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INVICTUSELITE™ Disclosure & Waiver

IMPORTANT: PLEASE READ CAREFULLY BEFORE SIGNING

This Disclaimer and Waiver of Liability (the "Waiver") is executed on this day by the undersigned participant ("Participant"), in favor of FCSA WA Pty Ltd, trading as Invictus Health, and South Peak Pty Ltd., their directors, officers, employees, volunteers, agents, contractors, and affiliates (collectively, the "Released Parties").

Acknowledgment of Risk: The Participant acknowledges that participation in the INVICTUS ELITE™ program (the "Program") involves high-risk activities, including but not limited to gym training, hiking, combat sports, practical shooting, mountaineering, MTB, and other physically demanding and potentially dangerous activities. The Participant acknowledges that these activities involve a risk of injury, illness, death, or property damage. The Participant hereby affirms that they are fully aware of these risks and elects to participate in the program voluntarily.
Health and Fitness: The Participant asserts that they are physically fit, in good health, and have consulted with a healthcare professional regarding their participation in the Program. The Participant agrees to inform INVICTUS HEALTH HUB in writing of any health conditions or limitations that may affect their participation in the Program prior to the start of any activity.
Cancellation Clause Due to Unforeseen Circumstances: Invictus Health Hub and South Peak Pty Ltd reserve the right, at their sole discretion, to cancel, terminate, modify, or suspend any activity or part of the INVICTUS ELITE™ program due to unforeseen circumstances beyond reasonable control; including but not limited to extreme weather conditions, participant injury, or any other safety concerns. In the event of such cancellation, termination, modification, or suspension, the Participant acknowledges and agrees that there shall be no entitlement to any form of compensation or refund for any expenses incurred in relation to the program.
The Participant understands and agrees that the safety and wellbeing of all participants and staff remains utmost priority, and any decision made by Invictus Health Hub and South Peak Pty Ltd regarding the cancellation, termination, modification, or suspension of an activity is made with this consideration in mind.
Waiver and Release of Liability: To the fullest extent permitted by law, the Participant hereby releases, waives, discharges, and covenants not to sue the Released Parties from any and all liabilities, claims, demands, losses, damages, expenses, legal fees, or causes of action arising out of or in connection with the Participant's participation in the Program, whether caused by the negligence of the Released Parties or otherwise.
Indemnification: The Participant agrees to indemnify and hold harmless the Released Parties from any and all liabilities, claims, demands, losses, damages, expenses, legal fees, or causes of action resulting from the Participant's participation in the Program, including those caused by the negligence of the Released Parties.
Media Release: By your signature below, you grant permission to FCSA WA Pty Ltd, South Peak Pty Ltd and the Released Parties to freely utilise images, video, audio and text that may contain your person or voice in any media and marketing publications, not limited to any media platform or resource, for the promotion of the program and subsequent services.
Acknowledgment of Understanding: The Participant has read this Waiver and fully understands its terms. The Participant understands that they are giving up substantial rights, including their right to sue. The Participant acknowledges that they are signing this Waiver freely and voluntarily and intend by their signature for this to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Governing Law: This Waiver shall be governed by and construed in accordance with the laws of the State of Western Australia, without regard to its conflict of law principles.

IN WITNESS WHEREOF, the Participant has executed this Waiver on the date timestamped below.

22/10/2024

If the Participant is under 18 years of age, a parent or guardian must read and sign this Waiver on behalf of the minor.

22/10/2024

This document is a waiver and release of liability. By signing, you acknowledge that you have given up certain legal rights.

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20/02/2024 6:01 pm AWST

INVICTUSELITE™ Disclosure & Waiver Uploaded by Benjamin Kowal - benjamin@invictushealthhub.com IP 1.146.144.11

20/02/2024 6:32 pm AWST

Document owner benjamin@invictushealthhub.com has handed over this document to arthur@indepth.com.au 2024-02-20 18:32:00 - 220.233.210.230

20/02/2024 6:36 pm AWST

Document owner arthur@indepth.com.au has handed over this document to benjamin@invictushealthhub.com 2024-02-20 18:36:44 - 110.22.191.98