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Assumption of Risk, Waiver of Liability, and Indemnification Agreement  

APPLICANTS: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND MAY ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. BY SIGNING THIS FORM YOU ARE CONFIRMING YOU ARE PHYSICALLY CAPABLE OF PARTICIPATING IN SESSIONS WITH TORRES AND YOUNG PTY LTD TRADING AS IRON OCTOPUS STRENGTH AND GRAPPLING (“IOSG”). AN IOSG SESSION IS ANY TRAINING SESSIONS, COMPETITIONS, DEMONSTRATION SESSIONS OR SOCIAL EVENTS HELD BY IOSG. Released Parties include: TORRES AND YOUNG PTY LTD TRADING AS IRON OCTOPUS STRENGTH AND GRAPPLING (ABN 66 628 300 489); Alexander Torres; and the affiliates and the respective directors, officers, employees, agents, contractors, insurers, spectators, co-participants, equipment suppliers, sponsors and volunteers of the above parties. Releasing Parties include: The applicant (member) as well as applicant’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on applicant’s behalf.

Initial Assumption of Inherent Risks: 

The Iron Octopus Strength and Grappling sessions can involve extreme conditions that involve strength, stamina, cardiovascular and mental participation and endurance. 

I, as the member, acknowledge that the Iron Octopus Strength and Grappling sessions may test my physical and mental limits and that this carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely (without changing the nature of the Iron Octopus Strength and Grappling sessions) regardless of the care and precautions taken by Iron Octopus Strength and Grappling and the other Released Parties. I also understand that the Iron Octopus Strength and Grappling sessions may be extremely strenuous and further acknowledge the accompanying risks and dangers generally present in such activities. 

I understand and acknowledge that the inherent risks include, but are not limited to:  contact or collision with objects (e.g., contact or collision with machinery and fixed objects or obstacles); contact or collision people (e.g., contact or collision with people due to limited exercise area); equipment related hazards (e.g., broken, defective or inadequate equipment, unexpected equipment failure, imperfect conditions) weather-related hazards (e.g., extreme heat, extreme cold, humidity, ice, rain, fog);  inadequate first aid and/or emergency measures;  judgment- and/or behaviour-related problems (e.g., erratic or inappropriate co-participant or spectator behaviour, erratic or inappropriate behaviour by the applicant, errors in judgment by personnel working the event; and  natural hazards (e.g. lightning strikes, earthquakes). 

I further understand and acknowledge that any of these risks and others, not specifically named, may cause injury or injuries that may be categorised as minor, serious, or catastrophic. Minor injuries are common and include, but are not limited to: scrapes, bruises, sprains, nausea, and cuts. Serious injuries are less common but do sometimes occur. They include, but are not limited to: property loss or damage, broken bones, fractures, torn or strained ligaments and tendons, concussions, exposure, dehydration, heat exhaustion and other heat-related illnesses, mental stress or exhaustion, infection, vomiting, dislocations, hyperthermia, hypothermia, anaemia, electrolyte imbalance, loss of consciousness, syncope, dizziness, fainting, seizures, electric shock and/or injury, and neurological disorders/pain. 

Catastrophic injuries are rare; however, we feel that our participants should be aware of the possibility. 

These injuries can include but are not limited to, permanent disabilities, stroke, single or multiple organ failure or dysfunction, physical damage to organs, spinal injuries, paralysis, heart attack, heart failure, blood cell disorder, brain swelling, and even death.  

I understand that it is my responsibility to inspect the facilities, the equipment and the areas to be used, and if you believe or become aware that any are unsafe or pose unreasonable risks, I agree to immediately notify appropriate personnel and not participate in the session. By participating in the session, I am acknowledging that I have found the facilities, equipment and areas to be used to be safe and acceptable for participation. I accept full and sole responsibility for the condition and adequacy of my own equipment. 

I understand fully the inherent risks involved in Iron Octopus Strength and Grappling sessions and assert that I am willingly and voluntarily participating in the Iron Octopus Strength and Grappling sessions. I have read the preceding paragraphs and acknowledge that:

•         I know the nature of Iron Octopus Strength and Grappling sessions 
•         I understand the demands of this activity relative to my physical condition; and  
•         I appreciate the potential impact of the types of injuries that may result from the sessions
  

I hereby acknowledge, warrant and assert that I knowingly assume all of the inherent risks of the activity and take full responsibility for any and all damages, liabilities, losses, or expenses that I incur as a result of participating in Iron Octopus Strength and Grappling sessions and that Iron Octopus Strength and Grappling does not hold an insurance policy to cover such damage, liabilities, losses or expenses. In short, I acknowledge that I am participating in the Iron Octopus Strength and Grappling sessions entirely at my own risk.

