Online Waiver and Release of Liability, Assumption of Risk and Indemnity Form
Waiver and release of liability, assumption of risk and indemnity (this "Waiver") dated today,IN CONSIDERATION of being allowed to participate in the service and other good and valuable consideration, the receipt of which is hereby acknowledged, I the Service User,(The "Participant") agree with FTP FIT (the "Service Provider") to the following: DETAILS OF SERVICE 1. The Participant will be participating in the following service: Bicycle fitting, positioning advice and minor bicycle adjustments (the "Service") provided by the service provider. CONSIDERATION 2. Being of lawful age and in consideration of being permitted to participate in the Service, the Participant releases and forever discharges the Service Provider, the Service Provider's spouse, heirs, executors, administrators, legal representatives, and assigns from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims, and demands for or by reason of any injury to person or property, including injury resulting in the loss of life of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the service, and not withstanding that such damage, loss, or injury may have been caused solely or partly by the negligence of the Service Provider. 3. The Participant understands that the Participant would not be permitted to participate in the Service unless the Participant signed this Waiver. CONCURRENT RELEASE 4. The Participant acknowledges that this Waiver is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant by the Service Provider, and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives, and assigns. FITNESS TO PARTICIPATE 5. The Participant acknowledges to the Service Provider that the Participant does not have any physical limitations, medical ailments, or physical or mental disabilities that would limit or prevent the Participant from participating in the Activity. If required, the Participant will obtain a third party medical examination and clearance prior to participating in the Service. FULL AND FINAL SETTLEMENT 6. The Participant acknowledges and agrees with the Service Provider that: (1) the Service Provider has given the Participant sufficient time to carefully read this Waiver, (2) the Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Waiver, (3) the Participant fully understands the risks and claims that the Participant is waiving to participate in the Service, (4) the Participant is freely and voluntarily executing this Waiver, and (5) the Participant is forever prevented from suing or otherwise claiming against the Service Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for or post participating in the Service. GOVERNING LAW 7. This Waiver will be wholly governed by and construed in accordance within the laws of the State of Tasmania. Electronic Signature,I agree to the Terms & Conditions and Privacy PolicySubmit