THIS RELEASE DEED ("Release") is executed in favour of My Favourite Run Pty Ltd ACN 624 519 615 trading as RK POD (“RK POD”), and any other entity related and/or associated with RK POD (jointly and severally) all of c/- Frigo Adamson Legal Group Pty Ltd Suite 101, Level 1 The Rocket Annex, 203 Robina Town Centre Drive, Robina in the State of Queensland, including its successors (hereinafter, individually and collectively "RK POD") and the other Releasees (as defined below).
IN CONSIDERATION of me electing to participate in any recreational running activities or physical training activities, either being individual sessions or group activities (the "Activities") from time to time conducted by RK POD, I, on behalf of myself, my personal representatives, spouse, assigns, heirs, and next of kin:
- DECLARE that I am medically fit to participate in the Activities and acknowledge that I am responsible for my own health and well-being at all times;
- ACKNOWLEDGE that RK POD may, without being obliged to do so and without being obliged to supply any reason, suspend my right to participate in the Activities at any time without prior notice;
- HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE RK POD, other participants in the Activities, or any persons conducting the Activities whatsoever, and others who give recommendations, directions, or instructions regarding the Activities including directors, managers, members, officers, agents and employees of the foregoing (all of the foregoing referred to herein as the "Releasees") from all liability to me, my personal representatives, spouse, assigns, heirs and next of kin for any and all loss or damage, and any claim or demands therefore on account of injury to me or my property or resulting in my death arising out of or related to the Activities, from any cause whatsoever, including, without limitation, the failure of anyone to enforce rules and regulations, the failure to make inspections of the condition of the location at which the Activities are undertaken, weather conditions during which the Activities are undertaken, the location for the Activities, the behaviour of other participants undertaking the Activities, and any act or omission of the Releasees or any of them or any other act whether caused by the negligence of the Releasees or otherwise and whether or not occurring during the course of undertaking the Activities, before or afterwards (all for the purpose herein referred to as "Claims");
- HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them from any loss, liability, damage, or cost they may incur due to the Claims, including without limitation Claims brought against the Releasees arising out of my injury or death while I am participating in the Activities or observing and whether caused by the negligence of the Releasees or otherwise;
- HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the Activities whether caused by the negligence of the Releasees or otherwise;
- HEREBY ACKNOWLEDGE that the Activities may be dangerous and involve the risk of serious injury and/or death and/or property damage. I also expressly acknowledge that injuries received may be compounded or increased by negligent rescue operations or procedures of the Releasees;
- HEREBY AGREE that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, including negligent rescue operations and is intended to be as broad and inclusive as is permitted by law; and
- HEREBY ACKNOWLEDGE AGREE that RK POD participates in social media outlets such as Facebook, Instagram, YouTube, Google+, etc. Through these mediums, RK POD share member pictures, club updates and other helpful information that may benefit its members. I hereby authorise RK POD to use my photo and/or information related to my experiences with RK POD. I understand this information may be shared through various digital and social media platforms such as Facebook, Instagram, YouTube and RK POD's website, and email communications.
This Release, its construction, interpretation and enforcement shall be governed by the laws of the State of Queensland (excluding its choice of law provisions) to whose personal jurisdiction all parties agree to submit.
I HAVE READ AND VOLUNTARILY SIGNED THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
EXECUTED AS A DEED