Initial Waiver of Liability for Ordinary Negligence: 

To the extent permitted by law, I agree that under this agreement Iron Octopus Strength and Grappling and the other Released Parties shall be excluded from liability for ordinary negligence in the conduct of Iron Octopus Strength and Grappling sessions and the Released Parties shall be excluded from liability under any civil liability or consumer law applicable to the State in which the Iron Octopus Strength and Grappling sessions are held subject to the exception that this exclusion of liability will not apply in circumstances where the conduct of Iron Octopus Strength and Grappling or its officers, servants or agents is reckless. In consideration of being permitted to participate in Iron Octopus Strength and Grappling sessions, to the extent permitted by law, I (on behalf of the Releasing Parties) hereby forever waive, release, covenant not to sue, and discharge Iron Octopus Strength and Grappling and the other Released Parties from any and all claims, actions, suits, demands, losses, and other liabilities in relation to any of death, physical or mental injury (including the aggravation, acceleration or occurrence of such an injury), the contraction, aggravation or acceleration of a disease or the coming into existence, the aggravation, acceleration or occurrence of any other condition, circumstance, occurrence, activity, form of behaviour, Course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to me or the community from the INHERENT RISKS of Iron Octopus Strength and Grappling sessions or the ORDINARY NEGLIGENCE of Iron Octopus Strength and Grappling (or other Released Parties) that I may have arising out of my participation in Iron Octopus Strength and Grappling sessions. 

Initial Indemnification Agreement:  

To the extent permitted by law, I hereby agree to hold harmless, defend, and indemnify (which for the avoidance of doubt includes defending and paying any judgment, court costs, investigation costs, attorney’s fees, and any other expenses incurred that relate to a breach of this contract) Iron Octopus Strength and Grappling (and the other Released Parties) from any and all claims made by me (or any Releasing Party) arising from death, physical or mental injury (including the aggravation, acceleration or occurrence of such an injury), the contraction, aggravation or acceleration of a disease or the coming into existence, the aggravation, acceleration or occurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to me or the community due to my participation in Iron Octopus Strength and Grappling sessions. This applies both to claims arising from the inherent risks of the Iron Octopus Strength and Grappling sessions or the ordinary negligence of Iron Octopus Strength and Grappling (or any Released Parties). 

I further agree to hold harmless, defend, and indemnify (which for the avoidance of doubt includes defending and paying any judgment, court costs, investigation costs, attorney’s fees, and any other expenses incurred that relate to a breach of this contract) Iron Octopus Strength and Grappling (and the other Released Parties) against any and all claims of co-participants, rescuers, and others arising from my conduct in the Course of my participation in the Iron Octopus Strength and Grappling sessions. 

Mediation and Arbitration:  

In the event of a legal issue, I agree to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalised by a written contractual agreement at that time. Should the issue not be resolved by mediation or otherwise unresolved within sixty (60) days of Iron Octopus Strength and Grappling being notified of such issue, I agree that all disputes, controversies, or claims arising out of my participation in Iron Octopus Strength and Grappling sessions shall be submitted to binding arbitration in accordance with the applicable rules of the Australian Arbitration Association then in effect. The seat of arbitration shall be Perth, Australia. The language of the arbitration shall be English and the number of arbitrators shall be one (1). The cost of such action shall be shared equally by the parties. 

Class Actions:  

I agree that any arbitration, mediation or legal action shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties.

Initial Other Agreements Venue and Jurisdiction:  

I understand that if Mediation and Arbitration prove unsuccessful and legal action is brought, the appropriate state or federal trial court in the State of Western Australia has the sole and exclusive jurisdiction and that only the substantive laws of the State of Western Australia shall apply. 

Severability: 

I understand and agree that this Assumption of Risk, Waiver of Liability, and Indemnification 

Agreement is intended to be as broad and inclusive as is permitted by the State or Territory in which the Iron Octopus Strength and Grappling sessions are held and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions. Furthermore, notwithstanding anything to the contrary contained within this Agreement, this Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any services pursuant to this Agreement of any provision of any Act of the Commonwealth of Australia or of any State or Territory of the Commonwealth of Australia which by law cannot be excluded, restricted or modified. 

Integration:  

I affirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire Agreement between Iron Octopus Strength and Grappling and myself and cannot be modified or changed in any way by representations or statements by any agent or employee of Iron Octopus Strength and Grappling. This Agreement may only be amended by a written document duly executed by all parties.   

Waiver Cancellation:  

I agree that this waiver supersedes any waiver and rules agreement I have entered into in the past and I agree to this documents terms and conditions. 

