TERMS AND CONDITIONS

OVERVIEW

LLDB PTY. LTD. T/A OUR SECRET SPOT (ACN 167 397 168) operates this website. Throughout the site, the terms “we”, “us” and “our” refer to “LLDB PTY. LTD. T/A OUR SECRET SPOT”. These terms and conditions are between us and “you”, the person visiting our website or purchasing products from us.

 

Our Disclosures:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

• Our liability under these terms is limited as set out in section 17.
• We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on our website or for featuring certain products or services on the website.
• When you accept these Terms, we may make a pre-authorisation holding over your credit card.
• If you lose your locker key, we will deduct the $50 key replacement fee from your pre-authorised card.

 

Nothing in these terms limit your rights under the Australian Consumer Law.

 

OUR SECRET SPOT offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least 18 years of age.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 – ACCOUNTS

 

You may purchase products through an account with us and we may allow you to register for an account using a social media account.

 

If you log in through your social media account, you authorise us to access certain basic information in accordance with your privacy settings within your social media account.

 

You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

 

It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

 

SECTION 3- ORDERS

You may order products from us as set out on the website. If you place an order for products, you are making an order to purchase the product(s) for the price listed on the site (including the delivery fees or other applicable charges and taxes).

 

We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.

 

It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the site. Any delivery periods displayed on the site are estimates only, based on the information provided by the delivery company. Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

 

All purchases made through the site are subject to availability. We do our best to keep products in stock and to keep the site up to date with the availability of products.

 

We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

 

SECTION 4 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 5 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 6 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the site (the “Price”). All amounts are stated in Australian dollars and Australian GST (where applicable) will be set out separately.  You must pay any customs duties or taxes charged on the price.

 

You must pay the Price upfront using one of the methods set out on the site.

 

You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

 

The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

 

We may from time to time issue promotional discount codes for certain products on the site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.

 

The conditions of use relating to promotional discount codes will be set out on the site. We may also from time to time run competitions on the site or on social media. These competitions are subject to terms and conditions which will be made available on the site at the time of the competition.

 

SECTION 7- AUSTRALIAN CONSUMER LAW

Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

 

Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.

 

Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

 

 

SECTION 8 – PRODUCTS OR SERVICES (If Applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We do not accept returns for change of mind or other circumstances. However, you may have rights to a repair, replacement or refund under the Australian Consumer Law.

 

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Returns Policy.

 

SECTION 10 – TICKETING & RETURN POLICY

A ‘Couples’ ticket is for the sale of two people – one male and one female. A ‘Single Female’ ticket is for a female. A ‘Single Male’ ticket is for a male.

 

Request for refunds or credit on ticket purchases will be approved, provided you contact the venue more than 24 hours before the event start time. Refunds will be paid via our online ticket system minus the merchant facilities booking fee (variable).

 

The option for credit will only be available if you give notice to the venue between 24 hours to two hours before the event start time.

 

If notice is given within two hours of the event’s start time, neither a refund nor credit will be approved.

 

Neither a refund nor credit will be provided if the attendee does not meet the venue’s dress code standards. Information on dress is listed on our FAQ page.

 

Neither a refund nor credit will be provided if the attendee/s arrive at the venue showing visible signs of intoxication.

 

Neither a refund nor credit will be provided if the attendee/s are asked to leave the venue due to behavioural issues. Behavioural issues include but are not limited to, violent or aggressive behaviour, intoxication, not following reasonable directions from the staff, and disruptive or non-consensual impositions on other guests.

 

Single male tickets purchased without approval from Our Secret Spot via the Single Male Application Form will result in a cancelled ticket and refund, minus a $50 administration fee.

 

SECTION 11- RULES AND ETTIQUETTE

As part of attending events at our venue, you will need to read and accept our Rules and Etiquette Form. These rules set out the standard of behaviour that we expect of attendees. If you do not comply with these rules we may, acting reasonably, remove you from the premises.

 

You shall be fully responsible and liable for any damage willfully caused to our property, fixtures, fittings and equipment. Smoking and vaping are strictly prohibited anywhere on our premises. This includes, but is not limited to, any damage resulting from you smoking or vaping.

 

In the event that you willfully cause damage or set off the fire alarm system, whether by smoking, vaping or any other means, you agree to reimburse us for all costs reasonably incurred in repairing such damage and/or responding to the false fire alarm. This may include fees charged by the fire brigade for attending a false alarm.

 

You will be supplied with a locker key when you attend the premises. To cover the costs if you lose this locker key, when you make payment in accordance with these Terms of Services we may require you to provide a debit or credit card pre-authorisation.

 

You agree that the pre-authorisation will be used to settle the $50 payable by you for lost locker keys (Pre-authorised Amount). The Pre-authorised Amount will be set aside by your card issuer for a period of up to 14 days, which may affect your available balance or spending limit. For more information, please contact your card issuer. If you lose your locker key and it is not found or returned before you leave our venue, we will deduct the Pre-authorised Amount.

 

SECTION 12 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 13 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 14 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 15 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 16 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 17 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 18 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall OUR SECRET SPOT, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 19 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 20 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of OUR SECRET SPOT – Address: 191 Parramatta Road, Annandale, NSW 2038, Australia.

