First read waiver, then click to the Sign in-form, tick boxes and submit to accept

All Riders, or Parents or Guardians on behalf of riders under 18, to FIRST read this form, then click to the waiver and tick boxes to accept the terms in full. The Waiver Form is called the Daily Sign In Form and its required once a term. 

CLICK HERE FOR WAIVER FORM    Daily Sign In Form.  In order to ride, the Boxes must be ticked to accept the content of this Form in full, then press SUBMIT. 

 

Daily Sign, Waiver and Disclaimer Form

Prior to submitting the Disclaimer, Please read the Risk Warning and Waiver of Liability. This is mandatory before riding.

 

Risk Warning and Waiver of Liability

I am aware that by my participation in any activities arranged by the Provider, certain risks or dangers may occur which could include:

  • Physical, bodily or psychological injury or death.
  • Physical exertion to which I am not accustomed.
  • Failure of equipment or use of inadequate equipment.
  • There may be no or inadequate facilities for treatment or transport to treatment if I am injured.
  • The conditions in which the activities are conducted may vary without warning.
  • I may cause injury to other persons and/or other persons may cause injury to me.
  • I may be injured or die due to the negligence, breach of contract or breach of statutory duty or guarantee of the provider.

I acknowledge that the activities are being undertaken for the purposes of recreation, enjoyment or leisure, and involve a significant degree of risk of physical harm.

I acknowledge that the Activity may be undertaken with one or more other persons as part of a group and that the Provider is not liable for the actions of other participants in the group activity.

By ticking the box on the disclaimer, I acknowledge, agree and understand that the risks associated with the Activities and/or recreational services have been explained to me. I undertake any such risk voluntarily and at my own risk.

I acknowledge that the risk warning above constitutes a “risk warning” in accordance with the Civil Liability Act 2002

(NSW).

Participant’s Warranties

I agree to abide by any of the Provider’s rules, and any direction or instruction given to me by the Provider during the course of the Activities. I agree to use and/or wear any equipment given to me by the Provider.

I declare that I am medically and physically fit and able to participate in the Activities. I acknowledge that I must, and agree that I will, disclose any pre-existing medical or other condition, injury or concern that may affect the risk that either I or any other person will suffer injury, loss or damage during the course of the Activities and notify the Provider of any injuries, illness or concerns that may arise during the Activity. I will not engage in any reckless, negligent or foolish behaviour or any other behaviour that is likely to cause injury to me, any other participant or person.

I agree that if I suffer any injury or illness, the Provider may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.

I acknowledge that my consumption of alcohol, medication, banned or mind-altering substances may impact or impair my judgement or physical capacity before or during any Activity, and further acknowledge that such impact or impairment may result in injury, loss or damage, including to myself or third parties.

Exclusion of liability

To the extent permitted by law, I agree to and unconditionally release, waive, discharge and forever hold harmless, the Provider or any of its employees, agents, directors or officers, from any claims as a result of any personal injury sustained, whether caused by the Provider’s negligent act or wilful act or omission, breach of contract, breach of statutory duty, error, or otherwise in connection with or arising out of the Activities.

I agree that the Provider will not be liable for any claims for personal injury that may be brought against it as a result of or in connection with any act, omission, default, failure or error on the part of the Provider, and agree to indemnify and keep indemnified the Provider in respect of any such claims.

Waiver

It is possible for a supplier of recreational services to ask you to agree that the statutory guarantees under the Australian Consumer Law (which is schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you. If you sign this form, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the Provider in relation to the Provider’s services or the activities that you undertake because the services or activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.

By ticking the Disclaimer Form, you agree that the liability of the Provider in relation to the activities (as defined by the Competition and Consumer Act 2010 (Cth), the Consumer Affairs and Fair Trading Act (NT) and the Australian Consumer Law) and recreational activities (as defined by the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA)) for any:

  • Deaths;
  • Physical or mental injuries (including the aggravation, acceleration or recurrence of such an injury);
  • The contraction, aggravation or acceleration of a disease;
  • The coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:
  • That is or may be harmful or disadvantageous to you or the community; or
  • That may result in harm or disadvantage to you or community;

That may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of the recreational services or recreational activities is excluded.

You acknowledge and agree that the above provision operates to exclude the liability of the Provider as a result of a breach of an express or implied warranty that the recreational services will be rendered with reasonable care and skill in accordance with section 5J of the Civil Liability Act 2002 (WA) and section 5N of the Civil Liability Act 2002 (NSW).

I have read this risk warning and waiver of liability and tick the box and submit it from my email feely and voluntarily without inducement of any kind.

 

CLICK HERE FOR WAIVER FORM    Daily Sign In Form.