Wanderlust Australia - Terms and conditions
RISE BY WANDERLUST PARTICIPANT RELEASE OF CLAIMS
By purchasing this ticket and attending the event, you (“you” or the “Participant”) agree to the terms and conditions of this waiver and release (the “Agreement”). The Agreement is between you and Wanderlust ANZ Pty Ltd (ACN 626 930 167) (“WLANZ”).
WLANZ produces events featuring yoga, outdoor activities and music in various physical locations but also by way of virtual events (each an “Event”). Activities at our Events may include, but are not limited to, yoga, meditation, barre, standup paddle boarding, surfing, swimming, hooping, acroyoga, aerial yoga, rock climbing, hiking, biking, running, dancing, concerts, lectures, food & wine events, and more (collectively, the “Activities”). In consideration of your participation in an Event you agree as follows:
1. Good Health. You represent that you are (and, at the time of the Event, will be) in good health and in proper physical and mental condition to participate in the Event. You further acknowledge and agree it is your sole responsibility to determine whether you are sufficiently fit and healthy enough to safely participate in the Event.
2. COVID-19. You represent that you will immediately inform WLANZ and take any and all precautions recommended by WLANZ, applicable laws, rules, regulations, policies, regulatory authorities and/or medical professionals if, at any time during the fourteen (14) days leading up to the Event, and/or at any time during, or after the Event, you (i) receive a test result indicating that you are a carrier of COVID-19 or any other related infections or illnesses or (ii) knowingly come in contact with anyone who has (or who you have any reason to believe may have) tested positive for COVID-19.
3. Acceptance of Risks. You know and understand the scope, nature, and extent of the risks involved in the Activities. The Activities may take place with other participants in natural, outdoor settings, including mountains, forests, lakes, or the ocean, and risks include, but are not limited to, high elevation, wildlife encounters, allergy, falling trees and limbs, marked and unmarked obstacles, slick or uneven walking surfaces, surfaces covered with water, ice or snow, rugged mountainous terrain, sunburn, injury through the acts of other participants, collisions with vehicles or equipment, or equipment malfunction. The Activities may require physical exertion, which may be strenuous and could, in some circumstances, result in injury, including, but not limited to, abnormal blood pressure, fainting, heat stroke, heartbeat disorders, heart attack, or other physical injury. If you experience any physical pain or discomfort, you agree to immediately discontinue the Activity and seek help. You voluntarily, freely and expressly choose to incur all risks associated with any Activity, understanding that those risks may include personal injury, damage to property, and/or death.
4. Virtual Events. Without limiting any other provision of this Agreement, if your Event is a virtual Event then you acknowledge and agree it is your responsibility to ensure that your chosen environment is safe, including having proper ventilation, for participation in the Event. The digital content associated with your virtual Event is provided by Wanderlust TV and you must comply with your obligations under your subscription agreement with Wanderlust TV. The digital content is provided electronically via Wanderlust TV and may be temporarily suspended without notice for security upgrades, maintenance, repair, enhancements or failure of third party services (e.g. internet). You release WLANZ from all claims arising from such service interruptions.
5. Liability. If you are injured or killed in the course of participating in recreational activities as part of an Event, you acknowledge and agree that WLANZ will not be liable except to the extent caused by WLANZ’s gross negligence. In this paragraph:
5.1. ‘gross negligence’ means as defined in paragraph 6 below; and
5. 2. ‘recreational activities’ means your participation in a sporting activity or a similar leisure time pursuit or your participation in any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure.
Note: please refer to the warning notice in paragraph 6 below which we are required to provide to you if you are in Victoria under the Australian Consumer Law and Fair Trading Act 2012 in relation to this limitation on our liability.
6. Warning under the Australian Consumer Law and Fair Trading Act 2012. In this warning, references to “the supplier” mean WLANZ. Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services.
6.1. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
6. 1. 1. are rendered with due care and skill; and
6. 1. 2. are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
6. 1. 3. might reasonably be expected to achieve any result you have made known to the supplier.
6.2. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you accept this Agreement, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this Agreement.
6.3. The change to your rights, as set out in this Agreement, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
7. Release. You release WLANZ together with each if its Related Bodies Corporate (within the meaning as defined in the Corporations Act 2001 (Cth)), the owners of any venue at which an Event is held, and each of their respective officers, directors, employees, agents, and contractors (the “Released Parties”) from any and all claims, demands, damages, rights of action, or causes of action, arising out of your participation in any Activity at any Event. Where a Released Party is not a party to this Agreement then WLANZ holds the benefit of this clause on trust for each of those persons.
8. In the event of an emergency. If an emergency or other incident occurs which, in the sole judgement of the Released Parties or medical personnel, requires medical treatment or care, you consent to such treatment. You understand and agree that any and all medical treatment rendered to you by, or at the request of, any Released Party is not an admission of obligation to provide, or continue to provide, any such medical treatment and also is not a waiver by any Released Party of any right under this Agreement.
9. Your further representations. You represent and warrant the following: (a) you have read this Agreement and understand it; and (b) you are at least 18 years of age, are in good health, and have no physical defects that might cause you harm during your participation in the Event and any Activity.
10. Publicity. You authorise WLANZ and its assignees, licensees, legal representatives and transferees to use and publish (with or without your name, company name, or with a fictitious name) any audiovisual recordings, photographs, pictures, portraits or images of you in any and all forms and media and in all manners, including, but not limited to, composite images and distorted representations, for the purposes of publicity, illustration, commercial art, advertising, publishing (including publishing in electronic form or on Internet websites) for any product or services, or for any such other lawful uses as may be determined by WLANZ. You waive any and all right to review or approve any uses of your name, likeness, images, written copy, or finished product.
11. Legally binding. This Agreement is legally binding upon you and your heirs, estate, assigns, legal guardians, and personal representatives.
12. Severance of invalid clauses. If any provision of this Agreement is for any reason held to be invalid or unenforceable, such invalidity or unenforceability will not affect any other provision of this Agreement, and this Agreement will be construed as if such invalid or unenforceable provision were omitted.
13. Governing law. This Agreement is governed by the laws of Victoria. Each party irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction there, and waives any right to object to the venue on any ground.
This is a release of liability. Please discontinue your purchase of any ticket if you do not understand or do not agree with the terms of this Agreement. By purchasing a ticket for an Event, and by clicking the “acceptance” box, you accept and agree to all terms of this Agreement.