Run with Nedd in Melbourne

Read the Waiver and Accept Below.

WAIVER, RELEASE & CONSENT FORM

PLEASE READ BEFORE SIGNING: This document affects your legal rights. You should read it carefully.

Any person participating in the below-specified activity (“Activity”) organized by MITRE 10 AUSTRALIA PTY LTD ACN 009 713 704 and the Mitre 10 store hosting this event (collectively “MITRE 10”) is, by signing this form, waiving and releasing to the extent permitted by law any and all claims against MITRE 10 and other parties as detailed below, which claims arise from or in connection with the Activity.

In consideration of MITRE 10 allowing me to participate in the Activity (as detailed above), I, the undersigned hereby acknowledge and agree with MITRE 10 as follows:

Risk Warning and Acknowledgment

1. I acknowledge and agree that the Activity involves physical activity, and there are risks associated with participation in the Activity. Accidents may and do happen, which could result in serious personal injury to myself or others and/or damage to my property or others’. While measures may be taken by MITRE 10 to reduce such risks, there will always remain a certain level of risk. Prior to undertaking the Activity, I have considered all of the possible risks involved and accept them voluntarily.

2. I acknowledge and agree with MITRE 10 that, if I am suffering from any medical or health condition, my participation in the Activity might be associated with increased or additional risks. I represent and warrant that I do not suffer from any such medical or health condition or have sought and followed appropriate medical advice before participating in the Activity.

3. I acknowledge that MITRE 10 may not have accident, medical, liability or other insurance coverage for participants of the Activity including myself. I agree to pay all costs resulting from such treatment for myself.

Waiver and Indemnity

4. To the fullest extent permitted by law, I acknowledge and accept that MITRE 10 makes no representation, warranty or other assurances in respect of the Activity including the adequacy of any safety measures taken by MITRE 10.

5. I knowingly and freely assume full responsibility for participating in the Activity, including responsibility for any and all of the risks associated with my participation in the Activity, both known and unknown, unless the same is directly caused by the gross negligence or willful misconduct of MITRE 10 and/or its employees, officers, or agents. I acknowledge that such risks include (without limitation) death, personal injury and property damage pertaining to myself or others, whether caused by MITRE 10 and/or its employees, officers, contractors, agents or other persons.

6. I agree with MITRE 10 to comply with the conditions for participation of the Activity including any safety measures or directions prescribed by MITRE 10 in relation to myself or the care of other participants. I agree to avoid any willful misconduct, recklessness, negligence or failure to comply such conditions on my part when participating in the Activity, as I am aware that such behavior may result in death, personal injury or property damage pertaining to myself or others. If I observe any hazard during my presence or participation, I will remove myself from participation and bring such hazard to the attention of the nearest MITRE 10 employee, officer or agent.

7. I, intending to legally bind myself, my heirs, executors and administrators, hereby waive and release MITRE 10, its affiliated companies, and their past and present officers, directors, agents, employees, representatives, successors and assigns and any person or entity acting for or on behalf of them (the “Releasees”) from any and all rights and claims for injuries and damages that may be suffered by me in connection with my participation on the Activity. I agree to fully indemnify the Releasees and hold them harmless from and against any and all losses, claims, liabilities and/or expenses arising from or otherwise connected with my breach of the terms herein.

Usage Picture Taking for Commercial Purpose

8. I agree to allow MITRE 10 to take, edit and use any still images (photographs), moving images (video recordings) or sound recordings of me (with or without mention of my name) for the purpose of promotion of the MITRE 10 brand by all media, without any fee or obligation to me. MITRE 10 shall be the legal and beneficial owner of the copyright in all such pictures. If required, I will promptly transfer and assign to MITRE 10 all of my rights in and to such images and recordings.

Governing Law and Jurisdiction

9. The terms in this form will be governed by and construed in accordance with the laws of Victoria, Australia. I agree to exclusively submit any claim or dispute arising under or connected with the terms of this form and/or the Activity to the jurisdiction of the courts of Victoria, Australia.