Insurance & Disclaimer
All riders participating in the event are required to understand and accept the event waiver as part of the registration process. Maximum Adventure strongly encourages all riders to take out personal accident cover with an accredited health provider.
ACKNOWLEDGEMENT, WAIVER AND RELEASE
EVENT: Convict 100
DATE: Saturday 4th May 2019
ACKNOWLEDGEMENT, WAIVER AND RELEASE (SECTION 5M CIVIL LIABILITY ACT 2002) COMPETITORS WARNING: THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS. PLEASE READ ALL OF THE DOCUMENT CAREFULLY. ALL COMPETITORS MUST ACCEPT THESE CONDITIONS.
“Organiser” and “the organiser” means Maximum Adventure Pty. Ltd.
“Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence BUT does NOT include a claim against the Maximum Adventure Pty Ltd by any person entitled to make a claim under a relevant CA insurance policy.
“the event” The Convict 100 event including all categories and course distance options.
NOTE: Section 74 of the Trade Practices Act (“Act”) implies a warranty of due care and skill into contracts for the supply of services to consumers, as defined in the Act. To the extent that the warranty applies to any contract relevant to the Release and Waiver of Liability, it cannot be excluded.
- I declare that I am medically and physically fit and able to participate in the event. I acknowledge that I must, and I agree that I will, disclose any pre-‐existing medical or other condition that may affect the risk that either I or any other person will suffer injury, loss or damage.
- I acknowledge that the Maximum Adventure Pty Ltd relies on information provided by me, and that all such information is accurate and complete.
- I acknowledge that the event is inherently dangerous. I recognise that there are risks specifically associated with the event which include, but are not limited to, collisions and contact with other participants, the remoteness of the areas in which an event takes place, sudden and unexpected changes in weather, physical exertion and difficulties in evacuation if I become disabled. I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or my property being damaged.
- I understand and acknowledge the dangers associated with the consumption of alcohol or any mind-‐altering substance before or during the event, and I accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind-‐altering substance.
- I agree to follow any rules set by Maximum Adventure Pty Ltd in connection with the event. In particular, I have been advised to wear an approved helmet at all times during Cycling Activities. If I fail to comply with Maximum Adventure Pty Ltd’s rules and/or directions, I will not be permitted to participate or to continue to participate and no refund will be given.
- In consideration of being allowed to participate in the Event, I (on my own behalf and on behalf of my executors, administrators, heirs, next of kin, successors and assigns):
- 6a) WAIVE, RELEASE AND DISCHARGE from any and all liability for death, disability, personal injury, property damage, property theft and all other risks, claims or actions of any kind (including breach of contract, acts of negligence to the fullest extent permitted by law) whatsoever and however occurring, together with any legal fees incurred as a result of any such claim whether it is valid or not, which I at any time had or have as a result of or in connection with, directly or indirectly, my participation in and my travelling to and from the Event the following person or entities: Maximum Adventure Pty Ltd., Event sponsors, Event producers, volunteers, community organisations, all State, Federal and Local Government authorities in which the Event may be staged and the owners, licensees or occupiers of any property upon which I enter and their (its) respective officers, directors, employees, independent contractors, sponsors, representatives, agents, members and volunteers, including medical and paramedical personal appointed for the Event;
- 6b) INDEMNIFY AND HOLD HARMLESS the persons or entities mentioned in paragraph 6(a) from any and all liabilities, claims or actions (including negligence) whatever or however caused arising as a result of or in connection with, directly or indirectly, my participation in and travelling to and from the Event, including any claim by my (or my team’s) support crew or any person assisting me or my team;
- I acknowledge that I am responsible for my personal possessions and equipment during the Event.
- I accept the communications, search, rescue and medical aid arrangements put in place by the organisers. I understand and agree that in the first instance I am responsible for the provision of first aid to myself and those around me. As a competitor or support crew I am responsible for myself or my team’s timely removal from the course to a medical facility. If I suffer any injury or illness, I agree that Maximum Adventure Pty Ltd 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 certify that the medical information supplied by me on the entry form is true and I consent to and authorise that information to be provided to any medical practitioner, ambulance officer or any person involved or associated with any medical treatment or assistance that may be given to me as a result of my participation in the Event, regardless of whether the treatment is given.
- Copyright and right to use image: I acknowledge and consent to photographs, video, audio recordings, multimedia or film likeness being taken of me by or on behalf of Maximum Adventure Pty Ltd during my participation in the event. I acknowledge that the photographs, video, audio recordings, multimedia or film likeness are owned by Maximum Adventure Pty Ltd and that Maximum Adventure Pty Ltd may use the photographs, video, audio recordings, multimedia or film likeness for promotional or other purposes without my further consent being obtained. Further, I consent to Maximum Adventure Pty Ltd using my name, image, likeness and also my performance in the Event, at any time, to promote the Event by any form of media.
- Maximum Adventure Pty Ltd, in its sole discretion, may delay, modify, postpone, alter the course or cancel the Event if it believes the conditions on the race day are or will be unsafe following the commencement of the event.
- If, the Event is cancelled without an option to reschedule, including but not limited to acts of God or the elements (including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labour difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, race course conditions, or any other cause beyond the control of Maximum Adventure Pty Ltd there may be a prorata refund of any participant entry fees paid in accordance to consumer laws. There will be no payment for any other costs incurred by participants in connection with the event
- If, the Event is delayed, modified, or postponed for any reason, including but not limited to acts of God or the elements (including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labour difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, race course conditions, or any other cause beyond the control of Maximum Adventure Pty Ltd no refunds will be issued.
- EXCLUSION FROM THE EVENT
I agree to abide by the Event rules and directions of officials and I understand that my entry may be voided if through my actions or behaviour. Maximum Adventure Pty Ltd reserves the right to exclude any entrant or participant from the event, for reasons including but not limited to:-‐
(i) failing to comply with Maximum Adventure Pty Ltd’s directions;
(ii) not being in the opinion of Maximum Adventure Pty Ltd in a fit state to participate;
(iii) being un-‐financial or owing monies to Maximum Adventure;
(iv) for any reason determined by Maximum Adventure Pty Ltd, which determination shall be deemed reasonable.
I ACKNOWLEDGE THAT I HAVE READ THIS ASSUMPTION OF RISK AND THAT IT HAS BEEN EXPLAINED TO ME, AS REQUIRED. I FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I SIGNED THE DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT MADE TO ME AND INTEND MY SIGNATURE OR OTHER ACKNOWLEDGEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Information collected is subject to Maximum Adventure Pty Ltd Privacy Policies available at www.maxadventure.com.au