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BEFORE USING THIS SITE OR PURCHASING TICKETS TO A COLOUR FRENZY EVENT,
PLEASE GO THROUGH THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY.
Colour Frenzy Accident Waiver, Release of Liability and Terms & Conditions of Entry.
This applies to all and any person or animal attending a Colour Frenzy event. (Including those who ticket is not in the name of or have purchased tickets through resale)
I hereby assume all of the risks of participating in this Colour Frenzy Event, Including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them, or because of their possible liability without fault.
I certify that I am physically fit and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this Event. I acknowledge that this Accident Waiver and Release of Liability Form will be used by the organizers of the Colour Frenzy Event in which I may participate and that it will govern my actions and responsibilities at said event.
In consideration of my application and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A)I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this Colour Frenzy Event.
THE FOLLOWING ENTITIES OR PERSONS: Body Wizards Pty Ltd Trading As Colour Frenzy , Mr Clayton Bielby, and/or their team, agents, representatives or volunteers (the Released Entities).
(B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the Released Entities
from any and all liabilities or claims made as a result of participation in this event, whether caused by negligence or otherwise.
I acknowledge that this event may carry with it the potential for death, serious injury, and personal loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, and lack of
I consent and agree that the Released Entities may take photographs or digital recordings of me as a participant during this event and use these in any and all media for training or promotional purposes. I further consent that my identity may be revealed therein or by description text or commentary. I waive any rights, claims or interest and I understand that there will be no financial or other remuneration.
The accident waiver, release of liability and image release shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
By purchasing tickets I certify that I agree to all the terms and conditions of entry to the Colour Frenzy event. I am aware that this is a release of liability and a contract and I agree to it on my own free will.
Website Terms and Conditions
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
2. Intellectual Property Rights.
Other than content you own, which you may have opted to include on this Website, under these Terms, Colour Frenzy and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,
You are expressly and emphatically restricted from all of the following:
1. publishing any Website material in any media;
2. selling, sublicensing and/or otherwise commercializing any Website material;
3. publicly performing and/or showing any Website material;
4. using this Website in any way that is, or may be, damaging to this Website;
5. using this Website in any way that impacts user access to this Website;
6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
8. using his Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Colour Frenzy may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. Your Content.
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Colour Frenzy a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Colour Frenzy reserves the right to remove any of Your content from this Website at any time, and for any reason, without notice.
5. No warranties.
This Website is provided “as is,” with all faults, and Colour Frenzy makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
6. Limitation of liability.
In no event shall Colour Frenzy nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Colour Frenzy, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Colour Frenzy from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms.
Colour Frenzy is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Colour Frenzy shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Entire Agreement.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Colour Frenzy and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
12. Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of Australia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Australia for the resolution of any disputes.