BELIEVE

THE KRYPTONITE CHALLENGE ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT PARTICIPANTS: READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND MAY ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.Released Parties include: THE KRYPTONITE CHALLENGE and its affiliates and their respective directors, officers, employees, agents, contractors, insurers, spectators, equipment suppliers, and volunteers; VENUE and its directors, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers; all KRYPTONITE CHALLENGE Aus event sponsors, organizers, promoters, directors, officials, property owners, and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing including but not limited to KRYPTONITE CHALLENGE Aus. Releasing Parties include: the participant including the participant’s spouse, parents, children, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who may claim or sue on participant’s behalf. Warning of Assumption of Inherent Risks The KRYPTONITE CHALLENGE event is meant to be an extreme test of toughness, strength, stamina, solidarity, and mental grit that takes place in one area in one day. It is not a race against other contestants, but a competition with oneself and the obstacle course. The purpose is to complete the course. Venues are part of the challenge and will usually involve hostile environments that may include extreme cold or heat, snow, fire, mud, extreme changes in elevation, and water. Some of the activities can include runs, military style obstacles, travelling through pipes, traversing cargo nets, climbing walls, encountering electric voltage, swimming in cold water, throwing or carrying heavy objects, and traversing muddy areas. In summary, the KRYPTONITE CHALLENGE event is a hazardous activity that presents the ultimate physical and mental challenge to participants.I acknowledge that the KRYPTONITE CHALLENGE event will be an extreme test of my physical and mental limits that will carry with it inherent risks of physical injury. Inherent risks are risks which can’t be completely eliminated (without changing the challenging nature of the KRYPTONITE CHALLENGE event) despite the care and precautions taken by THE KRYPTONITE CHALLENGE Aus and the other Released Parties. I also understand that the KRYPTONITE CHALLENGE event will be extremely strenuous and I also acknowledge the associated risks and dangers generally present in such activities. I understand that these hazards may be intensified due to the fact that the KRYPTONITE CHALLENGE event is often carried out under what may be extreme conditions and circumstances. I understand and I acknowledge that the inherent risks include, but are not just limited to: 1) contact or a collision with people or objects (e.g., collision with the spectators or course personnel), contact with other challengers/participants, contact or collision with vehicles or machinery, and contact with natural or man-made fixed objects / obstacles); 2) encounter with obstacles (e.g., natural and man-made surface, road and water hazards, near to and/or contact with thick smoke and open flames, barbed wire, pipes, and electric shocks); 3) equipment related hazards (e.g., broken, defective or inadequate event equipment, unexpected equipment failure, imperfect conditions of course); 4) weather-related hazards (e.g., extreme cold and heat, humidity, rain, fog, ice); 5) inadequate first aid and/or emergency measures; 6) judgment- and/or behaviour-related issues (e.g., erratic or inappropriate co-event participant behaviour, erratic or inappropriate behaviour by the participant, errors in judgement by personnel working the event; and 7) natural hazards (e.g. uneven terrain, rock falls, lightning strikes, earthquakes, wildlife attacks, contact with poisonous marine life, plants and/or ticks).I further understand and acknowledge that any of these risks and others, not specifically named, could cause injury or injuries that may be categorized from minor, serious, or catastrophic. Minor injuries are a common occurrence and include, but are not limited to: scrapes, bruises, sprains, cuts and nausea. Serious injuries are not as common, but do sometimes occur. They include, but are not limited to: property loss/ damage, broken bones, torn ligaments, concussions, exposure, heat-related illness, mental stress/ exhaustion, infection, and concussions. Catastrophic injuries are a rare occurrence; however, we feel that our participants should be aware of the possibility. These injuries may include permanent disabilities, spinal injuries and paralysis, stroke, heart attack, and possibly even death.I understand that it is my responsibility to inspect the obstacle course ,the facilities, equipment, and areas which will be used, and if I believe or am aware that any are not safe or pose an unreasonable risks, I agree to immediately notify the appropriate personnel. By participating in the event, I am acknowledging that I have