Release of liability, waiver of claims, indemnity and assumption of risk agreement (Release).

RELEASE OF LIABILITY Activities – READ BEFORE SIGNING

In consideration of and in exchange for being permitted to participate in the activity of guided ice baths with Wim Hof (the Activity) organised by Andoo Pty Limited, ACN 115 622 172 and/or its related bodies corporate as that term is defined under the Corporations Act 2001 (Cth)) (collectively, Andoo) on 17 March 2023 and/or use of the property, facilities and services made available by Andoo I acknowledge and agree that:

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1. AGREEMENT TO FOLLOW DIRECTIONS 

I agree to observe and obey all posted rules and warnings and further agree to follow any oral instructions or directions given by Andoo and the instructor of the Activity, or their employees or representatives. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately. 

 

I declare that I will always apply the techniques taught, including but not limited to breathing exercises and physical exercises, in a safe environment and unforced. I understand that the breathing exercise has a profound effect and should be practiced in the way it is explained.

I warrant that I am physically fit to participate in the Activity, I have no pre-existing medical conditions, I am not pregnant or in any way incapacitied.

 

 2. ASSUMPTION OF THE RISKS. 

I recognise on behalf of myself, my spouse, heirs, estate and assigns that the risk of injury from the activities involved in this program is significant. I recognise that severe injuries, including permanent paralysis or death can occur in participating in the Activity. Potential injuries include but are not limited to heart failure, loss of consciousness, stroke and other injuries and may be caused by facilities, temperature, techniques, extreme cold, ice baths, weather conditions, condition of participants (including pregnancy or pre-existing ailments or injuries), equipment, breathing exercises, lack of hydration, drug use or other factors. 

While particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury still does exist. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF Andoo, Wim Hof or others such as volunteers and trainers, and I assume full responsibility for my participation. 

 

I acknowledge and understand that while participating in the Activity:

• I may be injured, physically or mentally, or may die;                                 

• my personal property may be lost, damaged or stolen at no responsibility to Andoo, Wim Hof or any of their agents;                                          

• other participants may cause me injury or may damage my property;

• I may cause injury to other persons or damage their property;                                  

• the conditions in which the activity is conducted may vary without warning;                

• I may be injured or die or suffer damage to my property as a result of the negligence or breach of contract;

• there may be no or inadequate facilities for treatment or transport in case of an accident and/or injury;

• I assume the risk of and responsibility for any injury, death or property damage resulting from my participation in the Activity.

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3. RELEASE.

I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS  Andoo, Wim Hof, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event, for ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property arising out of my presence upon any facilities where the Activity or a  related program and/or training is taking place, whether caused by the fault of myself, Andoo, Wim Hof, their officers, officials, agents, and/or employees, or other associated third parties, to the fullest extent permitted by law.

 

4. INDEMNIFICATION. 

I agree to indemnify and defend Andoo, Wim Hof, their officers, officials, agents, and/or employees against all claims, causes of action, damages, judgments, costs or expenses, including legal fees and other litigation costs, which may in any way arise from my use of the facilities made available by Andoo or Wim Hof.

 5. NO DURESS. 

I agree and acknowledge that I am under no pressure or duress to participate in this Activity and sign this Agreement and that I have been given a reasonable opportunity to review it before signing. 

 6. ARM'S LENGTH AGREEMENT. 

This Agreement and each of its terms are the product of an arms' length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

 

7. ENFORCEABILITY. 

The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other application of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

8. PHOTOGRAPH LICENSE. 

I understand while participating in this Activity, I may be filmed or photographed. I grant a license to Andoo, Wim Hof and affiliates to use my photo, video, film to be used for any legitimate purpose.

10. Governing Law. 

This Agreement shall be governed and interpreted in accordance with the laws of New South Wales. In the event of a dispute arising out of or in any way relating to this document or the Activity to which it refers, jurisdiction and venue shall be the courts of New South Wales and only in those courts. The parties irrevocably waive any objections or defenses based on lack of personal jurisdiction, improper venue, or forum non convenience. The parties further agree that any claims, disputes, or actions of any kind shall be resolved individually and without resort to any form of class action.

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I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.