PARTICIPATION WAIVER
Assumption of Risk, Declaration, Waiver and Indemnity
In consideration of Finish Line Events Pty Ltd (“FLE”) accepting this entry form and permitting my participation in the Terra Australis event organised by FLE (“the event”), which I acknowledge involves significant risk of physical harm, I agree as follows:
Assumption of Risk
I certify that I have been advised that and am aware that participation in the event, which primarily involves mountain bike riding involves significant risk of injury, trauma, harm and damage to me, other participants, spectators and other persons attending or in the vicinity of the event and with this knowledge voluntarily participate in the event fully accepting all such risks if they arise may result in personal injury, death and damage.
I am aware that the event will take place at a time and location that may make access to medical treatment and facilities difficult and that mountain bike riding is physically exerting and may result in injury, trauma, death or damage and that I may be exposed to natural elements such as storms and dangerous wildlife.
Representations and Warranties
I represent and warrant to FLE that :
(1) I am in sufficiently good physical condition to safely participate in and complete the event and have no disability, impairment or ailment that will prevent me from safely participating in the event or that will be detrimental to my health, safety or physical condition of others while participating in the event or while at or near the event.
(2) I will be at least 18 years of age on 29th March 2009.
(3) that the answers and information I have given in this form are all true and correct and that FLE has relied on the answers and information in permitting me to participate in the event.
(4) I understand that this document is binding on me and creates an enforceable legal relationship between me and FLE.
Consent to treatment
I agree that if I suffer injury FLE may at my expense arrange for me to receive medical treatment and emergency evacuation services as FLE deem appropriate and I understand that any personal injury that I incur may be worsened or compounded by not only my actions but by the actions, omissions or negligence of others.
I agree that I am responsible for my own medical and ambulance insurance.
Release and Discharge
I hereby unconditionally release and forever discharge from all liability FLE and its directors, officers, employees, volunteers, agents, contractors, sponsors and proprietors of any land on which the event or any part of it is conducted from any and all claims, suits, demands, expenses, costs, damages or proceedings of any nature whatsoever arising from any personal injury, death, property damage or loss sustained by me as a result of my participation in the event and I hereby agree not to take legal action of any kind against FLE in connection with the event or my participation in it.
Indemnity
I hereby unconditionally indemnify and hold harmless, and shall keep indemnified and held harmless FLE, its directors, officers, agents, contractors and sponsors from and against all liabilities, claims, suits, demands, expenses, costs, actions and proceedings of any nature whatsoever that may be brought against FLE as a result of or in connection with any act, omission, default, failure or error on the part of FLE as a result of or in connection with act, omission, default, failure or error on the part of FLE(including any negligent act, omission, default, failure or error) occurring wholly or partly during the event.
I agree that FLE will not be liable for and I waive any right to claim any loss or damage, personal injury, death economic
loss or consequential loss whether in tort, in contract, under statute(including to the full extent possible under the Trade Practices Act (Cth) and the Fair Trading Act (Vic))or otherwise, for any default, failure, negligence or error on the part of FLE.
I agree that FLE’s liability under any statutory right or any condition or warranty implied by the Fair Trading Act (Vic) or the Trade Practices Act (Cth) or any other relevant legislation which cannot be lawfully excluded is, to the full extent permitted by law, limited to payment by FLE of the cost of having the event supplied again.
Printable version of the terms and conditions attached 'PARTICIPATION WAIVER' [PDF File 105KB]
