Last Updated: 01 November 2025 | Version: 1.0

IMPORTANT NOTICE

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE HARLEY PLATFORM OR PARTICIPATING IN ANY ACTIVITIES. THIS IS A LEGAL AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES.

By clicking "I Agree" or by accessing, using, or participating in any activities facilitated through the Harley platform, you acknowledge that you have read, understood, and agree to be bound by this Release Waiver ("Waiver").

1. DEFINITIONS

"Harley", "we", "us", or "our" refers to Harley Studio Pty Ltd (ABN: 24 688 789 184) and its affiliates, directors, officers, employees, agents, contractors, and representatives.

"Platform" refers to the Harley mobile application, website, and all associated services and technologies.

"Activities" refers to any sports events, games, competitions, training sessions, social gatherings, or other physical activities organised, hosted, or facilitated through the Platform.

"Organiser" refers to any individual, club, coach, or entity that creates, hosts, manages, or facilitates Activities through the Platform.

"Participant" or "you" refers to any person who uses the Platform to join, attend, or participate in Activities.

"Venue" refers to any location where Activities take place.

2. NATURE OF HARLEY'S ROLE

2.1 Platform Provider Only

You acknowledge and agree that:

Harley is a technology platform that connects Participants with Organisers and facilitates the organisation and management of Activities
Harley does not organise, supervise, control, or conduct Activities
Harley does not own, operate, or control Venues where Activities take place
Organisers are independent third parties who are solely responsible for the Activities they create and manage
Harley does not employ, supervise, or control Organisers, coaches, or Participants
Harley does not verify the qualifications, credentials, experience, or competence of Organisers or coaches
Harley does not inspect, approve, or guarantee the safety or suitability of Venues
Any relationship, agreement, or transaction between you and an Organiser is directly between you and that Organiser

2.2 No Endorsement

Harley's facilitation of Activities through the Platform does not constitute an endorsement, recommendation, or guarantee of any Organiser, Activity, Venue, or Participant.

3. ACKNOWLEDGEMENT OF RISKS

3.1 Inherent Risks of Physical Activities

You acknowledge and understand that participation in sports and physical Activities involves inherent and significant risks of property damage, personal injury, serious injury, permanent disability, and death. These risks include, but are not limited to:

Physical Injury Risks: Sprains, strains, fractures, dislocations, concussions, head injuries, spinal injuries, torn ligaments or tendons, muscle injuries, bruises, cuts, abrasions, and other bodily injuries
Contact and Collision: Contact with other Participants, equipment, fixed objects, Venue surfaces, or obstacles
Overexertion: Exhaustion, dehydration, heat stroke, heat exhaustion, cardiac events, or other medical emergencies
Equipment Failure: Malfunction or failure of sports equipment, safety equipment, or Venue facilities
Environmental Conditions: Adverse weather conditions, extreme temperatures, poor lighting, uneven surfaces, or hazardous terrain
Negligence of Others: Actions or inactions of other Participants, Organisers, spectators, Venue operators, or third parties
Inadequate Safety Measures: Insufficient safety equipment, inadequate supervision, improper instruction, or lack of emergency procedures
Pre-existing Conditions: Aggravation or exacerbation of pre-existing medical conditions or injuries
Transmission of Illness: Exposure to contagious diseases or infections from other Participants or attendees
Travel Risks: Risks associated with travelling to and from Activities and Venues

3.2 Variable Conditions

You acknowledge that:

Each Activity, Organiser, Venue, and group of Participants presents unique and variable risks
Conditions may change without notice, including weather, Venue conditions, equipment availability, and participant skill levels
Harley cannot predict, control, or eliminate all risks associated with Activities

3.3 Responsibility to Assess Risks

You acknowledge that it is your sole responsibility to:

Evaluate your own physical condition, skill level, and fitness for participation
Assess the suitability and safety of each Activity, Organiser, and Venue
Review Activity descriptions, requirements, and restrictions before registering
Ask questions and seek clarification from Organisers about Activities
Inspect Venues and equipment before participating
Decline to participate in any Activity you deem unsafe or unsuitable

4. ASSUMPTION OF RISK

4.1 Voluntary Participation

You voluntarily choose to participate in Activities with full knowledge and appreciation of the risks involved. Your participation is entirely voluntary, and you may choose not to participate at any time.