found the course, facilities, equipment, and areas which will be used to be safe and acceptable for participation. I accept full and sole responsibility for the condition and adequacy of my equipment.I understand fully the inherent risks involved in the KRYPTONITE CHALLENGE event and assert that I willingly and voluntarily choose to participate in the event. I have read the preceding paragraphs and acknowledge that 1) I know the nature of the KRYPTONITE CHALLENGE event; 2) I fully understand the demands of this activity relative to my physical condition; and 3) I appreciate the potential impact of the types of injuries that might result from the KRYPTONITE CHALLENGE event. I hereby assert that I knowingly assume all of the inherent risks of the activity and take full responsibility for any and all damages, liabilities, losses, or expenses that I may incur as a result of participating in the KRYPTONITE CHALLENGE event. In short, I completely acknowledge that I am participating in the KRYPTONITE CHALLENGE Event entirely at my own risk.Waiver of Liability for Ordinary Negligence: To the extent permitted by law I agree that under this agreement THE KRYPTONITE CHALLENGE and the other Released Parties shall be excluded from liability for ordinary negligence in the conduct of the KRYPTONITE CHALLENGE event and the application of any of the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law and further KRYPTONITE CHALLENGE and the Released Parties shall be excluded from liability under any civil liability or consumer law applicable to the State in which this event is held subject to the exception that this exclusion of liability will not apply in circumstances where the conduct of THE KRYPTONITE CHALLENGE or its officers, servants or agents is reckless. In consideration of being permitted to participate in the KRYPTONITE CHALLENGE event, to the extent permitted by law, I (on behalf of the Releasing Parties)hereby forever waive, release, covenant not to sue, and discharge THE KRYPTONITE CHALLENGE Aus and the other Released Parties from any and all claims, actions, suits, demands, losses and other liabilities in relation to any of death, physical or mental injury (including the aggravation, acceleration or occurrence of such an injury), the contraction, aggravation or acceleration of a disease or the coming into existence, the aggravation, acceleration or occurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to me or the community or that may result in harm or disadvantage to me or the community resulting from the INHERENT RISKS of the KRYPTONITE CHALLENGE event or the ORDINARY NEGLIGENCE of KRYPTONITE CHALLENGE Aus (or other Released Parties) that I may have arising out of my participation in the KRYPTONITE CHALLENGE event.Indemnification Agreement: To the extent permitted by law, I hereby agree to hold harmless, defend, and indemnify (which for the avoidance of doubt includes defending and paying any judgment, court costs, investigation costs, attorney’s fees, and any other expenses incurred that relate to a breach of this contract) KRYPTONITE CHALLENGE Aus (and the other Released Parties) from any and all claims made by me (or any Releasing Party) arising from death, physical or mental injury (including the aggravation, acceleration or occurrence of such an injury), the contraction, aggravation or acceleration of a disease or the coming into existence, the aggravation, acceleration or occurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to me or the community or that may result in harm or disadvantage to me or the community due to my participation in the KRYPTONITE CHALLENGE event. This applies both to claims arising from the inherent risks of the KRYPTONITE CHALLENGE event or the ordinary negligence of KRYPTONITE CHALLENGE Aus (or any Released Parties).I further agree to hold harmless, defend, and indemnify (which for the avoidance of doubt includes defending and paying any judgment, court costs, investigation costs, attorney’s fees, and any other expenses incurred that relate to a breach of this contract) THE KRYPTONITE CHALLENGE Aus (and the other Released Parties) against any and all claims of co-participants, rescuers, and others arising from my conduct in the course of my participation in the KRYPTONITE CHALLENGE event.Other Agreements Venue and Jurisdiction: I understand that if legal action is brought, the appropriate state or federal trial court for the country of Australia in the State or Territory that the KRYPTONITE CHALLENGE event is held has the sole and exclusive jurisdiction and that only the substantive laws of the State or Territory in which the KRYPTONITE CHALLENGE event is held shall apply.Severability: I understand and agree that this Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the State or Territory in which the KRYPTONITE CHALLENGE event is held and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions. Furthermore, not