Big Freeze 11 Waiver & Release
This activity waiver and release (this “Agreement”)
BETWEEN:
The “Participant”
AND
FightMND of Cure for MND Ltd
(The “Activity Provider”)
In consideration of the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:
1. Consideration
Being of lawful age and in consideration of being permitted to participate in the activity described below, the Participant releases and forever discharges the Activity Provider, its owners, directors, officers, employees, agents, assigns, legal representatives and successors 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 death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the activity described below, and not withstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity.
The Participant understands that the Participant would not be permitted to participate in the activity described below unless the Participant signed this Agreement.
2. Details of Activity
Scheduled for Monday 9 June 2025, the Participant will participate in the following activity
The Activity is to slide down the specially created slide on a toboggan at the Ponsford Stage at the MCG. The slide is 6.5m long. Participants slide down into a large swimming pool of icy water and may be fully submerged in said icy water. Careful consideration should be taken when climbing out of the pool as it may be slippery, waterlogged costumes may further weigh participants down.
Participant will be chaperoned from the waiting area to the slide area with appropriate event and medical staff on hand. All participants will be provided with towels and robes immediately after, and post broadcast interview which will take only minutes, will be ushered to a warm shower.
3. Concurrent Release
The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives and assigns.
4. Fitness to Participate
The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent the Participant from participating in the above mentioned activity. If required, the Participant will obtain a medical examination and clearance.
5. Duty of Care
a) Provider
The Activity Provider has a duty of care to minimise all health and safety risks and has implemented the following actions to manage these risks, the Activity Provider:
- Has Event and Public Liability Insurance policy in place
- Has assessed risks from slide and will test during and post construction to mitigate as many safety risks as possible
- Compliant with Workplace Health and Safety regulations
- Will ensure emergency medical presence is at the slide during the event and qualified doctors in place
- Will ensure monitors are placed within close proximity of pool for immediate assistance
- Will provide the participant with a safety briefing and instructions prior in the lead up to the slide event, on the day of the event
b) Participant
The Participant has a duty of care to minimise all health and safety risks during their participation and the Participant is expected to
- Attend the safety briefing and ask any questions they require answered in relation to the safe conduct of the event
- Follow the instructions of the Activity Providers staff and contractors during the activity
- Not be under the influence of drugs or alcohol while participating
6. The Participant understands that by signing this Agreement, the Participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above noted activity.
7. The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement.
8. This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.
9. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of Victoria
10. Full and Final Settlement
The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.
Activity Provider:
Name: Matt Tilley
Title: FightMND CEO