For information about this event, please contact the "Event Organiser".
By purchasing a ticket you agree to receive information about the Event by email from the Event Organiser
IMPORTANT NOTICE TO PARTICIPANT
This document affects your legal rights. Please read carefully before signing.
This Waiver, Release & Acknowledgement of Risk (“Agreement”) is intended to comply with the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law provisions relating to recreational services, and applicable Tasmanian legislation.
This Agreement does not exclude liability where it is not legally permitted, including liability for reckless conduct or where consumer rights cannot be excluded by law.
This agreement is between yourself, as the participant and
SL Day & E Quarrell (ABN 51 286 694 688)
(Legal Entity)
& THE ROCKY CAPE SXS/ATV CHARITY COMMITTEE (ABN 51 286 694 688)
(the Activity Provider)
1. ACKNOWLEDGEMENT OF RISK (INHERENT RISKS)
The Participant acknowledges that participation in Side-by-Side (SXS) and All-Terrain Vehicle (ATV) off-road riding involves inherent risks, including risks that are not able to be eliminated regardless of safety measures.
These inherent risks include (but are not limited to):
Uneven, unstable, slippery or unpredictable terrain
Collisions with objects, vehicles, or other participants
Mechanical failure of vehicles or equipment
Weather-related hazards including heat, rain, wind, dust, reduced visibility or lightning
Sudden vehicle movement, rollovers or loss of control
Physical injury including sprains, fractures, burns, permanent disability or death
The Participant voluntarily assumes these inherent risks.
2. WAIVER & RELEASE (TO THE EXTENT PERMITTED BY LAW)
To the maximum extent permitted by law, the Participant releases and discharges the Legal Entity, Activity Provider, its volunteers, representatives, landowners, sponsors and affiliates from liability for personal injury or death arising from participation in the activity, including where arising from ordinary negligence.
Nothing in this Agreement excludes liability for:
Reckless conduct
Gross negligence where exclusion is not permitted by law
Consumer rights that cannot be excluded under Australian Consumer Law
3. CONSUMER LAW ACKNOWLEDGEMENT (RECREATIONAL SERVICES)
The Participant acknowledges that:
The services provided are “recreational services” under Australian Consumer Law.
Under section 139A of the Competition and Consumer Act 2010 (Cth), the Provider may exclude liability for death or personal injury resulting from failure to comply with consumer guarantees in respect of recreational services.
The Participant has been clearly warned of the risks associated with participation.
4. HEALTH & FITNESS
The Participant confirms that they:
Are physically and mentally fit to participate
Do not suffer from any medical condition that may be aggravated
Are not under the influence of alcohol or drugs
Will disclose any relevant medical conditions prior to participation
5. SAFETY OBLIGATIONS
The Participant agrees to:
Follow all instructions from organisers, marshals and officials
Wear required safety equipment (helmet, seatbelt, protective gear)
Operate or ride in vehicles responsibly
Refrain from reckless or dangerous conduct
Ensure any personally supplied vehicle is safe, registered and compliant
The Activity Provider reserves the right to remove any participant for safety reasons.
6. INDEMNITY
The Participant agrees to indemnify the Activity Provider against claims, losses or damages arising from:
Their own actions or negligence
Damage caused to property or equipment
Injury caused to other participants as a result of their conduct
7. PERSONAL PROPERTY
All personal belongings and equipment are brought at the Participant’s own risk.
8. MEDIA CONSENT
The Participant consents to photographs and video being taken and used for promotional, marketing and fundraising purposes unless withdrawn in writing.
9. MINORS
Participants under 18 must have this Agreement signed by a parent or legal guardian, who accepts responsibility for the minor’s participation.
10. GOVERNING LAW
This Agreement is governed by the laws of Tasmania, Australia.
11. ACKNOWLEDGEMENT
By signing this Agreement, the Participant confirms that:
They have read and understood this document
They understand the risks involved
They voluntarily accept those risks
They are signing freely without pressure
TryBooking is an online system for organisations and community groups that has been designed to look after the entire event ticketing and registration needs.
All issues relating to the sale of tickets and the hosting of their associated event(s) are the responsibility of the “Event Organiser” and not that of TryBooking Pty Ltd (Australian Business Number 71126987915).
Please visit https://www.trybooking.com/info/customer-terms-and-conditions for our terms and conditions.