Initial Agreements for the Protection of Participants: 

•         I assert that I am in good health and in proper physical condition to safely participate in the Iron Octopus Strength and Grappling sessions. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in Iron Octopus Strength and Grappling session, or that would result in my participation creating a risk of danger to myself or to others. 
•         I acknowledge that Iron Octopus Strength and Grappling recommends and encourages each participant to get medical clearance from his/her personal physician prior to participation. 
•         I assert that I have not been advised or cautioned against participating by a medical practitioner. I understand that it is my responsibility to continuously monitor my own physical and mental condition during the Course, and I agree to withdraw immediately and to notify appropriate personnel if at any point you continued participation would create a risk of danger to myself or to others. 
•         In the event of an injury to myself that renders me unconscious or incapable of making a medical decision, I authorise appropriate Iron Octopus Strength and Grappling personnel and emergency medical personnel to make emergency medical decisions on my behalf (including, but not limited to CPR and AED). 
•         I authorise Iron Octopus Strength and Grappling to secure emergency medical care or transportation (i.e., EMS) when deemed necessary by Iron Octopus Strength and Grappling. 
•         I agree to assume all costs of emergency medical care and transportation. 
•         I acknowledge that Iron Octopus Strength and Grappling has instituted its rules for the protection of the participant and co-participants. I agree to familiarise myself with the rules and follow them when participating in sessions. I also recognise the authority of Iron Octopus Strength and Grappling to halt my participation (and, if necessary, have me removed from the premises) if my participation, conduct, or presence endangers myself or my co-participants. 

General:  

I agree to become familiar with and abide by all written and/or posted rules of Iron Octopus Strength and Grappling which are found online at www.luistrocombat.com, as well as all written and/or posted rules on premise. I further agree to comply with all directions, instructions and decisions of Iron Octopus Strength and Grappling and Iron Octopus Strength and Grappling personnel. I further agree not to challenge these rules, directions, instructions, or decisions on any basis at any time. 

Cancellation and Finals:  

I acknowledge that Iron Octopus Strength and Grappling at its sole discretion may delay, modify, or cancel the Iron Octopus Strength and Grappling sessions if conditions or natural or man-made emergencies make administering the sessions unreasonably difficult or unsafe. I agree that “emergency” is defined to mean any event beyond the control of Iron Octopus Strength and Grappling, including but not limited to: high wind, extreme rain or hail, hurricane, tornado, earthquake, flood, acts of terrorism, fire, threatened or actual strike, labour difficulty or work stoppage, insurrection, war, public disaster, and unavoidable casualty. In the event of a delay, modification, or cancellation of an event as described in this paragraph, I understand that I will not be entitled to a refund of my fees or any other costs incurred in connection with the cancelled Iron Octopus Strength and Grappling session. 

Govern Participation:  

I understand that Iron Octopus Strength and Grappling has the authority to issue instructions or directions relating to the manner of my safe participation in sessions and the authority to halt my participation in the sessions at any time they deem it necessary to protect the safety of participants, spectators, and personnel; and/or promote fairness and the spirit of Iron Octopus Strength and Grappling.  

Removal from Premise: 

I understand that Iron Octopus Strength and Grappling may immediately cause anyone who disobeys any rules, directions, instructions, decisions, or laws, or whose behaviour endangers safety or negatively affects a person, facility, or property of any type or kind, to be removed from the Premise. 

Fee Refunds:  

I understand that all fees and associated costs, paid for Iron Octopus Strength and Grappling sessions are not refundable for any reason under any circumstances, including but not limited to injury, a scheduling conflict, and/or session cancellation.  

Attitude and Behaviour:  

I agree to exhibit appropriate behaviour at all times; demonstrate respect for all people, equipment, and facilities; and participate with a cooperative and positive attitude.  

Alcohol & Drugs:  

I certify that I will not participate Iron Octopus Strength and Grappling sessions under the influence of alcohol or any non-prescription drugs that would in any way impair my ability to safely participate in the Iron Octopus Strength and Grappling session. I further understand that the consumption of any alcohol and any illicit or illegal drugs or substances during Iron Octopus Strength and Grappling sessions is strictly prohibited. The consumption of any illicit or illegal drugs or substances before, during, and after Iron Octopus Strength and Grappling sessions is strictly prohibited.  

Specific Rules:  

I specifically acknowledge and agree to abide by the following rules:  

no wheeled conveyances or pets are allowed on premise at any time;
no clothing, props or equipment that pose an unnecessary risk to participants, spectators or personnel are permitted; and 
obey civil and criminal laws.
  

Photography: 

I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during Iron Octopus Strength and Grappling sessions by Iron Octopus Strength and Grappling, its affiliated entities or contractors, and/or the media become the sole property of Iron Octopus Strength and Grappling. I grant the right, permission and authority to Iron Octopus Strength and Grappling and its designees to use my name and any such photographs, motion pictures, recordings, and/or likenesses for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities. I further understand that Iron Octopus Strength and Grappling and its designees have the full right to sell and/ or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses. 

Majority Age:  

Members must affirm their age. Members under the age of 18 are required to provide in writing authorisation from a parent or legal guardian confirming approval to join and train with Iron Octopus Strength and Grappling.  

Acknowledgment of Understanding:  

I have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability due to ORDINARY NEGLIGENCE of Iron Octopus Strength and Grappling (and other Released Parties) or the INHERENT RISKS of the activity, to the greatest extent allowed by the laws in force of the State Western Australia.

If applicable, I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Assumption of Risk and Release and Waiver of Liability.

By providing your signature below you hereby confirm your acceptance of this Iron Octopus Strength and Grappling liability waiver.