Event Waiver & Release – Mum Walk (trading name of Baby Walk Org Inc)
I understand that these terms and conditions govern my attendance at Mum Walk, which is operated by Baby Walk Org Inc (legal name) and trading as Mum Walk. 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 Mum Walk regarding behavior, safety, and photography of the event and otherwise in accordance with the Event Terms & Conditions.
3. Accepting Risk and Liability
I understand and acknowledge that whilst participating in Mum Walk I agree:
a. Assumptions of Risks: Participating in any physical activities, including but not limited to Walking, Running, Pilates, Yoga, Hiking, Dancing, and Exercising 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.
b. 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 the Mum Walk leader 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.
c. Personal Responsibility (Physical): That I am solely responsible for my own safety, and my child/children during the Event and agree to follow all safety guidelines, instructions and rules as provided by Mum Walk, as well as exercising caution and using common sense when participating in the activities.
d. Under 18s: Under 18s may attend if accompanied by a parent or legal guardian. Your child must be accompanied at all times during the activity by you as their parent/legal guardian, and must be within sight and sound of you during the activity. You as the parent/legal guardian are responsible for your child at all times; Mum Walk does not act ‘in loco parentis’ at any time.
e. Personal Responsibility (Property): I will exercise reasonable care and caution to prevent damage to my property and the property of others during the Event.
f. 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.
g. Waiver and Release: In consideration of being permitted to participate in the Event, I hereby release and discharge Mum Walk, its 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.
h. Indemnity: I agree to indemnify and hold harmless Mum Walk, its 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.
i. Consequential Loss: In no event will Mum Walk 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.
j. Liability: To the extent that Mum Walk’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.
k. 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.
4. Consent to use of Content
Photos and videos are taken on walks or events run by Mum Walk, which we then send you as a memento & use on our website and social media. We never include identifying information when we publish these images. If you do not consent to this please inform your Walk Leader at the start of the walk.
I consent to Mum Walk, its 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, or my child 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:
a. 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.
b. I grant permission to Mum Walk to use photographs, video image and/or comments of my child in print and broadcast media and I acknowledge Mum Walk’s right to crop or treat the photograph/video at its discretion. In addition, I waive any right to inspect or approve the finished product, including written copy, wherein my child’s likeness or comments appear. I also acknowledge that Mum Walk may choose to use my own or my child’s photo/video/comments at this time, but may do so at its own discretion at a later date.
c. Mum Walk will have a royalty free, perpetual, worldwide license to use the Content for advertising or other promotional use including promoting the business of Mum Walk, but not the obligation, to edit the Content.
d. I waive any right to publicity and privacy claims.
e. 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.
f. I grant Mum Walk the right to use, edit and publish photographs or video content of me and/or my child in which I appear, or may be included, for editorial, trade, advertising or any other purposes and in any manner or medium. Mum Walk retains the copyright in these photographs and any video content.
5. Governing Law and Jurisdiction
This Event Liability Waiver shall be governed by and construed in accordance with the laws of Victoria, 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 Victoria, Australia.