BEN BUCKLER BOARDS DEMONSTRATION WAIVER AND RELEASE OF LIABILITY
READ BEFORE SIGNING
In consideration of being allowed to participate in any way in any events or activities conducted by Ben Buckler Boards Pty. Ltd, its directors, employees, agents or representatives, including board testing, demonstration, sports event (each an Activity), the undersigned (Participant) acknowledges and agrees that:
- The risk of injury from the activities involved in any Activity is significant, including the potential for permanent and significant disability (including paralysis) and death, and while particular rules, equipment, and personal discipline may reduce the risk, the risk of serious and fatal injury does exist;
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM ANY ACT OR OMISSION OF ANY BENEFICIARY or others, and assume full responsibility for my participation;
- I undertake to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I undertake to remove myself from participation in the Activity and bring such to the attention of the nearest official immediately;
- I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Ben Buckler Boards Pty Ltd, any related entities, their current and former officers, officials, agents, directors, and/or employees, shareholders, other participants, sponsoring agencies, sponsors, advertisers and if applicable, owners and lessors of premises used to conduct the Activity (Beneficiaries) from all present and future claims (whether known or unknown) in connection with the Activity, including under the Australian Consumer Law and equivalent State or Territory legislation, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM AN ACT OR OMISSION OF A BENEFICIARY OR OTHERWISE, to the fullest extent permitted by law (Claim);
- Each of the Beneficiaries may plead this agreement as a bar to any such Claim;
- It will indemnify each of the Beneficiaries against all liabilities it suffers or incurs in connection with any such Claim; and
- Ben Buckler Boards Pty Ltd holds the benefit of the release and indemnity set out in this agreement on trust for each of the Beneficiaries.
This agreement is governed by the law in force in New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales.