PARTICIPANT’S ACKNOWLEDGEMENT OF RISK FORM INCLUDING WAIVER, RELEASE & INDEMNITYThis is an important document which affects your legal rights and obligations. Read it carefully and do not sign it unless you are satisfied that you understand it. If you have any questions please ask a representative of AwesomeDrive Karting Centre - Wollongong / AwesomeDrive Club Port Macquarie / Nanocolltech Australia Pty Ltd.
The Risks of the Activity : Risk of being hit by a go kart / motorbike / car* Risk of being hit by debris from a go kart / motorbike / car* Risk of being burnt Risk of crashing a vehicle into safety barriers & fencing Risk of crashing due to the surface of the track Risk of crashing due to debris being on the track Risk of slipping and falling due to the surface of the pits, track or restricted areas Risk of crashing into another go kart / motorbike / car* Risk of crashing due to mechanical failure of the go kart / motorbike / car* Risk of another vehicle crashing into my go kart / motorbike / car*
Fully set out any medical condition which may affect the participant’s physical or mental ability, capacity or judgment or any other conditions that may be relevant to the performance of the activity. I declare that after careful consideration I am not subject to any existing injury, medical condition or treatment that may render me unsuitable for participation in the Activity.
1. I acknowledge that:
(a) I am the participant
(b) I am being supplied with a recreational service by the Business.
(c) The Activity is a dangerous recreational activity which involves a significant risk of physical harm.
(d) I may be injured in performing the Activity.
(e) The natural conditions in which the Activity is conducted may vary without warning. (f) My participation in the Activity is voluntary and I/we have not been required by the Business to engage in the Activity.
(g) I/The Minor and Parent/Guardian have disclosed 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.
(h) The Business relies on the information provided by me and I/The Minor and state that all such information is accurate and complete.
(i) I am aware of the dangers associated with the consumption of alcohol, mind altering substance, drug or other substance which may impair my judgment or physical ability or capacity to safely participate in the Activity and accept full responsibility for any injury, loss or damage associated with my consumption of alcohol, mind altering substance, drug or other substance which impairs my judgment, physical ability or capacity to safely participate in the Activity. (j) This document records the entire agreement between the Business and I in relation to the Activity and my participation in it.
(k) I have not relied upon any advice, representations or inducements by or on behalf of the Business in deciding to:
(i) participate in the Activity; and
(ii) sign this document.
1. I acknowledge that I/we have been warned of the Risks of the Activity.
2. I acknowledge that the Activity may also involve other risks not noted in the Risks of the Activity listed on page 1.
3A. The Business has placed signs around the site on which the Activity is to be performed warning of the risk of injury. I have read the signs and understand the warnings provided.
3B. The Business has provided me with oral warnings of the Risks the Activity and the risks of physical harm in participating in the Activity.
ASSUMPTION OF RISK-PHYSICAL INJURY and DEATH
1. Notwithstanding the significant risks of physical harm and injury inherent in the Activity, some of which are noted above, I/The Minor and Parent/Guardian agree to participate in the Activity at my own risk.
WAIVER, RELEASE AND INDEMNITY
1. "I agree that the provisions of Competition and Consumer Act 2010(Cth) and any similar state legislative provisions (which provide for an implied warranty that services be rendered with due care and skill and that any material supplied in connection with those services will be reasonably fit for purpose) are excluded other than the extent to which those provisions allow the providers of recreational services to contract out of the implied warranties in so far as they relate to liability for physical injury or death from the Activity".
2. I agree to release and hold harmless the Business its servants, employees and agents from and against any liability arising out of any physical injury or death of any other person arising from or in connection with my participation in the Activity whether such physical injury or death was caused directly or indirectly by negligence, breach of contract or any way whatsoever other than where the physical injury or death was caused solely by the negligence of the Business, its servants, employees or agents.
3. I agree to indemnify and hold harmless the Business, its servants, employees and agents from all claims, damages and expenses arising out of or resulting from my participation in the Activity. This indemnification extends to all claims made by any other person against the Business, its servants, employees or agents in respect of any physical injury or death arising out of or in connection with my participation in the activity, other than where the physical injury or death was caused solely by the negligence of the Business, its servants, employees or agents.
1. I agree to report all accidents or injuries sustained by me to the Business before I leave the site on which the Activity is performed.
2. I agree to comply with all rules and directions made or given by the Business in connection with the Activity. I understand that if I/we fail to comply with the rules and/or directions of the Business, I may be injured or injure someone else. Further I understand that I/we will not be permitted to continue the Activity and no refund will be given.
3. I agree that if I/we suffer any injury or illness I/we agree that the Business may provide or arrange evacuation, first aid and medical treatment at my expense.
ASSUMPTION OF RISK-PROPERTY LOSS and/or DAMAGE
Not withstanding the significant risks of property loss and/or damage inherent in the Activity, some of which are noted below:
(a) My personal property may be lost, damaged or destroyed in performing the Activity.
(b) Other people may cause me injury or may damage my property in the course of performing the Activity.
(c) I may cause injury to other persons or damage their property in performing the Activity * Participant of car related events (track days, car meets, experiences) must comply with the following regulations:
- all drivers must be over 18 years of age and held a valid Australian driving license (shall be presented on request)
- all cars must go through scrutineering before allowed on track, AwesomeDrive has the right to stop any car going on track if there is a safety concern with the vehicle
- all drivers must wear helmets (Australian Standard AS/NZS1698) and protective clothes while on track
- no passengers allowed unless obtaining a written approval from AwesomeDrive
- AwesomeDrive has the right to stop and remove drivers from track or ban them from future events if they shall not comply with the track rules and regulations.
- all participants acknowledge that AwesomeDrive shall give supplementary regulations to each events if necessary
I ACKNOWLEDGE THAT I/WE HAVE READ THIS FORM AND THAT IT HAS BEEN EXPLAINED TO ME/US. I FULLY UNDERSTAND ITS TERMS AND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I SIGNED THE DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT MADE TO ME/US.
* Denotes a MANDATORY field