Wed 12th Apr 12:00 - Tue 18th Apr 2017 12:00 (AWST)
Jilakin Rock City, Jilakin Rock Road, Jilakin, Australia, 6365
Terms and Conditions
Terms and Conditions, Waiver and Release Form (“Terms and Conditions”) In consideration of being allowed to participate in and attend the 2015 Blazing Swan event (the “Event” or the “Blazing Swan Event”), I agree to comply with any and all rules, regulations, terms and conditions of the Blazing Swan Event, including but not limited to the following:
1) I certify that I am physically able to participate in the Blazing Swan Event and in any activity or performance associated with it, and have not been advised otherwise by a qualified medical professional.
2) I acknowledge and fully understand that as a participant, I will be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions or negligence of the organizers of the Blazing Swan Event, i.e., Blazing Swan, Incorporated and its officers, directors, employees, agents, representatives, volunteers, contractors or affiliates (collectively, “BS”), and participants, volunteers and spectators; (b) conditions of the premises or equipment used; (c) rules and regulations regarding the activities; (d) temperature; (e) weather; (f) condition of participants; (g) the widespread use by participants and by BS of fire, pyrotechnics, flame effects, explosions and other similar activities; and (h) vehicular traffic. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. 3) I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY OR DEATH, WHICH MAY OCCUR BY ATTENDING THE 2015 BLAZING SWAN EVENT, AND HEREBY FOREVER RELEASE, DISCHARGE AND HOLD BS HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF BS, OR BY THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
4) I understand that during the Blazing Swan Event, art installations, theme camps, vehicles (including but not limited to ‘mutant vehicles’ and ‘art cars’), events and performances will be held and/or on display and I understand that most of these activities are not owned or operated by BS, and I ASSUME ALL RISKS OF INJURY OR DEATH ARISING FROM THEIR OPERATION AND FROM PARTICIPATION IN ANY OF THESE ACTIVITIES, AND THE RELEASE IN PARAGRAPH 2 APPLIES TO ANY INJURY I MIGHT SUSTAIN RELATING TO MY PARTICIPATION IN ANY OF THESE ACTIVITIES.
5) I, on behalf of myself, my heirs, executors, administrators and assigns, hereby waive, release, discharge, and agree not to sue BS, its officers, directors, members, employees, volunteers, representatives, agents, contractors and subcontractors, and other participants, sponsors, affiliates, and if applicable, owners and lessors of equipment, art installations and premises used to conduct the Blazing Swan Event or related activities (collectively the “Releasees”), from any and all claims for damages, injuries, losses, liabilities and expenses which I may have or which may subsequently accrue to me, relating to, resulting from or arising out of my use and/or participation in the Blazing Swan Event, including any programs, events, art installations or activities at the Event, and including any injury or damage to my person or property, or to that of any other person or property. However, if Blazing Swan files a claim against me, I may file a counterclaim related to the same facts and circumstances. I agree to indemnify, defend and hold the Releasees harmless from and against any and all claims by third parties for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of my participation in the Blazing Swan Event, including in any program, event or activity at the Event. I intend that the waiver and release of liability contained in these Terms and Conditions shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
6) I understand that some participants at the Event may engage in expressive activity and dress, which may include partial nudity or nudity and other types of expressive activity. I agree that such expressive activity and dress is not indecent nor offensive to me, and that I have decided to attend the Event with full knowledge that such expressive activity and dress may occur. If I am accompanied by minors at the Event, I acknowledge that I have made a choice that the minors may be exposed to the expressive activities and dress that take place at the Event, and that I have exercised parental responsibility and control in bringing the minors to the Event. Should I find that any activity at the Event is offensive to me, or to any minors accompanying me, I acknowledge that I can avoid such activity by, among other things, leaving the vicinity of the activity or leaving the Event.
7) Blazing Swan's is an all ages event. Anyone under 18 years old must be accompanied by a parent or legal guardian. Guardians should bring a signed and dated letter from one or both parents of the minor authorizing guardianship during the event.
Everyone 13 years old and older must have a ticket. Children 12 years old and under get into the event for free. Children should always have some form of identification on their person at all times at Blazing Swan.
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