Exact Evolution Terms & Conditions for Participation in Athletic Testing

    Introduction

    By participating in athletic testing conducted by Exact Evolution, you agree to the following terms and conditions. These terms and conditions outline your responsibilities, the extent of Exact Evolution’s liabilities, and how your data and images may be used. Please read them carefully.

    Injury Waiver Agreement

    1. Assumption of Risk

    You acknowledge that participation in athletic testing involves inherent risks, including the risk of physical injury or damage to property. By participating, you voluntarily assume all such risks and agree to communicate any circumstances that are unique to you which may put you at higher risk.

    1. Release of Liability

    To the fullest extent permitted by law, Exact Evolution, its employees, agents and affiliates are held harmless and not liable for any injury, illness, or other physical harm that may result from your participation in the athletic testing. You release and indemnify Exact Evolution from any claims, demands, or causes of action arising out of or related to your participation.

    In accordance with the Civil Liability Act 2002 (WA)

    1. Medical History Disclosure

    You are responsible for providing a complete and accurate medical history to Exact Evolution via filling out a medical questionnaire prior to the participation in any testing. You must inform Exact Evolution of any past injuries, medical conditions, or other health issues that may affect your ability to participate in the testing.

    1. Medical Care

    In the event of an emergency, you authorise Exact Evolution to seek medical care on your behalf. You understand that you are responsible for any medical expenses incurred.

    Data Collection and Release Agreement

    1. Data Collection

    Exact Evolution will collect data related to your athletic performance during testing sessions. This data may include, but is not limited to, physical measurements, performance metrics, and other relevant information.

    1. Use of Data

    Exact Evolution may use your data for internal purposes, including but not limited to analysis, predictions, projections, research, and development of athletic performance programs.

    1. Data Sharing

    Exact Evolution may share and you permit for such sharing of your data with third parties including but not limited to universities, professional sports teams, coaches and industry professionals if it is believed that sharing this data will benefit your athletic career. 

    1. Privacy and Compliance

    Exact Evolution will handle your data in compliance with Australian privacy laws, including the Privacy Act 1988. Your data will be stored securely and only accessible by authorised personnel unless explicit permission is given.

    Photography and Videography Release Agreement

    1. Consent to Photography and Videography

    You grant Exact Evolution permission to take photographs and videos of you during testing sessions. These images and videos may be used for promotional purposes, including on the Exact Evolution website and social media channels.

    1. Usage Rights

    Exact Evolution has the right to use, reproduce, and distribute the images and videos in any media format, whether now known or hereafter developed, for promotional, marketing, and educational purposes.

    1. No Compensation

    You understand that you will not receive any compensation for the use of these images and videos.

    1. Revocation of Consent

    You have the right to revoke this consent at any time by providing written notice to Exact Evolution. Upon receipt of such notice, Exact Evolution will cease any future use of your images and videos but may continue to use those already produced and in circulation/publication.

    This release is in accordance with the Copyright Act 1968 and the Privacy Act 1988.

    Acknowledgment and Agreement

    By participating in athletic testing conducted by Exact Evolution, you acknowledge that you have read and understood these terms and conditions. You agree to the terms outlined in the Injury Waiver Agreement, Data Collection and Release Agreement, and Photography and Videography Release Agreement.

    If you are under 18 years of age, your parent or guardian must also agree to these terms on your behalf.