EVENT WAIVER

I understand that these terms and conditions govern my attendance at Simplified Strength Seminar (Event) run by Apex Strength Society Pty Ltd (ACN 621 216 813) trading as Apex Strength Society (referred to in this waiver to “Apex Strength Society”, “we”, “us” or “our”), along with Apex Strength Society’s Health and Fitness Waiver, Website Terms and Conditions, and Privacy Policy. In order to participate in the Event, I agree to the terms and conditions set out below.

1. CAPACITY TO CONTRACT AND THIRD PARTY RIGHTS

I warrant and agree that I have capacity to contract and enter into this agreement, and that in doing so will not violate the rights of any third party, including intellectual property rights.

2. BEHAVIOUR AND CONDUCT

I will adhere to any guidelines, codes of conduct, or instructions provided by Apex Strength Society regarding behaviour, safety, and photography of the event and otherwise in accordance with the Health and Fitness Waiver, Website Terms and Conditions, and Privacy Policy.

3. CONSENT TO USE OF CONTENT

3.1. I consent to Apex Strength Society, successors, assignees, licensees, promotional partners and affiliates using any audio, video, digital images or other form of photography including any behind the scenes footage taken of me at the event and any other information or content I provide (the Content) without restriction that may be taken at the event. I understand that I will not receive any compensation for use of these images. I acknowledge and agree that:

a) I am 18 years of age or older and have read the foregoing and understand its contents, this release is binding on me, my heirs, legal representatives and assigns;

b) Apex Strength Society will have a royalty free, perpetual, worldwide license to use the Content for advertising or other promotional use including promoting the business of Apex Strength Society but not the obligation, to edit the Content;

c) I waive any right to publicity and privacy claims;

d) I waive any intellectual property claims, including but not limited to, trademark and copyright infringement claims or liability or infringement that arises out of or in relation to the Content;

e) I grant Apex Strength Society the right to use, edit and publish photographs or video content of me or in which I appear, or may be included, for editorial, trade, advertising or any other purposes and in any manner or medium. Apex Strength Society retains the copyright in these photographs and any video content.

4. INTELLECTUAL PROPERTY AND CREDITS

Apex Strength Society does not in any way assign me rights of licences in respect of their Intellectual Property by my attendance at the event. I agree that any imagery, reproduction or depiction of this Intellectual Property credit Apex Strength Society by the use of the name “Apex Strength Society” as well as directing others towards our Social Media pages or Website.

5. REFUND POLICY

5.1. I understand that I am not entitled to a refund for my ticket to the Event, unless the Event is cancelled by Apex Strength Society. In the event that Apex Strength Society cancels the Event, every effort will be made to reschedule the Event and no refund will be provided for my ticket. If Apex Strength Society cannot reschedule the Event, then I understand that I will be refunded for my ticket, less any booking or other fees paid in association with the ticket purchase.

5.2. I understand that if I am unable to attend the Event I may request my ticket to be transferred to another person free of charge. Any approval of ticket transfer will be at the discretion of Apex Strength Society.

6. ACCEPTING RISK AND LIABILITY

6.1. I understand and acknowledge that whilst participating in Simplified Strength Seminar organised by Apex Strength Society I agree:

a) Assumptions of Risks

Participating in any physical activities, including but not limited to squats, deadlifts, bench press and barbell row, may involve certain risks and potential hazards. These risks may include, but are not limited to bodily injury, strains, sprains, factors. I acknowledge that I am voluntarily participating in these activities with the full knowledge of the potential risks involved;

b) Physical Condition

I certify that I am in good physical health and have no medical conditions that would prevent me from safely participating in the activities associated with the Event and understand the importance of disclosing any pre-existing medical condition or limitations to Apex Strength Society to ensure my safety during the Event.  If you require medical attention at any time during the Event, you acknowledge that we will share the relevant information provided by you on your booking registration with emergency response or paramedic personnel. You will be solely responsible for any costs associated with said treatment. We recommend that you maintain appropriate insurance for your participation in any Event;

c) Personal Responsibility (Physical)

That I am solely responsible for my own safety during the Event and agree to follow all safety guidelines, instructions and rules as provided by Apex Strength Society as well as exercising caution and using common sense when participating in the activities;

d) Personal Responsibility (Property)

I will exercise reasonable care and caution to prevent damage to my property and the property of others during the Event;

e) Insurance

It is my responsibility to ensure I have adequate insurance coverage for any property I bring to the event, including but not limited to personal belongings, equipment or vehicles;

f) Property Damage

Except as required by Australian Consumer Laws, Apex Strength Society, it’s officers, employees, volunteers and representatives will not be liable for any property damage caused by my actions or the actions of others participating at the Event, to the fullest extent permitted by law; As identified above, it is recommended that you maintain appropriate insurance coverage for your personal property;

g) Waiver and Release

In consideration of being permitted to participate in the Event, I hereby release and discharge Apex Strength Society, it’s officers, employees, volunteers and representatives from all liability, claims, demands, actions or causes of action, whether at law or in equity, arising out of or in connection with any loss, damage, or injury, including death that may be sustained by me or to any property belonging to me during my participation in the Event;

h) Indemnity

I agree to indemnify and hold harmless Apex Strength Society, it’s officers, employees, volunteers and representatives from any and all claims, actions, costs, expenses, damages or liabilities including legal fees, arising from or in connection with my participation in the Event;

i) Consequential Loss

In no event will Apex Strength Society be liable to the other party for any incidental, indirect, consequential, punitive or special damages (including damages to business reputation, lost business or lost profits), whether foreseeable or not and however caused, even if such party is advised of the possibility that such damages might arise;

j) Liability

To the extent that Apex Strength Society’s liability cannot be removed, their liability (including under indemnity) will be limited to the extent required by applicable law and will be reduced to the extent that the acts or omission by You or Your Employees (if applicable) contribute to or cause the liability;

k) Severability

If any provision of this waiver and release is found to be unenforceable or invalid, the remaining provisions shall continue to be binding and enforceable to the fullest extent permitted by law.

7. GOVERNING LAW AND JURISDICTION

This Event Liability Waiver shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any dispute arising out of or in connection with this waiver, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.