BUCKET. WHY NOT? SURPRISE GIG – KFC AGREEMENT OF RELEASE
In consideration of allowing me to attend the BUCKET. WHY NOT? SURPRISE GIG (the Event) to be held at Fed Square Carpark Roof Top in Melbourne, VIC on 11 January 2019, I warrant and agree to each of Kentucky Fried Chicken Pty Ltd (ABN 79 000 587 780) and KFC Adco Limited (ABN 22 083 047 992) (KFC) its related entities and its sponsors, agencies, suppliers and venue operators, including but not limited to Universal Music Australia Pty Limited (the Operators) as follows:
1. I acknowledge there may be inherent dangers associated with any and all of the Activations including my attendance at the Event and that serious accidents can and do happen which may result in me being injured. I acknowledge that participation in the Activations is at my own risk and that I have chosen to participate in the Activations freely and voluntarily.
2. Where the Civil Liability Act 2003 (NSW) contains provisions relating to dangerous recreational activities, I acknowledge that participation in the Activations is a “dangerous recreational activity” within the meaning of the Civil Liability Act 2003 (NSW).
3. I have had the opportunity to consider the risks associated with participating in the Activations and confirm that I am aware that these risks could include injury, illness or death and damage to property and that these are “obvious risks” within the meaning of the Civil Liability Act 2003 (NSW). I freely and voluntarily accept any and all consequences which may arise as a result of my participation in the Activations.
4. I warrant that:
(a) I am physically fit to attend the Event;
(b) I am aged 18 or over;
(c) I am not subject to any physical or mental condition that may affect my safe participation in the Activations; and
(d) I have full authority to enter into this Agreement and understand the nature and subject matter of this Agreement.
5. I agree to:
(a) obey and accept any instructions or rules in relation to the Event or Activations, including the age restriction of 18 or over for all participants
(b) wear any safety or other equipment required to safely participate in the Event or associated Activations;
(c) not engage in any illegal or unsafe behaviour during the Event or while participating in the Activations; and
(d) not be under the influence of any alcohol, drugs or any other substances that affect my safe participation in the Activations.
6. The Operators reserve the right in their absolute discretion to remove me from the Event if they consider that I am in breach of clause 4 or 5 above, or for any other reason.
7. I understand that food may be sold or provided to me in conjunction with the Event and /or Activations and acknowledge that it is my responsibility to check ingredients to ensure that the food is safe for me to eat in relation to any health condition or food allergy I have. No requests for special/allergy-free food will be considered.
8. Any and all warranties, conditions and guarantees in relation to the Event or Activations which are implied by law (whether pursuant to the Competition and Consumer Act 2010 (Cth) or otherwise) (Implied Warranties) are excluded to the fullest extent permitted by law. To the extent any Implied Warranties cannot be excluded, liability for any breach of any Implied Warranty is limited to (where legally possible):
(a) in the case of any Implied Warranty relating to goods:
i.the replacement of those goods or the supply of equivalent goods; or
ii.the cost of replacing those goods or supplying equivalent goods.
(b) in the case of any Implied Warranty relating to services:
i. the re-supply of those services; or
ii. the cost of re-supplying those services.
9. Nothing in this document attempts to limit, exclude or modify the statutory consumer guarantees provided under the Competition and Consumer Act 2010 (Cth), or any similar consumer protection laws in Australia, where it is illegal to do so.
10. To the full extent permitted by law, I waive, release and forever discharge KFC and the Operators and each of their directors, officers, employees, volunteers, contractors and agents involved in the Event and Activations from all claims or actions that I may have (including for negligence) and including for any injury, illness or death and/or loss or damage of personal items, money or other property. I have not relied on any representations or warranties made by KFC or the Operators in relation to the Event or Activations. I hereby indemnify KFC and the Operators from and against any and all costs and damages incurred as a result of any breach of the representations and warranties made by me in this agreement.
11. I agree to receive and pay for any medical or hospital treatment (including ambulance transportation) considered in the opinion of KFC or any of the Operators to be advisable in connection with my participation in the Event or Activations.
12. I agree that KFC and its agents and assigns:
(a) may photograph, film and record me in connection with the Event and Activations;
(b) have free use (without payment) of my name, voice, likeness, performance, appearance and any images or recordings of me (the Content) in any medium for an unlimited period for the purpose of promoting KFC, its goods and services and the Event / Activations;
(c) own any and all intellectual property rights in the Content upon creation;
(d) are permitted to do, or omit to do, anything that would otherwise be an infringement of my moral rights;
(e) have full editorial control over the use of the Content and may edit it in any way, in its absolute discretion; and
(f) are under no obligation to use the Content.
13. I confirm that this document takes effect as an Agreement and binds me and my successors, administrators and assigns. This Agreement is governed by the laws of New South Wales. I submit to the non-exclusive jurisdiction of the courts of New South Wales in relation to any disputes that arise as a result of my participation in the Event or Activations.