withstanding anything to the contrary contained within this Agreement, this Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any services pursuant to this Agreement of any provision of any Act of the Commonwealth of Australia or of any State or Territory of the Commonwealth of Australia which by law cannot be excluded, restricted or modified.Integration: I affirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire Agreement between me and THE KRYPTONITE CHALLENGE Aus and cannot be modified or changed in any way by representations or statements by any agent or employee of THE KRYPTONITE CHALLENGE Aus. This Agreement may only be amended by a written document duly executed by all parties.Mediation and Arbitration: In the event of a legal issue, I agree to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation or otherwise unresolved within sixty (60) days of THE KRYPTONITE CHALLENGE Aus being notified by you of such issue, I agree that all disputes, controversies, or claims arising out of my participation in the KRYPTONITE CHALLENGE event shall be submitted to binding arbitration in accordance with the applicable rules of the Australian Centre for International Commercial Arbitration then in effect. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English and the number of arbitrators shall be one (1). The cost of such action shall be shared equally by the parties.Agreements for the Protection of Participants: • I assert that I am in good health and in proper physical condition to safely participate in the KRYPTONITE CHALLENGE event. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the KRYPPTONITE CHALLENGE event, or that would result in my participation creating a risk of danger to myself or to others.• I acknowledge that THE KRYPTONITE CHALLENGE Aus recommends and encourages each client to get medical clearance from his/her personal physician prior to participation.• I assert that I have not been advised or cautioned against participating by a medical practitioner. • I understand that it is my responsibility to continuously monitor my own physical and mental condition during the Course, and I agree to withdraw immediately and to notify appropriate personnel if at any point my continued participation would create a risk of danger to myself or to others.• I attest that I am covered by medical insurance.• In the event of an injury to me that renders me unconscious or incapable of making a medical decision, I authorize appropriate KRYPTONITE CHALLENGE Aus personnel and emergency medical personnel at the event to make emergency medical decisions on my behalf (including, but not limited to CPR and AED).• I authorize KRYPTONITE CHALLENGE Aus to secure emergency medical care or transportation (i.e., EMS) when deemed necessary by KRYPTONITE CHALLENGE Aus.• I agree to assume all costs of emergency medical care and transportation. • I acknowledge that KRYPTONITE CHALLENGE Aus has instituted its rules for the protection of the participant and co-participants. I agree to familiarize myself with those rules and follow them throughout the event. I also recognize the authority of KRYPTONITE CHALLENGE Aus to halt my participation (and, if necessary, have me removed from the premises) if my participation, conduct, or presence endangers myself or my co-participants.FOR EVENTS HELD IN VICTORIA Warning under the Australian Consumer Law and Fair trading Act 2012 (Vic): Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you: • are rendered with due care and skill; and • are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and • might reasonably be expected to achieve any result you have made known to the supplier. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.Acknowledgment of Understanding: I have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that I am accepting the agreement freely and voluntarily, and intend my acceptance to be a complete and unconditional release of all liability due toORDINARY NEGLIGENCE of THE KRYPTONITE CHALLENGE Aus (and other Released Parties) or the INHERENT RISKS of the activity, to the greatest extent allowed by the laws in force of the Commonwealth of Australia or of any State or Territory of the Commonwealth of Australia in which the KRYPTONITE CHALLENGE event is held.PARTICIPANT COURSE RULESEntry and Participation Agreements (Australia)Rules: I agree to become familiar with and abide by all written and/or posted rules of THE KRYPTONITE CHALLENEGE as well as all written and/or posted rules of the Venue. I further agree to comply with all directions, instructions and decisions of KRYPTONITE CHALLENGE Aus and Venue personnel. I further agree not to challenge these rules, directions, instructions, or decisions on any basis at any time.Emergency Delay or Cancellation: I acknowledge that THE KRYPTONITE CHALLENGE Aus at its sole discretion may delay, modify, or cancel the KRYPTONITE CHALLENGE event if conditions or natural