Note: this is an important document that affects your legal rights and obligations. Please read it carefully and do not sign it unless you are satisfied you understand it.

To: Sentinel Aviation

In consideration of Sentinel Aviation permitting me to participate in the Training Course I the undersigned (for myself, my heirs, executors and administrators) agree in favour of Sentinel Aviation (jointly and severally) as follows:

Liability and indemnity under the Australian Consumer Law

1. Liability

1.1 No exclusion or limitation

(a) To the extent that I acquire goods or services from Sentinel Aviation as a Consumer, I may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.

(b) Nothing in this deed poll operates or is intended to operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, the exclusion, restriction or modification of which would:

(i) contravene that statute; or

(ii) cause any term of this deed poll to be void, (Non-excludable Obligation).

1.2 Exclusion of implied obligations

Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on Sentinel Aviation are expressly excluded.

1.3 Limitation of liability

(a) Except in relation to Non-excludable Obligations, and only to the extent otherwise permitted by law, Sentinel Aviation's liability to me arising directly or indirectly under or in connection with the Training Course or the performance or non-performance of the services to be supplied by Sentinel Aviation howsoever related to the Training Course and whether arising under any indemnity, statute, contract, in tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:

(i) Sentinel Aviation will have no liability to me whatsoever for any loss, harm, damage, cost or expense (including legal fees) in the nature of special, indirect or consequential loss or damage (including, without limitation, economic loss, loss of contract, loss of profit or revenue, loss of opportunity or loss of data);

(ii) Sentinel Aviation will have no liability to me for any loss of, damage to and/or loss of use of any property in my possession or control;

(iii) The aggregate of Sentinel Aviation’s liability to me is limited to an amount not exceeding the proceeds of any insurance claim paid to Sentinel Aviation in respect of the liability.

(b) In relation to the Non-excludable Obligations, except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which Sentinel Aviation’s liability is not so limited under this deed poll),

Sentinel Aviation’s liability to me for a failure to comply with any Non-excludable Obligation is limited to an amount not exceeding the proceeds of any insurance claim paid to Sentinel Aviation in respect of the liability.

(c) Nothing in this deed poll operates or is intended to operate to exclude, restrict or modify any obligation or duty of Sentinel Aviation to any participant in the Training Course who is an employee of Sentinel Aviation including any common law duty of care and any duty or obligation under any law relation to workers’ compensation.

2. Indemnity

(a) To the extent permissible by law, I release Sentinel Aviation from:

(i) all expense, liability, cost, loss, including consequential loss;

(ii) any loss of, damage to and/or loss of use of property; and/or

(iii) any personal injury, mental illness, disease and/or death to the extent caused or contributed to by any pre-existing injury, illness or disease not disclosed by me to Sentinel Aviation;

that I suffer or incur howsoever arising from my participation in the Training Course and/or the provision of services supplied by Sentinel Aviation to me in respect of the Training Course, except to the extent that any of those things arise from the breach of a Non-excludable Obligation under the Consumer Law by Sentinel Aviation or to the extent caused or contributed to by the negligence of Sentinel Aviation or its employees.

(b) To the extent permissible by law, I indemnify Sentinel Aviation for all expense, liability, cost and loss of any kind that Sentinel Aviation is liable for (including liability to a third party and legal costs on a solicitor client basis) to the extent that such expense, liability, cost or loss arises from or is contributed to by any act, error or omission of mine.

3. Medical Treatment

(a) In the event that I suffer any injury, I give permission for Sentinel Aviation to seek appropriate medical attention for me.

(b) I consent to and agree to pay for any medical treatment (including transport by ambulance) which is considered in the reasonable opinion of Sentinel Aviation to be required for me except to the extent that Sentinel Aviation is liable for any such expenses pursuant to any breach of a Non-excludable Obligation.

 

Declaration of fitness and Medical Declaration

1. I declare that I have been advised that participation in the Training Course can involve strenuous physical activity and may increase the health and safety risks to me, in particular if I am suffering from: any medical conditions that may be made worse by physical exertion (e.g. heart disease, asthma, some lung complaints)

2. any medical condition that can result in loss of consciousness (e.g. some forms of epilepsy and some diabetic conditions)

3. asthma that can be brought on by cold water or saltwater mist.

4. I acknowledge that participation in the Training Course involves a heightened risk of injury and will involve strenuous physical activity and stressful situations that may cause mental distress.

5. I have been advised to notify Sentinel Aviation if I have any medical condition.

6. I warrant that I have fully disclosed to Sentinel Aviation all information that may place me at risk during my participation in this Training Course and that I have truthfully and accurately notified Sentinel Aviation of any condition pre-existing that may arise.

Statement of Understanding

1. I acknowledge that I have read and understood the conditions set out in this deed poll and that I am of lawful age and legally competent to give this waiver, release and indemnity.

2. I acknowledge that the conditions set out in this document are contractual in nature, are intended to have legal effect and are not merely a warning or recital.

3. I have signed this document of my own free will and without any representation or inducement by Sentinel Aviation.

4. If any clause or part of any clause of this document is found unenforceable or invalid, then that clause or part of that

clause (as the case may be) shall be severed from this document and the remainder of this document (and any clause

from which a part has been severed) shall, notwithstanding, that severance continue in full legal force and effect.

Definitions

In this Application:

Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) as given effect under Part XI of the Competition and Consumer Act 2010 (Cth), and under the same or similar provisions of the Fair Trading Act 1989 (Qld), Fair Trading Act 1987 (NSW), Australian Consumer Law and Fair Trading Act 2012 (Vic), Fair Trading Act 2010 (WA), Fair Trading Act 1987 (SA), Australian Consumer Law (Tasmania) Act 2010 (Tas), Consumer Affairs and Fair Trading Act (NT) and Fair Trading (Australian Consumer Law) Act 1992 (ACT) as amended or replaced from time to time.

Sentinel Aviation means Sentinel Aviation Commercial Limited ABN 21676203213 trading as Sentinel Aviation (including its directors, employees, agents and independent contractors).

Consumer means a consumer within the meaning of section 3 of the Australian Consumer Law.

Handbook means the Course Information Handbook provided to me in the course of the Training Course.

Training Course means the training course conducted by Sentinel Aviation, details of which are set out in this Application, which may include theoretical and practical components as outlined in the Handbook.

I also acknowledge that the information disclosed in this medical questionnaire, to the best of my knowledge and belief, is true and correct. I have disclosed all known and pre-existing conditions that may affect my ability to participate training.

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Refund and Cancellation Policy

1. Cancellations must be made via email to Sentinel Aviation

2. Cancellations must be made no later than 30 days prior to course start date to receive a full-refund of the booking fee.

3. Cancellations Between 30 days and 14 days from course start date incur 50% forfeit of the booking fee (Booking fee shall be 10% of total course cost).

4. Cancellations less than 14 days from course start date incur 100% forfeit of the booking fee.

5. Sentinel Aviation reserves the right to cancel the Training Course at anytime with a full refund of the booking and course fees. Other expenses will not be covered.

6. Should a cancellation of the course be required either in part, or full, Sentinel Aviation may reschedule training to a future date.