4.2 Assumption of All Risks

You expressly assume all risks associated with your participation in Activities, whether those risks are known or unknown, foreseen or unforeseen, and regardless of whether they result from:

The inherent dangers of the Activities
The negligence or breach of duty of Harley, Organisers, other Participants, Venue operators, or any other party
Equipment failure, defects, or malfunction
Venue conditions or hazards
Inadequate safety measures, supervision, or instruction
Your own actions or inactions
Any other cause whatsoever

4.3 Personal Responsibility

You accept full and sole responsibility for:

Your own safety and wellbeing during Activities
Ensuring you have adequate physical fitness, skill, and medical clearance to participate
Using appropriate safety equipment and following safety guidelines
Following the instructions and rules established by Organisers
Behaving in a safe and responsible manner that does not endanger yourself or others
Obtaining appropriate insurance coverage for your participation

5. RELEASE AND WAIVER OF LIABILITY

5.1 Release of Harley

To the fullest extent permitted by law, you hereby release, waive, discharge, and covenant not to sue Harley, its affiliates, parent companies, subsidiaries, and their respective directors, officers, employees, agents, contractors, insurers, and representatives (collectively, the "Harley Parties") from any and all liability, claims, demands, actions, causes of action, costs, and expenses of any nature whatsoever, whether in law or equity, whether known or unknown, arising out of or in any way connected with your use of the Platform or participation in Activities, including but not limited to:

Personal injury, bodily injury, illness, death, or property damage
Emotional distress, mental anguish, or psychological injury
Loss of enjoyment or loss of opportunity
Economic loss or financial damages
Any claim arising from the negligence, breach of contract, or breach of duty of the Harley Parties, except where liability cannot be excluded by law

5.2 Release of Organisers and Other Parties

You also release, waive, and discharge:

Organisers, clubs, coaches, and their respective officers, employees, volunteers, and agents
Other Participants in Activities
Venue owners, operators, and their employees and agents
Event sponsors, equipment suppliers, and vendors
All other persons or entities involved in Activities

from all liability for injuries, damages, or losses arising from your participation in Activities, to the fullest extent permitted by law.

5.3 Scope of Release

This release applies to claims based on:

Negligence, breach of contract, breach of duty, or breach of statutory obligations
Strict liability or liability without fault
Any other legal theory of liability

whether the injury, damage, or loss was foreseeable or unforeseeable, and whether it occurred before, during, or after Activities.

6. INDEMNIFICATION

6.1 Indemnity Obligation

You agree to indemnify, defend, and hold harmless the Harley Parties and all other released parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and costs) arising out of or related to:

Your use of the Platform or participation in Activities
Your breach of this Waiver or violation of any law or regulation
Your negligence, wilful misconduct, or wrongful acts
Any injury, damage, or loss you cause to any third party
Any claim brought by third parties arising from your conduct or participation

6.2 Defence and Settlement

You agree to cooperate fully in the defence of any claim and shall not settle any claim without Harley's prior written consent.

7. MEDICAL AND HEALTH MATTERS

7.1 Medical Fitness Declaration

You represent and warrant that:

You are in good physical and mental health
You have no medical condition, disability, injury, or impairment that would prevent safe participation in Activities or that would be aggravated by participation
You have consulted with a qualified medical practitioner regarding your fitness to participate
You are not under the influence of alcohol, drugs, or any substance that would impair your ability to participate safely

7.2 Disclosure Obligation

You agree to:

Disclose to Organisers any medical conditions, injuries, disabilities, or limitations that may affect your participation
Inform Organisers of any changes to your health status
Comply with any medical requirements or restrictions imposed by Organisers

7.3 Medical Treatment Authorisation

In the event of injury or medical emergency, you authorise Harley Parties, Organisers, or their representatives to:

Seek emergency medical treatment on your behalf
Transport you to a medical facility
Consent to medical treatment or procedures deemed necessary by qualified medical personnel
Share relevant medical information with emergency responders and medical providers

7.4 Medical Expenses

You acknowledge and agree that:

You are solely responsible for all medical expenses, costs, and charges arising from injuries or illnesses
Neither Harley nor Organisers are responsible for providing or paying for medical treatment or insurance
You should maintain adequate health and accident insurance coverage

8. CONDUCT AND COMPLIANCE

8.1 Rules and Instructions

You agree to:

