WAVER AND LIABILITY RELEASE

In consideration of my participation in the Impact Adventure by VOPO, you, (the Impact Adventure participant) hereby acknowledge that I have received VOPO’s Terms and Conditions, and that I have read and understand, and currently am and shall remain in full compliance with, the terms and provisions of this material.

By booking, paying and/or joining, participating in a Impact Adventure by VOPO, I fully understand the contents of this page, assume the risks stated and release VOPO from any liability.

1. REPRESENTATIONS, WARRANTIES AND ASSUMPTIONS OF RISK

I understand and willingly agree that my participation in the Impact Adventure are taken with full understanding and appreciation for the risks, that I undertake this Impact Adventure solely at my own request and risk.

I am aware that Impact Adventures involve many risks, dangers and hazards to both your person and property which may include but are not limited to:

·              personal injury and/or death;

·              travel to remote areas without access to medical facilities or treatment

·              changing weather conditions;

·              interactions or encounters with wildlife;

·              equipment malfunctions

·              negligence of other participants or guides;

·              negligence on the part of the VOPO, including failure to safeguard or protect from the risks or dangers of the Impact Adventures

·              consumption of alcohol;

·              collisions with vehicles, equipment or structures;

·              becoming lost or separated from guides or other participants; and the failure to remain within designated areas.

·              infectious diseases

·              political or civil unrest

·              petty theft

·              terrorist acts

Simply put: I acknowledge that there are numerous risks I may face during my involvement in the Impact Adventures including the risks listed here.

If I use, consume or am under the influence of alcohol or illegal drugs prior to or while engaging in the activities, I assume and accept all risks, dangers and hazards that may result from this including the possibility of personal injury, death, property damage and loss, even in the event of negligence or fault by VOPO or third parties, and will indemnify VOPO from any and all liability for any damage to property or personal injury to any third party, resulting from my participation in the Impact Adventure, while, during or after consumption of illegal drugs or alcohol.

Simply put: If I consume alcohol or illegal drugs before or during my involvement in the Activities I am responsible for any loss, injury or damage I cause to myself or others.

I am not relying on any oral or written representations or statements made by VOPO about the safety of the Impact Adventures other than what is stated in this Waiver.

I freely accept and fully assume these risks and the possibility of injury and loss resulting from my participation in the Impact Adventures.

Simply put: I understand and accept the risks of participating in the Impact Adventures. I am relying on the statements about the risk contained in this Wavier as the definitive source of information about the safety of the Impact Adventures over any other communications or materials.

2. EXEMPTION AND RELEASE FROM LIABILITY

I hereby exempt and fully release the following persons and organizations:

a) VOPO EARTH PTY LTD and their respective officers, directors, agents, servants, employees, shareholders, successors and assigns, on my own behalf as well as on behalf of my heirs, successors and assigns;

b) any other related parties that are or may become liable for any loss or injury to me or to my property, or for my death, arising out of my participation in any of the above-mentioned activities;

from any and all liability, claims, demands or actions or causes of action whatsoever arising out of any damage, loss or injury to me or to my property, or my death, which may occur as a result of or in the context of my participation in the Impact Adventure offered by VOPO, whether such loss, damage, injury or death results from the negligence and/or other fault, either active or passive, of any of the parties described at paragraphs 2 a) and 2 b) above, or from any other cause.

