EVENT LIABILITY WAIVER

I understand that these terms and conditions govern my attendance at Rest & Receive Retreat (Event) run by Emma Lovell, ABN 32778908805 Event Terms and Conditions, Website’s 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 / Conduct

I will adhere to any guidelines, codes of conduct, or instructions provided by EMMA LOVELL regarding behaviour, safety, and photography of the event and otherwise in accordance with the Event Terms & Conditions. 

3. Consent to use of Content

I consent to EMMA LOVELL, 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:

  1. 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; 
  2. EMMA LOVELL will have a royalty free, perpetual, worldwide license to use the Content for advertising or other promotional use including promoting the business of the EMMA LOVELL but not the obligation, to edit the Content;
  3. I waive any right to publicity and privacy claims;
  4. 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;  
  5. I grant EMMA LOVELL 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.  EMMA LOVELL retains the copyright in these photographs and any video content.

4. Intellectual Property and Credits

EMMA LOVELL 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 EMMA LOVELL by the use of the name “EMMA LOVELL” as well as directing others towards our Social Media pages or Website.

5. Refund Policy

I understand that I am not entitled to a refund for my ticket to the Event, unless the Event is cancelled by   EMMA LOVELL. In the event that EMMA LOVELL cancels the Event, every effort will be made to reschedule the event and no refund will be provided for my ticket.  If EMMA LOVELL 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.

6. Accepting Risk and Liability

I understand and acknowledge that whilst participating in Events such as Retreats organised by EMMA LOVELL I agree:

  • Assumptions of Risks: Participating in any physical activities, including but not limited to yoga, walking and rickshaw riding, 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.
  • 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 EMMA LOVELL 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.  
  • Dietary restrictions / Allergies
    Please detail any dietary requirements, food intolerances or allergies you are affected by during the event booking process or at a reasonable time prior to the event to allow us to take them into account when organising catering. Whilst we will make every effort to cater to your dietary requirements, accommodate any allergies or intolerances and impose reasonable steps to avoid contamination between food products, we cannot guarantee that the food provided will be free of allergens. You understand and accept that you consume the food provided at your own risk and that we shall not be liable for any allergic reactions or health issues that may arise as a result of consuming the food.
  • 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 EMMA LOVELL as well as exercising caution and using common sense when participating in the activities.
  • Personal Responsibility (Property): I will exercise reasonable care and caution to prevent damage to my property and the property of others during the Event.
  • 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;
  • Property Damage: Except as required by Australian Consumer Laws, EMMA LOVELL, 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.

Waiver and Release: In consideration of being permitted to participate in the Event, I hereby release and discharge EMMA LOVELL, 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.

     
  1. Indemnity: I agree to indemnify and hold harmless EMMA LOVELL, 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;
  2. Consequential Loss: in no event will EMMA LOVELL 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;
  3. Liability: To the extent that EMMA LOVELL’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;
  4. 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. Online Event Specific Terms
I understand and acknowledge that whilst participating in the Retreat organised by EMMA LOVELL, in addition to the general terms and conditions mentioned above, I understand and agree the  following specific terms for participating in the online Event:

Technical Requirements: I acknowledge that it is my responsibility to ensure that I have the necessary technical requirements, including a stable internet connection, compatible devices, and software, to access and participate in the online event.

Online Conduct: I agree to conduct myself in a respectful and appropriate manner during the online event. I will adhere to any guidelines, codes of conduct, or instructions provided by EMMA LOVELL regarding online behaviour, interactions, and sharing of content.

Data Security: I understand that participating in the online event involves sharing personal information and data. I agree to take necessary precautions to protect my personal information and ensure the security of my devices and accounts. EMMA LOVELL will not be liable for any data breaches or security incidents that occur on my end.

Recording and Privacy: I acknowledge that the online event may be recorded by EMMA LOVELL for various purposes, including but not limited to, archiving, sharing with participants, or future promotional use. I consent to such recording and understand that my participation may be visible to other participants. I will respect the privacy and confidentiality of other participants and will not share any recorded or confidential event materials without explicit permission from EMMA LOVELL.

8. Governing Law and Jurisdiction

This Event Liability Waiver shall be governed by and construed in accordance with the laws of 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 Australia.

By participating in the Event, I acknowledge that I have read, understood, and agree to the above terms.