ENJOY YOUR DAY - OWN IT AGREEMENT AND LIABILITY WAIVER (“Agreement and Waiver”)

PLEASE READ THE FOLLOWING AGREEMENT AND WAIVER CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ THE AGREEMENT AND WAIVER AND AGREE TO THE TERMS SET FORTH BELOW.

Though you still need to read the entire document, some of the key points of this Agreement and Waiver are highlighted here:

The activity for which you are registering (the “Event”) may be physically challenging and may pose a risk of discomfort, illness, injury, and even death.
You need to be satisfied that you are physically capable of participating in the Event and that, if necessary, you have consulted with your physician before participating in the Event.

You must continually monitor your own physical condition and the condition of other participants, and if you detect any problem during the Event, you must immediately seek medical attention.

1. Authority to Register and/or to Act as Agent. You represent and warrant to Enjoy Your Day - Own It that you have full legal authority to complete the registration for the Event, including this Agreement and Waiver, on behalf of yourself and/or any party you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, Enjoy Your Day - Own It refers to Enjoy Your Day - Own It and any and all subsidiaries, affiliated entities, or entities that control or are controlled by Enjoy Your Day - Own It singly or together and its officers, employees, contractors, subcontractors, agents, representatives, successors, and assigns.

2. Waiver. YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY, RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, AND EACH OF YOUR HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS, DO HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE ENJOY YR DAY - OWN IT FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.

3. Limitation of Liability; Disclaimer of Warranties. ENJOY YOUR DAY - OWN IT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE ENJOY YOUR DAY - OWN IT OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH ENJOY YOUR DAY - OWN IT OR (C) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ENJOY YOUR DAY - OWN IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF ENJOY YOUR DAY - OWN IT IS AT YOUR SOLE RISK. ENJOY YOUR DAY - OWN IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ENJOY YOUR DAY - OWN IT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

4. Indemnification. You agree to indemnify and hold Enjoy Your Day - Own It harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising from or relating to your use of Enjoy Your Day - Own It or the violation of any term of this Agreement and Waiver as well as the Terms of Service by you.

5. Applicable Law; Consent to Jurisdiction. The Enjoy Your Day - Own It site (excluding linked sites) is controlled by Enjoy Your Day - Own It from its offices within the State of Queensland, Australia. By completing this Event registration, both you and Enjoy Your Day - Own It agree that the statutes and laws of the State of Queensland, without regard to the conflict of laws principles thereof, will apply to all matters relating to this Event registration, this Agreement and Waiver, the Terms of Service, or other use of Enjoy Your Day - Own It. You agree that exclusive jurisdiction for any dispute with Enjoy Your Day - Own It resides in the courts of the State of Queensland and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Queensland in connection with any dispute including any claim involving Enjoy Your Day - Own It or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

6. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of Queensland and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.