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AGREEMENT FOR PARTICIPATION IN A RALLY EVENT
IMPORTANT: THIS IS A LEGAL DOCUMENT.
BY SIGNING, I AGREE THAT I AM BOUND BY THIS DOCUMENT
APPLICATION TO PARTICIPATE IN RALLY EVENT:
I wish to enter onto the Willowbank Dirt Track/Ipswich West Moreton Auto Club/Ipswich Council to attend and participate in the drift event, and to use courses and facilities, conducted at Willowbank Dirt Track/Ipswich West Moreton Auto Club/Ipswich Council by Skid Control specified above (‘Event’).
Participation in the Event may involve driving a motor vehicle and/or being passenger in a vehicle (‘Race Car’) and being in close proximity to Race Cars, equipment, tools, fuel and chemicals relating to motor racing.
Skid Control agrees to allow me to enter onto the Willowbank Dirt Track/Ipswich West Moreton Auto Club/Ipswich Council or the Event only on the terms and conditions of this Agreement.
IN CONSIDERATION OF SKID CONTROL ALLOWING ME TO ATTEND THE EVENT, I ACKNOWLEDGE AND AGREE TO PERFORM AND OBSERVE THE TERMS OF THE EVENT BELOW:
TERMS OF THE EVENT:
- (driving can be dangerous) I UNDERSTAND that driving a Race Car, or being a passenger in or in proximity to a
Race Car, under the conditions created for the Event, can be dangerous.
- (license) I WARRANT that I hold a current motor vehicle driver’s license or relevant CAMS/Competition license and that my license is not suspended. I will make my driver’s/CAMS/Competition license available for inspection upon request.
- (injury, death, loss of property) I UNDERSTAND that my participation in the Event carries with it the risk for physical or mental injury (including serious and permanent injury), trauma, incapacity or illness to me and/or others, damage to my property and the property of others, and even the risk of death. Accidents causing harm can and do occur, and may happen to me.
- (own choice) I AGREE that I am attending the Event of my own choice. I am not required to attend the Event as a term of my employment, or by reason of a policy or expectation of my employer or any other organisation, business, association or person. I have not received, and will not receive, an inducement to enter into this Agreement or to agree to any particular terms of this Agreement.
- (care and caution) I AGREE that at all times during my participation in the Event, and at all times while I am at Willowbank Dirt Track or entering or leaving Willowbank Dirt Track, I will exercise a high degree of care and caution for my own safety and the safety of other persons including other participants, officials, employees, contractors, spectators and road users.
- (follow directions) I AGREE that I will follow the directions of Willowbank Dirt Track/Ipswich West Moreton Auto Club/Ipswich Council, Skid Control, driving instructors and officials, organisers of the Event and their employees, contractors and agents. I agree that such directions are given free of any warranty to me.
- (safety) I AGREE that during the Event, I will not drive any Race Car in a competitive or unsafe manner except on a racetrack in accordance with the directions of Skid Control or a driving instructor or any other authorised person. Where I am passenger in a Race Car, I will not distract the driver or act in an unsafe manner.
- (no existing medical conditions) I DECLARE that, as at today, I am not aware of any existing condition (including pregnancy, physical and/or mental illness, disorder or disease) that may affect my preparation for and participation in the Event. I AGREE that it is my responsibility to inform Skid Control of such conditions. Participation in the Event even after disclosure of any such condition is at my own risk.
- (release of liability) I RELEASE and hold harmless Willowbank Dirt Track/Ipswich West Moreton Auto Club/Ipswich Council, Skid Control and its officers, employees, contractors and related entities, sponsors, promoters and organisers of the Event from all liability for physical or mental injury (including serious and permanent injury), trauma, incapacity, illness and death suffered by me and others, and for any damage to my property and property of others, in relation to the Event and howsoever caused.
- (indemnity) I INDEMNIFY and keep indemnified Willowbank Dirt Track/Ipswich West Moreton Auto Club/Ipswich Council, Skid Control and its officers, employees, contractors and related entities, sponsors, promoters and organisers of the Event from and against all losses, liabilities, claims, actions, damages and expenses suffered or incurred by any of them as a result of my actions, conduct and behaviour at or in relation to the Event.
- (no duty of care) I AGREE that Willowbank Dirt Track/Ipswich West Moreton Auto Club/Ipswich Council, Skid Control and its officers, employees, contractors and related entities, sponsors, promoters and organisers of the Event do not owe me a duty of care during my preparation for, and participation in, the Event and at all times while I am at Willowbank Dirt Track/Ipswich West Moreton Auto Club/Ipswich Council, for the purposes of the Civil Liability Act 1936 (SA) or at common law. Any direction given to me under clause 6 above does not operate to give effect to such a duty of care, and in the case of any legal proceedings cannot be used as evidence of such duty.
- (Australian Consumer Law) Sections 59 to 61 of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) imply into contracts for the supply of certain goods and services, warranties that services will be rendered with due care and skill and that goods supplied will be reasonably fit for purpose (‘Express Warranties’). To the extent permitted by law, the Express Warranties are excluded from this Agreement. I WARRANT to Skid Control that the goods and services supplied to me in relation to the Event are not of a kind ordinarily acquired by me for personal, domestic or household use or consumption.
- (limitation) I AGREE that, to the extent to which Skid Control, its officers, employees, contractors and related entities, sponsors, promoters and organisers of the Event have any liability to me in relation to the Event (notwithstanding clauses 9 to 11), that liability is limited to payment of the cost of repair of goods supplied to me, or payment of the cost of having the services supplied to me again.
- (legal proceedings) I AGREE that I will not institute legal proceedings, or allow them to be instituted on my behalf, against Willowbank Dirt Track/Ipswich West Moreton Auto Club/Ipswich Council, Skid Control, its officers, employees, contractors and related entities, sponsors, promoters and organisers of the Event, except in respect of costs payable to me under clause 13 (if any).
- (no warranty about due care and skill) I ACKNOWLEDGE that no warranties, implied or express, have been made to me that services at the Event will be provided with due care and skill or that any materials provided in connection with the Event will be fit and proper for the purpose for which they are supplied.
- (acceptance of risk) I VOLUNTARILY AND FULLY ACCEPT AND ASSUME all of the known and unknown risks associated with the Event. I UNDERSTAND, AGREE AND ACKNOWELDGE that the exclusion and limitation of liability, release, indemnity and assumption of risk in this Agreement expressly applies to these risks and all and any consequences of these risks.
- (severance) Each clause of this Agreement is severable from every other clause. The invalidity or unenforceability of any clause shall not affect the validity and enforceability of any other clause.
THIS IS AN IMPORTANT LEGAL DOCUMENT. I HAVE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING IT.
I AM SATISFIED THAT I UNDERSTAND THE DOCUMENT. I HAVE OBTAINED, OR HAD ADEQUATE OPPORTUNITY TO OBTAIN, INDEPENDENT LEGAL ADVICE ABOUT THIS DOCUMENT BEFORE SIGNING IT:
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