Wavier

PARTICIPANT RISK ACKNOWLEDGMENT & WAIVER

By Solene Pty Ltd ACN 700 415 069 trading as by Solene

This Waiver applies to any day retreat, experience, excursion, activity or event in which I participate that is organised, arranged or supplied by by Solene (“Experience”).

It should be read together with the Booking Terms & Conditions available at www.bysolene.com.au or on request.

IMPORTANT — PARTICIPATION INVOLVES RISK

I understand that Experiences may include activities such as:

• hiking, bushwalking and walking on natural or uneven terrain;

• yoga, stretching, movement, fitness and other physical activities;

• outdoor and nature-based activities;

• swimming or water-based activities where offered;

• art, clay, craft or creative workshops;

• use of tools, equipment and materials;

• food, hospitality and wellness experiences;

• travel as a passenger in vehicles operated by third-party providers; and

• other leisure, recreational or retreat activities reasonably associated with the Experience.

I understand that the activities offered will vary between Experiences and I may choose whether to participate in individual activities unless participation is reasonably necessary for the Experience.

RISKS

I acknowledge that participation may expose me to risks including:

• slips, trips and falls;

• uneven, steep, wet, loose or unstable surfaces;

• rocks, tree roots, stairs and natural obstacles;

• physical exertion, fatigue and overexertion;

• heat, cold, sun exposure, dehydration and changing weather;

• insects, wildlife, plants and other natural hazards;

• aggravation of an existing injury or medical condition;

• remoteness from immediate medical assistance;

• interaction with roads, vehicles and members of the public;

• use of tools, equipment, clay, paints, glazes and other workshop materials;

• cuts, burns, allergic reactions or other injury associated with workshop activities;

• acts or omissions of other participants or third parties; and

• other inherent or obvious risks normally associated with the activity being undertaken.

I understand that serious injury is possible and that some recreational activities may, in extreme circumstances, involve a risk of death.

MY ACKNOWLEDGMENT

I voluntarily choose to participate.

I acknowledge that not every risk associated with physical, outdoor, recreational or creative activities can be eliminated.

I will:

• take reasonable care for my own safety;

• participate within my own ability;

• follow reasonable instructions given by the Operator, guides, instructors and third-party providers;

• use equipment as instructed; and

• advise the Operator of any medical condition, injury, allergy or other circumstance that is reasonably relevant to my safe participation.

I will not knowingly participate in an activity that is beyond my physical capability or where I reasonably believe it would be unsafe for me to do so.

ASSUMPTION OF RISK

To the maximum extent permitted by law, I voluntarily accept the inherent and obvious risks associated with the activities in which I choose to participate.

RECREATIONAL SERVICES WAIVER

To the extent that any activity or service supplied by by Solene constitutes recreational services within the meaning of section 139A of the Competition and Consumer Act 2010 (Cth), I agree that, to the maximum extent permitted by that section, the statutory consumer guarantees applicable to those Recreational Services are excluded, restricted or modified in relation to liability for:

• death;

• physical or mental injury, including the aggravation, acceleration or recurrence of injury;

• the contraction, aggravation or acceleration of disease; and

• another condition, occurrence or circumstance of the kind contemplated by section 139A which is or may be harmful or disadvantageous to me.

This exclusion does not apply where liability cannot lawfully be excluded, including significant personal injury caused by reckless conduct within the meaning of section 139A.

Nothing in this Waiver excludes, restricts or modifies any right or remedy that cannot lawfully be excluded.

THIRD-PARTY PROVIDERS

I understand that some components of an Experience may be provided by independent third parties, including transport operators, guides, instructors, venues, workshop facilitators and other activity providers.

I agree to comply with their reasonable safety instructions and any separate conditions applying to their services.

Nothing in this Waiver excludes liability that By Solene or a third-party provider is legally required to bear.

EMERGENCY ASSISTANCE

If I become ill or injured and am unable to make decisions for myself, I authorise any representative of by Solene to arrange reasonable first aid, ambulance transportation or emergency medical assistance where reasonably necessary.

Unless the Operator is legally responsible for those costs, I accept responsibility for third-party ambulance, medical or evacuation expenses incurred on my behalf.

PARTICIPANT DECLARATION

By signing below, I confirm that:

• I have read and understood this Waiver;

• I understand that the activities undertaken as part of an Experience may involve risk of injury;

• I voluntarily choose to participate;

• I understand that this Waiver may affect my legal rights;

• I agree to participate within my own capabilities and follow reasonable safety instructions; and

• I have had the opportunity to review the Booking Terms & Conditions applying to my booking.

Participant Name: ______________________________________

Emergency Contact Name: ________________________________

Emergency Contact Number: ______________________________

Signature: ______________________________________________