Terms & Conditions – Product Trial Waiver and Release

Good Day Co. Pty Ltd ACN 639 178 537 (“the Company”)

For the purposes of this Waiver and Release, “Participation”/”Participate/Participating” means my participation in a trial of Company Products.

  • Definitions
    “the Company” includes its officers, directors, shareholders, agents, employees, contractors and sub-contractors.
    “the Products” means the concentrated bar and bottle
    “Trial Period” means the period of six months commencing on 1 July unless terminated earlier by 2 business days’ notice in writing from the Company to you.
  • I agree to test and evaluate the Products during the Trial Period.
  • I agree that during the Trial Period, I am permitted to use the Product and that I am responsible for limiting my use of the Product to purposes for which the Product was designed.
  • At the end of the Trial Period, I agree that, if required by the Company, I must return any unused Product to the Company.
  • I acknowledge and agree that:
    • the Company will ask me to provide feedback on the Product’s performance within a specified timeframe and I agree to provide the appropriate feedback within the allocated timeframe.
    • my feedback will be in the form of responses to questions and can include photos or video. I understand that I may also be photographed or videoed by the Company during the Participation.
    • the Company may use my photograph, video or film likeness and my feedback, without recompense or payment to me, for the purposes of subsequent Product development and Product promotion.
    • by providing feedback, I represent to the Company that such feedback reflects my good-faith opinion of the Product.
    • I will receive no compensation for Participating in the trial of the Products.
  • I fully understand, acknowledge and accept that:
    • my Participation has inherent risks, dangers and hazards;
    • my Participation may result in personal injury or illness including but not limited to bodily or psychological injury, disease, strains, fractures, partial and/or total paralysis, or any other ailments that could cause serious physical or psychological injury or disability and death;
    • I hereby fully assume and accept all of the risks, dangers and all responsibility for any losses, costs and damages I incur as a result of my Participation;
    • the Products are of a prototype nature, have not been subject to rigorous testing and are subject to changes, including but not limited to, formulation, claims, physical properties, availability, pricing and packaging;
    • that the use of the Products could result in damage to my bathroom and kitchen surfaces and appliances and my household furnishings, floor coverings and other household items such damage including but not limited to discoloration, staining and corrosion and
    • to the extent permitted by law the Company will not be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of the Products.
  • In consideration for being permitted to Participate, I, hereby for myself, my personal representatives, my executors, administrators, heirs, next of kin and successors:

    • certify that I am over the age of 18 years and do not have any pre-existing mental or physical issues that will restrict my ability to Participate in this trial of the Products.
    • waive, release and discharge the Company from any and all liability that I may have presently or in the future, including but not limited to, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of the Company, for my death, psychological or physical disability, personal injury, loss of services or actions of any kind which may hereafter accrue to me as a direct or indirect result of my Participation.
    • to the extent permitted by law, indemnify, hold harmless and covenant not to sue the Company from any and all liabilities or claims arising out of my Participation, whether caused by negligence of the Company or otherwise.
    • authorise the Company to seek medical treatment for me as they may deem necessary at the location where the participation is conducted and at any medical facility, unless the participation is conducted at a place where the Company and/or its representatives are not located in which case I shall be solely responsible for seeking medical treatment for myself and for any person requiring medical treatment as a result of my Participation. If I am at a place where the Company or its representatives are located when the participation occurs then I consent to any x-ray, anaesthetic, medical, or surgical diagnosis or treatment and hospital care subsequently deemed necessary by a licensed healthcare provider. I understand this authorisation is given in advance of any specific diagnosis, treatment, or hospital care and it is given to provide the Company with authority to administer treatment and to seek medical treatment, and to provide a licensed healthcare provider the authority to administer this treatment as he/she judges necessary. I accept responsibility for the payment of all services rendered.
    • certify that I am physically and psychologically fit and able to be involved in the Participation and suffer no physical or psychological disability or injury that may be exacerbated by the Participation;
    • undertake to use the Products strictly in accordance with the instructions on the product labelling and/or packaging and as otherwise directed by the Company. I will follow the directions of the Company at all times during the Participation;
    • undertake not to reverse engineer or attempt to derive the composition or the underlying information of the Products or to send Products out to third party without written approval from the Company;
    • warrant that I am not employed by a competitor in the cleaning and personal hygiene products industries and do not otherwise have a conflict of interest with the Company, and will not use the information about the Product testing or the Product itself for any purpose other than Participating in the Product testing for the Company.
  • I acknowledge that the Company has supplied the Products to me on a confidential basis in order to test the functionality and overall experience of the Product under everyday conditions and to obtain feedback on the Products effectiveness. I agree not to:
    • divulge any information relating to the Products, including their composition and packaging to any third party.
    • give, loan or otherwise part with possession of any items of the Products to a third party without the prior written consent of the Company.
  • I certify that I have carefully read the terms of this Waiver and Release, fully understand all of its provisions, understand that I have given up substantial rights by electraccepting the Waiver and Release and have done so freely and voluntarily without inducement of any kind. I further understand that my electronic acceptance of this Waiver and Release constitutes a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this Waiver and Release is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.