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LIABILITY WAIVER

You hereby waive and release, indemnify, hold harmless and forever discharge us and our agents,
employees, officers, directors, affiliates, successors and assigns, coaches, teachers and trustees of
and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits,
damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I
ever had or may have, arising from or in any way related to my participation in any of the events or
activities conducted by, on the premises, of, or for your benefit provided that this waive of liability
does not apply to any acts of gross negligence, or intentional, wilful or wanton misconduct.

You understand that the activities, in which you will participate, are inherently dangerous and may
cause serious or grievous injuries, including bodily injury, damage to personal property and/or
death. You and your heirs, assigns, administrators, executors and next of kin, waive all claims of
damage, injuries and death sustained to you or your property, that you may have against us to such
activities, including claims in tort, contract, equity or otherwise.

You acknowledge, agree, and represent that I understand the nature of Our Services and you
represent that you are in good health and in proper physical condition to participate in Our Services.

By this waiver, you agree that you assume any risk, and take full responsibility and waive and of
personal injury; death, damage, or loss of personal property, associated with Our Services.

The provision of this waiver and release will continue in full force and effect even after the
termination of the activities conducted by, on the premises of, or for your benefit of whether by
agreement, by operation of law, or otherwise.

You have read, understood and fully agree to the term of this waiver and release. You understand
and confirm that by participating in Our Services you have given up considerable future legal rights.

DISCLAIMER OF WARRANTIES

No representation or warranty (express or implied) is made as to the currency, completeness,


accuracy, reliability, suitability, and/or availability of Our Information or Our Services. In no way are
we liable for loss or damage or theft of any personal items.

Our Services are provided on an “as is” and “as available” basis. We disclaim any warranties, express,
implied or statutory, that may be expressed or implied by law regarding our Services, including
warranties of accuracy, merchantability, fitness for a particular purpose, or non-infringement. You
understand and agree that you use our Services at your own discretion and risk and that you will be
solely responsible for any loss or damages (including personal injury or death) that results from the
use of our Services including any claim, liability, loss or damage arising out of the consumption of
alcohol.

To the maximum extent permitted by law, Bionik Wellness expressly disclaims all liability (including
for negligence) for any loss, damage, injury, expense or costs incurred by you arising out of
accessing, downloading, using Our Services including attending a Treatment or relying on any of Our
Information.

In no event will we be liable for any indirect, punitive, special, incidental or consequential damage
(including loss of business, revenue, profits, use, privacy, data, goodwill or other economic
advantage) however it arises, whether for breach of contract or in tort, even if you have been
previously advised of the possibility of such damage.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the
amounts paid by you to us.

As a condition of your access to and use of Our Website and/or attendance to a Treatment, you
agree to indemnify us and our successors and assigns for all damages, costs, expenses and other
liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or
related to:

· your access to and use of Our Website, Our Services and Our Information; and

· your violation of these Terms of Use and any applicable law or the rights of another person or
party.

RELEASE

In the event that you have any claim or action against any other member arising from that member’s
use of our Website or the Service, you agree to pursue such claim or action independent of and
without any demands from us, and you release us from all claims, liability and damages arising from
or in any way connected to the claim or action. In the event that a claim or action is brought against
us from your activities or use of the Website or the Services, including any breach by you of these
Terms or any charges or complaints made by the other parties against you, you agree to pay, hold
harmless and defend us in the claim or action. You also agree to cooperate fully as reasonably
required in the defence of any claim and allow us to assume the exclusive defence and control of the
matter at our sole discretion.

DISCLAIMER

In consideration of Bionik Wellness allowing you to participate in the services, you acknowledge,
understand and are aware that:

By accepting this document, you will waive certain legal rights, including the right to initiate legal
proceedings and claim compensation. You are expressly advised and you acknowledge that the
services we offer carry risks including risk of personal injury. You agree to participate at your own
risk.

In this Agreement, our services includes but is not limited to oxygen & hydrogen therapy, red light
therapy, percussive massage therapy, infrared sauna, smart lux, hot and cold compression therapy,
EMSCULPT and body toning and any other service undertaken by a third party service provider
provided to the participant by Bionik Wellness or on behalf of Bionik Wellness; and injury means all
forms of physical, mental and emotional injury in any way related to these services including but not
limited to breaks, strains, lacerations, dislocations, exercise-induced rhabdomyolysis, heart failure,
concussion, heat illness, dehydration, trauma, anxiety, fears, and death.

You have voluntarily chosen to participate in the services provided by Bionik Wellness. You
understand that such services can enhance the recovery process. However, you also understand that
there are inherent risks in participating in these services. I have been informed of the how the
services are provided and their desired effect and the potential for unusual, but possible,
physiological results including but not limited to injury. You have been advised to access the services
in such a way as to minimise the risks of injury. You willingly assume full responsibility for the risks
that I am exposing myself to and accept full responsibility for any injury that may result from
participation in the services provided by Bionik Wellness.

You understand that participation in the services is entirely voluntary, and that you are not obligated
to participate in any activity that you do not wish to do, and that it is your right to refuse such
participation at any time or to end participation in a service at any time. You understand that should
you feel light-headed, faint, dizzy, nauseated, or experience any pain or discomfort, you are to stop
the service and inform Bionik Wellness as soon as possible. You agree to notify Bionik Wellness of
any pre-existing medical condition you may have prior to the start of services.

You give Bionik Wellness permission and authority to seek emergency medical services should you
become injured with the understanding that you are responsible for any expenses incurred.

You agree to waive any and all claims that you have or may have in the future against Bionik
Wellness, future directors, officers, employees, agents, volunteers, and independent contractors, all
of whom are collectively referred to as the Releasees. You agree to release the Releasees from any
and all liability for any loss, damage, injury or expense that you may suffer or incur, or that your next
of kin may suffer or incur, as a result of your participation in services provided by Bionik Wellness
due to any cause whatsoever including negligence, breach of contract, or breach of any statutory or
other duty of case. You agree to hold harmless and indemnify the Releasees from any and all
liabilities for any damage to the property of, or personal injury to, any third party, resulting from my
participation in the services provided by the Releases. Australian law implies certain consumer
guarantees. Those guarantees are not affected by this release.

This Agreement shall be binding upon you, your successors, representatives, executors, assigns or
transferees. If any portion of this Agreement is held invalid, the remainder of the Agreement shall
remain in full legal force and effect.

Full name

____________________________________________

Signature

___________________________________________

Date

__/__/_____

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