or man-made emergencies make administering the event unreasonably difficult or unsafe. I agree that “emergency” is defined to mean any event beyond the control of THE KRYPTONITE CHALLENGE Aus, including but not limited to: high wind, extreme rain or hail, hurricane, tornado, earthquake, flood, acts of terrorism, fire, threatened or actual strike, labour difficulty or work stoppage, insurrection, war, public disaster, and unavoidable casualty. In the event of a delay, modification, or cancellation of the KRYPTONITE CHALLENGE event as described in this paragraph, I understand that I will not be entitled to a refund of my entry fee or any other costs incurred in connection with the KRYPTONITE CHALLENGE event.Govern Participation: I understand that THE KRYPTONITE CHALLENGE Aus has the authority to issue instructions or directions relating to the manner of my safe participation in the Course or Related Activities and the authority to halt my participation in the Course or Related Activities at any time they deem it necessary to protect the safety of participants, spectators, and personnel; and/or promote fairness and the spirit of THE KRYPTONITE CHALLENGE Aus.Removal from Course: I understand that THE KRYPTONITE CHALLENGE Aus and Venue personnel may immediately cause anyone who disobeys any rules, directions, instructions, decisions, or laws, or whose behaviour endangers safety or negatively affects a person, facility, or property of any type or kind, to be removed from the Course. Fee Refunds: I understand that all fees and associated costs (including optional product purchases, spectator tickets, and donations), paid in registration for this THE KRYPTONITE CHALLENGE event are not refundable for any reason under any circumstances, including but not limited to injury, a scheduling conflict, and/or event cancellation. Military: I understand that active duty or deployed military participants may be entitled to a refund on a case-by-case basis upon providing sufficient, official documentation regarding the deployment that conflicts with participating in the event.Attitude and Behaviour: I also agree to exhibit appropriate behaviour at all times; demonstrate respect for all people, equipment, and facilities; and participate with a cooperative and positive attitude.Alcohol & Drugs: I certify that I am not, and on the date of the KRYPTONITE CHALLENGE event will not be, under the influence of alcohol or any drugs that would in any way impair my ability to safely participate in the KRYPTONITE CHALLENGE event. I further, understand that alcohol consumption following the event is discouraged by KRYPTONITE CHALLENGE Aus and take full responsibility for any decision to consume alcohol at that time.Specific Rules: I specifically acknowledge and agree to abide by the following rules: 1) no urination or defecation is permitted outside of designated areas; 2) no wheeled conveyances or pets are allowed in the Course at any time; 3) no clothing, props or equipment that pose an unnecessary risk to participants, spectators or personnel are permitted; and 4) obey civil and criminal laws including traffic laws.Photography: I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during the KRYPTONITE CHALLENGE event by THE KRYPTONITE CHALLENGE Aus, its affiliated entities or contractors, and/or the media become the sole property of THE KRYPTONITE CHALLENGE Aus. I grant the right, permission and authority to KRYPTONITE CHALLENGE Aus and its designees to use my name and any such photographs, motion pictures, recordings, and/or likenesses for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities. I further understand that THE KRYPTONITE CHALLENGE Aus and its designees have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses.Majority Age: I affirm that I have reached majority age. Majority age is 18 in all States.DECLARATION1) I understand that participating in the KRYPTONITE CHALLENGE event is a physically challenging and potentially dangerous activity and involves the risk of serious injury and/or death.2) I assert that I am in good health and in proper physical condition to safely participate in the KRYPTONITE CHALLENGE event. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the KRYPTONITE CHALLENGE event, or that would result in my participation creating a risk of danger to myself or to others I hereby understand and acknowledge that all fees and associated costs (including optional product purchases, spectator tickets, and donations), paid in registrationfor this KRYPTONITE CHALLENGE event are NOT REFUNDABLE FOR ANY REASON, underany circumstances, including but not limited to injury, a scheduling conflict, and/or event cancellation. I also understand that active duty or deployed military participants may be entitled to a refund on a case-by-case basis upon providing sufficient, official documentation regarding the deployment that conflicts with participating in the event.