INFORMED CONSENT FORM, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (the “Release Agreement”)
BIG PICTURE SKIING PTY LTD
I have voluntarily subscribed and/or enrolled in a ski technique program (the “Program”) offered through the Big Picture Skiing website and or app. I recognise that the Program may involve strenuous physical activity including, but not limited to, skiing, conditioning, bosu balls, flexibility, mobility, strength, stretching, body control, and other various fitness and sports activities (collectively, the “Ski Training Activities”).
I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in the Program or Fitness Activities. I have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed. If I have chosen not to obtain a physician’s consent prior to beginning the Program, I hereby acknowledge and agree that I am doing so solely at my own risk. I understand that it is my sole responsibility to participate in exercises that are appropriate for the current status of my health. If I have any questions or concerns about whether or not a particular activity is appropriate to my current health status, I understand it is my responsibility to ask my doctor if this activity is appropriate before I participate in such activity.
The information and contents of this course are for informational and educational purposes only. Nothing found on the Big Picture Skiing website, App, or the Program is intended to be a substitute for professional or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or disorder. Reliance on any information provided by Big Picture Skiing content and coaches is solely at your own risk.
I agree not to hold BIG PICTURE SKIING Pty Ltd and their directors, officers, employees, agents, contractors, representatives, successors and assigns (collectively, the “Releasees”)responsible for the actions or omissions of the other program participants. I have been informed, understand, and am aware that the Ski Training Activities, including the use of equipment, are potentially hazardous activities. I also have been informed, understand, and am aware that the Ski Training Activities involve a risk of injury and that I am voluntarily participating in these activities and using equipment with full knowledge, understanding, and appreciation of the dangers involved and freely accept and fully assume all such risks.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to participate in the Program, I hereby agree as follows:
1. I hereby waive any and all claims, costs, liability and expense for any injury, loss or damage including death whether known, anticipated or unanticipated against the Releasees arising from my participation and enrolment in the Program or Ski Training Activities;
2. I herby acknowledge that I shall follow the Alpine Responsibility Code (or equivalent) of the respective place I choose to participate in alpine sports and activities. I shall always perform alpine activities within my ability, regardless of how I choose to interpret the instructions in the program.
3. To hold harmless and indemnity the Releasees from any and all liability for any property damage or personal injury to any third party resulting from my participation in the Program or SKI Training Activities;
4. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
5. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the State of New South Wales, Australia, govern this agreement. You submit to the exclusive jurisdiction of the Courts of the State of New South Wales and any litigation involving the parties to this Release Agreement shall be brought solely within the State of New South Wales, Australia.
I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND IT. I UNDERSTAND THAT IT CONTAINS A RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT, I AM WAIVING CERTAIN RIGHTS I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST THE RELEASEES.