This Disclaimer is a Waiver of Liability.
In consideration of the services of In My Nature, its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, you hereby agree to release, indemnify and discharge In My Nature, on behalf of yourself, your spouse, children, parents, heirs, assigns, personal representative and estate as follows:
- By joining a In My Nature activity, you acknowledge that you will be participating in outdoor activities that relate to walking in the Australian bush, and freely and voluntarily assume all risks of such injuries and damages.
- To this effect, you acknowledge that outdoor activities in natural areas entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. you understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
- The risks include, among other things: Slipping and falling; falling objects; water hazards; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; consumption of food or drink; equipment failure; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity.
- Furthermore, In My Nature staff have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, incorrect information, and the equipment being used might malfunction.
- You expressly agree and promise to accept and assume all of the risks existing in this activity. Your participation in this activity is purely voluntary, and you elect to participate in spite of the risks.
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You understand that the information provided by In My Nature is general information only and is not intended as medical, health, nutritional or other advice. You should obtain professional advice from a medical adviser or health professional in relation to your own personal circumstances.
- You hereby voluntarily release, forever discharge and agree to indemnify and hold harmless In My Nature, from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of In My Nature equipment or facilities, including any such claims which allege negligent acts or omissions of In My Nature.
- Should In My Nature, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, you agree to indemnify and hold them harmless for all such fees and costs.
- You certify that you have adequate insurance to cover any injury or damage you may cause or suffer while participating, or else you agree to bear the costs of such injury or damage myself. You further certify that you are willing to assume the risk of any medical or physical condition you may have.
- This Agreement and the rights and responsibilities of the parties will be construed and take effect in accordance with and be governed by the laws of Victoria.
- You agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
This Waiver of Liability is an Agreement that participation in an In My Nature activity or event, for example, a Forest Therapy session, is strictly voluntary and of your own choice. You agree herewith to accept personal responsibility and liability for all, and any foreseen and unforeseen events, that may occur during, including to and from, all In My Nature events that you choose to participate in.
You understand that you will be asked to sign a form in printed format or online via a so-called tick box containing this Waiver of Liability prior to participating in an In My Nature activity. This Agreement is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Agreement are held to be invalid or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.
If you have any questions about this Disclaimer, please contact us at:
Institute of Forest Therapy Pty Ltd trading as In My Nature
8 Lyall Street, Armstrong Creek VIC 3217, Australia
Email: info@inmynature.life
This document was last updated on 16 March 2023.
