THIS IS AN IMPORTANT DOCUMENT. PLEASE READ IT CAREFULLY. UPON PAYMENT FOR THE BOSCH SEMINAR, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND & AGREE TO THESE TERMS AND CONDITIONS.
The following terms and conditions must be read carefully:
In consideration of your application for enrolment in the Bosch Seminar being accepted you acknowledge and agree to the following terms and conditions:
1) Definitions – in these terms and conditions:
- a) “Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with the Bosch Seminar, but does not include a claim by any person expressly entitled to make a claim under an D&G Performance Pty Ltd insurance policy;
- c) “Bosch Seminar” means the Seminar being conducted by or on behalf of D&G Performance Pty Ltd and undertaken by the applicant as set out in this application.
2) If accepted you will be permitted to participate in the Bosch Seminar subject to you complying with the terms and conditions of the Bosch Seminar or the terms and conditions of the relevant venue from which the Bosch Seminar is being conducted, this declaration, D&G Performance Pty Ltd policies which apply to Seminar candidates and any reasonable direction issued by the Bosch Seminar organisers or their representatives. A copy of each of these documents is available upon request from D&G Performance Pty Ltd.
3) Upon executing this contract you will be bound by it and any regulations, policies or codes which apply or relate to Bosch Seminar candidates. You shall submit to any disciplinary measures taken against you and shall only appeal any disciplinary decision in the manner permitted under D&G Performance Pty Ltd’s rules and regulations.
4) Risk Warning and Waiver – Your participation in the Bosch Seminar is inherently dangerous and may involve risk. There are risks specifically associated with participation in the Bosch Seminar and accidents can and often do happen which may result in personal injury, death or property damage. Prior to participating in the Bosch Seminar, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have. By signing this declaration, you acknowledge, agree, and understand that participation in the Bosch Seminar may involve risk. You agree and undertake any such risk voluntarily and at your own risk.
5) Release & Indemnity – In consideration of D&G Performance Pty Ltd accepting your application to participate in the Bosch Seminar, to the extent permitted by law you:
- a) release and forever discharge D&G Performance Pty Ltd from all Claims that you may have or may have had but for this release arising from or in connection with this application and/or undertaking the Bosch Seminar; and
- b) release and indemnify D&G Performance Pty Ltd against any Claim which may be made by you or on your behalf for or in respect of or arising out of your death whether caused by the negligence or breach of contract by D&G Performance Pty Ltd or in any other manner whatsoever; and
- c) indemnify and will keep indemnified and hold harmless D&G Performance Pty Ltd to the extent permitted by law in respect of any Claim by any person:
- i) arising as a result of or in connection with you undertaking the Bosch Seminar; and
- ii) against D&G Performance Pty Ltd in respect of any injury, loss or damage arising out of or in connection with your failure to comply with the rules or directions of D&G Performance Pty Ltd (or any authorised person), save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of D&G Performance Pty Ltd.
6) Insurance – You acknowledge and agree that whilst D&G Performance Pty Ltd maintain public liability, product liability and professional indemnity insurance cover it does not maintain any personal accidence insurance. Accordingly, D&G Performance Pty Ltd does not provide any insurance in relation to loss, damage or injury that you suffer during your participation in the Bosch Seminar. You agree that your own insurance arrangements are ultimately your responsibility and you will arrange any insurance coverage at your expense after taking into account D&G Performance Pty Ltd insurance arrangements and your own circumstances.
7) Disclosure of Medical Conditions – You warrant that prior to participating in the Bosch Seminar you:
- a) are and must continue to be medically and physically fit and able to undertake and participate in the Bosch Seminar;
- b) are not a danger to yourself or to the health and safety of others;
- c) have not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells; and
- d) are not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for you to take part in the Bosch Seminar.