 

SECTION 22 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 23 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]

LIABILITY WAIVER

GENERAL WAIVER, INDEMNITY AND LIMITATION OF LIABILITY

– OUR SECRET SPOT –

 

PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A LEGALLY BINDING DOCUMENT. IT AFFECTS YOUR LEGAL RIGHTS AND CONTAINS RELEASES OF LIABILITY AND A WAIVER OF YOUR LEGAL RIGHTS.

 

In consideration of us providing the Activities, this Waiver of Liability (Waiver) is made by the individual undertaking the Activities (Participant, you or your), with LLDB PTY. LTD. T/A Our Secret Spot (ABN 65 167 397 168) (we, us or our). For the purposes of this Waiver, Activities means any equipment usage and physical or verbal interactions with other guests and Service means event or party within 191 Parramatta Road, Annandale NSW 2038.

 

Participant	Name:
	Address:

 

 

1. The Participant acknowledges and agrees that:

 

1. they have read and understood the risks of the Activity and they voluntarily agree to assume those risks when they participate in the Activity and engage in the Service;

 

1. the Activity is being undertaken for the purposes of recreation, enjoyment or leisure, which involves obvious and inherent risks to the Participant or people in their care or control, as well as a significant degree of physical risk, including but not limited to the risk of personal injury, contracting medical conditions, health issues and or even death. The risks include but are not limited to:

 

• Overexertion
• Actions of other guests
• Equipment failure
• Sexual contact with other guests
• Failure to follow staff directions

 

1. they are undertaking the Activity/ Service freely, voluntarily and at their own risk with full appreciation of the nature and the extent of all risks and requirements involved;

 

1. prior to participating in the Activity/ Service the risks and requirements have either been explained to them orally or they have been provided to them in writing;

 

1. they fully understand the risks and requirements for the Activity/ Service;

 

f.in the event they or any person in their care or control find themselves in difficulty, they are to stop the Activity/ Service or request that it is stopped (as the case may be) and seek assistance.

 

1. prior to signing this Agreement, they informed the Provider of any pre-existing medical conditions, heath issues, sex records or injuries which might affect their ability to participate safely in the Activity;

 

1. if they develop any medical conditions, physical health issues or injuries during the Activity or preparing for the Activity/ Service, they must inform the Provider immediately;

 

i.at the time of signing this Agreement and during participation in the Activity/ Service, the Participant will not be under the influence of or affected to any extent by medication and drugs (whether legal or illegal);

 

1. they must not consume any medications or drugs (whether legal or illegal) while participating in the Activity;

 

1. if they are consuming medication which are prescribed by medical practitioner then they must inform the Provider immediately;

 

1. they must comply with any signs, instructions or directions relating to the Activity/ Service;

 

1. the Provider has an unfettered right to end the Participant’s involvement in the Activity or to refuse to allow the Participant to participate in the Activity and engage in any Services if the Provider considers in its absolute discretion that the Participant has or may act in a way which is unsafe or reckless.

 

2. The Participant warrants that they have the physical and mental capacity required to safely participate in the Activity/Service. If the Participant becomes aware of any medical, physical or psychological condition that may affect their ability to safely participate, they must immediately stop participating and inform the Provider. The Participant warrants they know of no medical reason why they cannot participate in the Activity/Service.

 

3. To the maximum extent permitted by law, the Participant waives and releases the Provider and its Associates from any liability for any loss, damage, expense or injury that the Participant may suffer as a result of their participation in the Activity. The Participant agrees not to bring any claim or proceeding against the Provider or its Associates for any such loss, damage, expense or injury.

 

 

4. This Agreement may be pleaded as a bar by the Provider and its Associates to any action, suit, proceeding, claim, liability, demand, costs, losses, damages and expenses made by the Participant or anyone including any agent or representative claiming by, through or under the Participant howsoever arising out of or in connection with the Participant participating in the Activity and or engaging in the Services.

 

 

5. Certain legislation, including the Competition and Consumer Act 2010 (Cth) and the Fair-Trading Acts of New South Wales, may imply or impose warranties or terms into any agreement between the Provider and the Participant, which cannot be excluded restricted or modified except to a limited extent.

 

To the extent allowed any such legislation or otherwise at law, the Provider and its Associates limit their liability to, at the Provider’s sole discretion, supplying the services again, or the payment of the cost of having the services supplied again.

 

 

6. All of the clauses in this Agreement are to be construed individually and should any one of these clauses or parts thereof become invalid or unenforceable or be otherwise severed from this Agreement, the remaining clauses shall remain valid and enforceable and such clauses will be determinative of the liability of the Participant, the Provider and its Associates (except to the extent any statute may provide otherwise)relating to the Participant’s participation in the Activity.

 

7. This Waiver is governed by the laws of New South Wales. The parties submit to the exclusive jurisdiction of the courts of New South Wales.

 

8.In this Agreement: ‘Associates’ means any associated or related entity of the Provider, or any employee, servant, agent, director, volunteer, or officer of the Provider or an associated or related entity of the Provider.

 

9. Any notice to the Provider under this Agreement must be in writing and sent to:

LLDB PTY. LTD. T/A Our Secret Spot (ABN 65 167 397 168)

Email: [email protected]

 

DECLARATION AND SIGNATURE

By signing this Waiver, the Participant acknowledges that:

 

10. they are bound by the above terms;

 

11. participation in the Activity/ Services may cause them to suffer personal injury, risk of contracting medical condition or health issues and can cause death;

 

12. they understand that they waive their right to sue the Provider for losses that result from participation in the Activity or engaging in Services.