3. COVENANT NOT TO SUE

I agree never to institute any suit or action at law or otherwise against any of the organizations and/or persons described at paragraphs 2 a) and (b) above, or to initiate or assist in the prosecution of any claim for damages or cause of action which I may have by reason of injury to my person or property, or my death, arising from the activities covered by this Waiver and Liability Release Form, whether caused by the negligence and/or fault, either active or passive, of any of the parties described at paragraphs 2 a) and (b) above, or from any other cause. I further expressly agree that I will never raise any claim against any of the parties described at paragraphs 2 a) and (b) above for product liability, failure to warn, negligence, breach of warranty, breach of contract or strict liability, regardless of whether my claims for damages or injuries are alleged to result from the fault or negligence of the parties released. I further agree that my heirs, executors, administrators, personal representatives and/or anyone else claiming on my behalf, shall not institute any suit or action at law or otherwise against any of the parties described at paragraphs 2 a) and (b) above, nor shall they initiate or assist the prosecution of any claim for damages of cause of action that I, my heirs, successors, assigns and/or anyone else claiming on my behalf may have by reason of injury to my person or property, or my death arising from the activities covered by this Waiver and Liability Release Form, whether caused by the negligence and/or fault, either active or passive, of any of the parties described at paragraphs 2 a) and (b) above, or from any other cause, I hereby so instruct my heirs, executors, administrators, personal representatives and/or anyone else claiming on my behalf. Should any suit or action at law or otherwise be instituted in violation of this Liability Waiver Form against any of the parties described at paragraphs 2 a) and (b) above, I agree that such parties shall be entitled to recover, in addition to any other damages that may be incurred, reasonable attorneys’ fees and costs incurred in defense of such suit or action, including any appeals therefrom.

4. INDEMNITY AGAINST CLAIMS

I will indemnify, defend, save and hold harmless the parties described at paragraphs 2 a) and (b) above from any and all losses, claims, actions or proceedings of every kind and character, including attorneys’ fees and expenses, that may be presented or initiated by any party and that may arise directly or indirectly from my participation in the activities covered by this Waiver and Liability Release Form, whether resulting from the  negligence and/or other fault, either active or passive, of any of the parties described at paragraphs 2 a) and (b) above, or from any other cause.

5. VALIDITY OF WAIVER

I understand that if I institute, or anyone on my behalf institutes, any suit or action at law or any claim for damages or cause of action against any of the parties described at paragraphs 2 a) and (b) above because of injury to my person or property, or my death, due to the activities covered by this Waiver and Liability Release Form, this Waiver and Liability Release Form can and will be used in court, and that such waivers have been upheld in courts in similar circumstances.

6. SEVERABILITY/MULTIPLE WAIVERS

I agree that, should one or more provisions in this Waiver and Liability Release Form be judicially determined to be unenforceable, the remaining provisions shall continue to be binding and enforceable against me. If I have executed any other liability and waiver form containing provisions relating to the exemption and/or release from liability and/or covenant not to sue in connection with the activities covered by this Waiver and Liability Release Form, I agree that the liability and waiver form that provides the most protection from liability and/or suit to the parties described at paragraphs 2 a) and (b) above shall be enforceable against me by such parties.

 

8. RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT

In consideration of VOPO allowing me to participate in the Impact Adventure I agree:

1.     In the event that I, or my next of kin, suffer any loss, damage, expense or injury from my participation in the Impact Adventure including those caused by the risks specifically outlined in this waiver, I agree to waive any and all claims

2.     I have or may have in the future against VOPO and to RELEASE VOPO from any and all liability;

3.     To hold harmless and indemnify VOPO from any and all liability for damage to property or personal injury to any third party resulting from my participation in the Activities;

4.     Any litigation involving the parties to this Agreement shall be brought solely within Australia and shall be within the exclusive jurisdiction of the Courts of Australia.

5.     This 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.

6.     This Agreement and any rights, duties, and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of Australia and no other jurisdiction.

9. ACKNOWLEDGEMENT

I acknowledge that I have read the foregoing paragraphs, fully understand the potential dangers incidental to engaging in this activity and I am fully aware of the legal consequences of signing this document and that I understand and agree that this document is legally binding and will preclude me from recovering monetary damages from the above listed entities and/or individuals, whether specifically named or not, for personal injury, property damage or wrongful death caused by a product, liability or the negligence of the release parties, whether passive or active. I further state that I am of lawful age and legally competent to agree with this liability release.