Comply with all rules, regulations, policies, and instructions established by Harley, Organisers, and Venue operators
Follow all safety guidelines and use required safety equipment
Respect the rights, safety, and dignity of other Participants
Refrain from aggressive, abusive, threatening, or dangerous behaviour
Report any unsafe conditions, equipment, or behaviour to Organisers immediately

8.2 Prohibited Conduct

You shall not:

Participate while under the influence of alcohol, drugs, or other impairing substances
Engage in conduct that endangers yourself or others
Use defective, damaged, or unsuitable equipment
Participate in Activities beyond your skill level or physical capability
Violate any applicable laws or regulations

8.3 Consequences of Violation

Violation of this Section may result in:

Immediate removal from Activities
Suspension or termination of your Platform access
Liability for any injuries, damages, or losses caused by your conduct

9. INSURANCE

9.1 Personal Insurance

You acknowledge that:

Neither Harley nor Organisers are required to provide insurance coverage for Participants
You are strongly encouraged to obtain and maintain adequate personal health, accident, disability, and liability insurance
You should review your insurance policies to ensure coverage for sports and recreational activities

9.2 No Insurance Representation

Harley makes no representation regarding the adequacy, availability, or scope of any insurance coverage maintained by Organisers, Venues, or other parties.

10. MINORS

10.1 Parental/Guardian Consent

If you are under 18 years of age, your parent or legal guardian must review and agree to this Waiver on your behalf before you may use the Platform or participate in Activities.

10.2 Parent/Guardian Representations

The parent or legal guardian represents and warrants that:

They have legal authority to bind the minor to this Waiver
They have fully explained the nature, risks, and terms of this Waiver to the minor
They consent to the minor's participation in Activities
They agree to supervise the minor's use of the Platform and participation in Activities
They agree to be bound by this Waiver and assume all obligations, releases, and indemnities on behalf of the minor

10.3 Parent/Guardian Release

The parent or legal guardian, on their own behalf and on behalf of the minor, releases, waives, and indemnifies all parties as set forth in this Waiver.

11. PHOTOGRAPHIC RELEASE

11.1 Image and Likeness

You grant Harley, Organisers, and their authorised representatives the irrevocable right and permission to:

Photograph, film, or record you during Activities
Use, reproduce, publish, and distribute your image, likeness, voice, and name
Use such materials for promotional, marketing, educational, or operational purposes
Distribute such materials through any media, including the Platform, websites, social media, and print materials

11.2 No Compensation

You waive any right to compensation, royalties, or other payment for such use.

11.3 Opt-Out

If you object to being photographed or recorded, you must notify the Organiser in writing before participating in Activities.

12. LIMITATION OF LIABILITY

12.1 Statutory Limitations

Nothing in this Waiver excludes, restricts, or modifies any guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be lawfully excluded, restricted, or modified.

12.2 Permitted Limitations

Subject to Section 12.1, and to the fullest extent permitted by law:

Harley's total liability to you for any claim arising from or related to the Platform or Activities shall not exceed the total fees (if any) paid by you to Harley in the 12 months preceding the claim
Harley shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, loss of business opportunity, or reputational harm
The limitations in this Section apply regardless of the legal theory of liability (contract, tort, negligence, strict liability, or otherwise) and whether Harley was advised of the possibility of such damages

12.3 Allocation of Risk

You acknowledge that this Section reflects a reasonable allocation of risk between you and Harley, and that Harley would not provide the Platform without these limitations.

13. DISPUTES AND GOVERNING LAW

13.1 Governing Law

This Waiver shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law principles.

13.2 Jurisdiction

You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia, and any courts entitled to hear appeals from those courts, for the determination of any dispute arising from or related to this Waiver.

13.3 Global Application

While this Waiver is governed by Victorian law, it is intended to be enforceable worldwide. If you participate in Activities outside of Australia, you agree that this Waiver governs your participation, and you consent to the jurisdiction and governing law provisions set forth herein.

13.4 Dispute Resolution

Before commencing legal proceedings, you agree to:

Step 1: Good Faith Negotiation (30 days) - Contact us describing the dispute and attempt resolution through direct communication
Step 2: Mediation - If negotiation fails, either party may request mediation with costs shared equally
Step 3: Formal Proceedings - If mediation fails, either party may commence formal proceedings subject to jurisdiction provisions above

Nothing in this Section prevents either party from seeking urgent injunctive or equitable relief.