8) You acknowledge that you must, and you agree that you will, disclose any pre-existing medical or other condition that may affect the risk that either you or any other person will suffer injury, loss or damage. You acknowledge that D&G Performance Pty Ltd relies on information provided by you and that all such information is accurate and complete. You agree to report any accidents, injuries, loss or damage you suffer during the Bosch Seminar to D&G Performance Pty Ltd before you leave any relevant venue. You consent to receiving any medical treatment that the Bosch Seminar organisers or their authorised representatives consider necessary or desirable during or after the Bosch Seminar and agree to reimburse D&G Performance Pty Ltd for any costs or expenses incurred in providing such medical treatment.
9) Bar to proceedings – D&G Performance Pty Ltd may plead this contract as a bar to proceedings now or in the future commenced by or on behalf of you or by any person claiming through you. Where you seek to commence proceedings against D&G Performance Pty Ltd, you:
- a) will commence those proceedings in the courts of the jurisdiction in which any incident occurs;
- b) waive any right to object to the exercise of such jurisdiction;
- c) will, where you seek to commence proceedings in another jurisdiction from where any incident occurs, consent (if required by D&G Performance Pty Ltd) to move those proceedings to the jurisdiction in which any incident occurs including consenting to any application made by D&G Performance Pty Ltd to remove the proceedings to the jurisdiction in which any incident occurs;
- d) will pay the costs of any application made by D&G Performance Pty Ltd under paragraph 9)c) and will consent to any application for security of costs made at any time by D&G Performance Pty Ltd; and
- e) consent to paying D&G Performance Pty Ltd’s legal defence costs of the proceedings (on a solicitor client basis) where D&G Performance Pty Ltd successfully defends the proceedings.
10) Governing Law – You irrevocably and unconditionally consent and submit to the Jurisdiction of the courts of the Jurisdiction in which any incident occurs and waive any right to object to the exercise of such Jurisdiction.
11) Prevailing conditions – You acknowledge and agree that:
- a) Strength and conditioning training and the teaching of strength and conditioning training (and related skills) when conducted in the open environment can and will be affected by the weather which may change without warning; and
- b) there is often an element of the “luck of the prevailing conditions” when undertaking the certain elements of the Bosch Seminar over which D&G Performance Pty Ltd has no control.
12) Use of Image – You acknowledge and consent to photographs and electronic images being taken of you during the Bosch Seminar. You acknowledge and agree that such photographs and electronic images are owned by D&G Performance Pty Ltd and D&G
Performance Pty Ltd may use the photographs for promotional or other purposes without your further consent being necessary.
13) Privacy – You understand that the personal information you have provided in this application is necessary for the conduct and management of the Bosch Seminar. You acknowledge that D&G Performance Pty Ltd may use or disclose your personal information for the purposes of conducting and administrating the Bosch Seminar or promotional material. D&G Performance Pty Ltd may share your information with third parties such as: affiliates; Bosch Seminar providers; companies engaged by D&G Performance Pty Ltd to carry out functions and activities on D&G Performance Pty Ltd behalf including direct marketing; and D&G Performance Pty Ltd’s professional advisers, including its accountants, auditors and lawyers and insurers; and government departments or agencies; however your information is not generally disclosed to anyone outside Australia. You understand that you may access and request correction of your personal information held by D&G Performance Pty Ltd or make a complaint about the handling of your personal information, by contacting D&G Performance Pty Ltd. You acknowledge that your Bosch Seminar application may be rejected if the information is not provided.
14) Entire agreement – This agreement (and the documents to which it refers) constitutes the entire agreement between the parties in respect to the Bosch Seminar and supersedes all other agreements, understandings and representations and negotiations with D&G Performance Pty Ltd in relation to the Bosch Seminar. To the extent that any clause of this agreement is void or unenforceable it is severable and does not affect the remaining provisions of the agreement.
15) Statement of Understanding – You have read, or have had read to you the above conditions and having understood the same, you consent to undertaking the Bosch Seminar and doing so on the basis set out in this agreement.