL INJURY FROM THE EVENT.
12. AGREES THAT THIS RELEASE AND WAIVER OF LIABILITY EXTENDS TO ALL ACTS OF NEGLIGENCE OR OMISSIONS BY THE RELEASED PARTIES (OR ANY ONE OR MORE OF THEM), IF ANY, AND IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY LAW AND THAT, IF ANY PROVISIONS THEREOF ARE HELD INVALID, IT IS AGREED THAT THE REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.
13. AGREES AND ACKNOWLEDGES THAT THIS RELEASE MAY BE PLEAD AS A BAR TO ANY ACTION, SUIT OR PROCEEDINGS TAKEN AT ANY TIME BY THE PARTICIPANT AGAINST THE RELEASED PARTIES (OR ANY ONE OR MORE OF THEM) ARISING OUT OF OR AS A CONSEQUENCE OF THE PARTICIPANT’S PARTICIPATION IN THE EVENT.
PARTICIPANT HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS 18 YEARS OR OLDER, AND THAT HE OR SHE HAS FULLY READ THIS RELEASE AND FULLY UNDERSTANDS ITS CONTENTS. PARTICIPANT ACKNOWLEDGES THAT HE OR SHE HAS HAD AN OPPORTUNITY TO CAREFULLY READ THE ENTIRE RELEASE AND TO HAVE ANY QUESTIONS ANSWERED TO HIS OR HER SATISFACTION, PRIOR TO SIGNING THIS RELEASE.
PARTICIPANT FURTHER UNDERSTANDS AND ACKNOWLEDGES THAT HE OR SHE MAY HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS RELEASE OR CLICKING ON THE CHECK BOX WHERE INDICATED AND THAT HE OR SHE HAS SIGNED IT OR OTHERWISE ACKNOWLEDGED HIS OR HER ACCEPTANCE OF ITS TERMS FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE.
PARTICIPANT AGREES THAT THIS RELEASE WILL BE GOVERNED BY THE LAWS IN FORCE IN NEW SOUTH WALES. PARTICIPANT AGREES TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN SYDNEY, NEW SOUTH WALES FOR ANY DISPUTE(S) ARISING HEREUNDER.
PARTICIPANT ACKNOWLEDGES AND AGREES THAT HE OR SHE IS NOT ENTITLED TO EQUITABLE OR INJUNCTIVE RELIEF AND, UNLESS IN CASE OF AN EMERGENCY THAT AFFECTS HEALTH AND SAFETY, PARTICIPANT IS NOT PERMITTED TO BLOCK, INHIBIT OR OTHERWISE PREVENT THE OCCURRENCE OR CONDUCT OF THE EVENT.
PARTICIPANT INTENDS HIS OR HER SIGNATURE OR ELECTRONIC ACKNOWLEDGEMENT TO BE A COMPLETE, FULL, FINAL AND UNCONDITIONAL RELEASE OF ALL CLAIMS TO THE GREATEST EXTENT ALLOWED BY LAW. PARTICIPANT AGREES THAT HIS OR HER E- SIGNATURE, E-CLICK OR OTHER ELECTRONIC ACKNOWLEDGEMENT SHALL BE EQUIVALENT TO HIS OR HER ORIGINAL SIGNATURE AND THAT, BY SUCH E-SIGNATURE, E-CLICK OR OTHER ELECTRONIC ACKNOWLEDGEMENT, HE OR SHE AGREES TO BE BOUND BY THE TERMS OF THIS RELEASE.