WAIVER OF LIABILITY AND RIGHTS AND ACKNOWLEDGEMENT AND ACCEPTANCE OF RISK

2115-2131 Castlereagh Rd Penrith NSW (Venue)

Aonari Pt 10 Pty Limited (Owner)

I, the Participant, request permission from the Owner to participate in a media shoot at the Venue. I acknowledge that the Owner may approve this in its sole discretion, and if approved, attendance and participation in the media shoot is subject in entirety to the following terms, acknowledgments and warranties:

‍

Risk acknowledgement, release and waiver
 

1. I warrant and represent to the Owner and its agents that I am in good health and not and will be not under the influence of alcohol or any other substance which may inhibit my abilities in any way and understand that the Owner and its agents are relying upon this warranty and representation in permitting me to attend the Venue;
2. I acknowledge and agree that the Venue contains manufacturing and other heavy industry facilities and as such, has inherent dangers and risks, including risk of injury or death which I will be exposed to.
3. I further acknowledge and agree that due to the nature of the activity, it would be unreasonable for the Owner or its agents to be in any way responsible for my injury or death and I, by this, to the fullest extent permitted by law, waive all of my legal rights of action against and fully release the Owner and its agents for all loss, damages, injury or death howsoever arising out of or in relation to the participation by me in the media shoot including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of the Owner, and each of their office bearers, directors, employees or agents.
4. I further acknowledge and agree that I have undertaken or will undertake the activities comprising my participation in the media shoot freely, voluntarily and absolutely at my own risk and with a full appreciation of the nature and extent of all risks involved in the activity. I agree that this waiver binds me and my executors and/or legal personal representatives.

Conditions of consent

5. I hereby irrevocably agree that I will obtain the Owner’s consent for the capturing or use of any image or film which contains any identifier of the Venue (including, without limitation, any trademark, sign or other identifier), which consent can be withheld in the Owner’s sole and absolute discretion.‍
6. ‍I hereby waive and relinquish all rights and remedies at law or in equity and release and forever discharge the Owner and all others dealing with the Owner (including but not limited to assignees, transferees and licensees) from, and agree not to sue the Owner or any of them, with respect to any claim, cause of action, liability, loss or damage of any nature whatsoever arising out of the exercise of the rights granted herein, including but not limited to claims relating to defamation or invasion of any right of copyright, privacy, personality or publicity. In no event shall I be entitled for any reason whatsoever to injunct, restrain or interfere with the exploitation of the rights granted hereunder.‍
7. ‍I agree that I shall receive no compensation or payment whatsoever from the Owner with respect to the filming or any other form of recording at the Venue.
8. I acknowledge and represent to the Owner and its agents and contractors that I have received independent legal advice about this document (or have had the opportunity to do so but have declined to avail myself of that advice) prior to signing this document.
9. I will follow all directions of the Owner (or given on its behalf) during my presence at the Venue.
10. I irrevocably agree that this agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation, construction or interpretation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New South Wales and I irrevocably agree to submit to the exclusive jurisdiction of the courts of New South Wales over any claim or matter arising under or in connection with this agreement.
11. In the event that I breach any of the terms of this document, I agree that the Owner or its agent may evict me without notice from the Venue. 

‍

Limitation of Liability

1. The Owner and each of its respective related companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents shall have no liability and will be released and held harmless from any claim, action, liability, loss, injury or damage, including, without limitation, personal injury or death to winner or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason, including my attendance at the Venue, the media shoot or any other matter except where otherwise expressly agreed.