14. ELECTRONIC SIGNATURES AND COMMUNICATIONS

14.1 Electronic Signature Validity

You agree that:

Your electronic acceptance of this Waiver (by clicking "I Agree", checking a box, or using the Platform) constitutes a legally valid and binding signature
Electronic signatures have the same legal force and effect as handwritten signatures
This Waiver may be executed, delivered, and stored electronically
Electronic records and signatures satisfy any requirement that agreements be in writing or signed in writing

14.2 Legal Recognition

Both parties agree and are obligated to recognise electronic or digital signatures as legally valid and enforceable in accordance with:

The Electronic Transactions Act 1999 (Cth) and Electronic Transactions (Victoria) Act 2000
Any other applicable electronic transactions laws in jurisdictions where this Waiver is enforced
International standards for electronic signatures and transactions

14.3 Electronic Communications

You consent to receive all communications, agreements, notices, disclosures, and other information from Harley electronically, including via the Platform, email, or other digital means.

15. GENERAL PROVISIONS

15.1 Entire Agreement

This Waiver, together with Harley's Terms of Service, Privacy Policy, Community Standards, and Payment Policy, constitutes the entire agreement between you and Harley regarding the subject matter herein and supersedes all prior agreements, understandings, and communications.

15.2 Amendment

Harley may amend this Waiver at any time by posting the revised version on the Platform. Your continued use of the Platform after such changes constitutes acceptance of the amended Waiver. Material changes will be communicated to you via email or Platform notification at least 30 days in advance.

15.3 Severability

If any provision of this Waiver is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

15.4 Waiver

No waiver of any provision of this Waiver shall be deemed or constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. Harley's failure to enforce any right or provision shall not constitute a waiver of such right or provision.

15.5 Assignment

You may not assign, transfer, or delegate your rights or obligations under this Waiver without Harley's prior written consent. Harley may assign this Waiver without restriction. Any attempted assignment in violation of this Section is void.

15.6 Third-Party Beneficiaries

The released parties identified in Sections 5.1 and 5.2 are intended third-party beneficiaries of this Waiver and may enforce its provisions directly.

15.7 Survival

Sections 5 (Release), 6 (Indemnification), 12 (Limitation of Liability), 13 (Disputes), and 15 (General Provisions) shall survive termination of this Waiver.

15.8 Interpretation

Headings are for convenience only and do not affect interpretation
"Including" means "including without limitation"
Singular includes plural and vice versa
References to "writing" include electronic communications

15.9 Language

This Waiver is drafted in English. If translated into other languages, the English version shall prevail in case of conflict.

15.10 Independent Legal Advice

You acknowledge that:

You have had sufficient time to review this Waiver
You have been advised to seek independent legal advice before agreeing
You understand the legal consequences of this Waiver
You are entering into this Waiver voluntarily and without duress

16. ACKNOWLEDGEMENT OF UNDERSTANDING

By clicking "I Agree" or by using the Platform or participating in Activities, you acknowledge that:

You have carefully read this entire Waiver
You fully understand its terms, conditions, and legal consequences
You understand that you are giving up substantial legal rights, including the right to sue
You are signing this Waiver voluntarily, without duress or coercion
You intend for this Waiver to be legally binding on you, your heirs, executors, administrators, and assigns
If you are a parent or guardian signing on behalf of a minor, you understand you are binding both yourself and the minor to this Waiver
No oral representations, statements, or inducements have been made apart from this written Waiver
This Waiver applies to all your future use of the Platform and participation in Activities until you receive written notice of termination or amendment

17. CONTACT INFORMATION

For questions, concerns, or notices regarding this Waiver:

Legal Inquiries Email: legal@harleymeets.com For: Legal matters, partnerships, contracts

General Support Email: support@harleymeets.com For: Technical issues, account questions

Privacy Matters Email: privacy@harleymeets.com For: Privacy inquiries, data requests, complaints

Postal Address Harley Studio Pty Ltd (ABN 24 688 789 184) 8B Theresa Street, Sunshine North, VIC 3020, Australia

Response Times:

General support: 5 business days
Urgent matters: 2 business days
Legal inquiries: 5 business days

ACCEPTANCE

By using the Harley Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, Cookie Policy, Community Standards, Payment Policy, Cancellation and Refund Policy, and where applicable, our Release Waiver.

This Release Waiver is effective as of the Last Updated date shown above and applies to all users of the Harley Platform.