REGISTRATION FORM

MA Contract to Participate

1. The purpose of this Agreement is to exclude the liability of the Provider (as defined below) to the extent permissible
   by law to pay damages or any other form of compensation for any personal injury or death suffered by me resulting
   from participating in the Recreational Activity (as defined below).
2. I acknowledge that the Recreational Activity involves the risk of serious injury, physical harm or death.
3. I also acknowledge that in signing this Agreement I have done so voluntarily and that no pressure or unfair tactics
   have been used to persuade me to sign this Agreement and that I have done so voluntarily in the knowledge that
   it is open to me not to sign the Agreement and for me to elect not to participate in the Recreational Activity.
4. I release and forever hold harmless the Provider and any directors or officers of the Provider or any volunteer or
   employee of the Provider who is involved with organising the Recreational Activity from and against any claims
   actions, suits, proceedings or liabilities of any kind in respect of any personal injury or death suffered by me.
5. I also agree to indemnify the Provider and any directors or officers of the Provider or any volunteer or employee of
   the Provider who is involved with organising the Recreational Activity against any claims, actions, suits, proceedings
   or liabilities of any kind in respect of any personal injury or death suffered by me.
6. I also agree that the liability of the Provider for any personal injury that may result from the supply of the
   Recreational Services (as defined below) that may be suffered by me is excluded.
   Parent / Guardian Declaration
7. In my capacity as the parent/guardian of the Participant I make the above acknowledgements, releases,
   agreements and warranties on behalf of the Participant (as defined below) as if I was the Participant and further
   warrant that I have told the Participant that the Recreational Activity involves the risk of serious injury, physical
   harm or death.

Definitions
“Participant” means the person whose name appears next to Participant below.
“Provider” means CSSAU Pty Ltd ABN 61 613 671 499 trading as California Superbike School.
“Recreational Activity” means the motorcycling activity provided by the Provider.
“Recreational Services” means the organisation of and delivery of the Recreational Activity.

Unit 1, 37-39 Somersby Falls Road, Somersby 2250 NSW Phone: 0456 005 554 www.superbilkeschool.com.au contact@superbikeschool.com.au

1. Definitions and Interpretation Definitions

1.1. The following definitions apply to this Release and Waiver:

(a) Agreement: means the agreement for the provision of goods and services as modified by this document.

(b) Australian Consumer Law: has the meaning given to it under the Competition and Consumer Act 2010 (Cth).

(c) Claim: includes any claim, action, demand, application, proceeding, judgment, injunction, court order, enforcement hearing and enforcement order.

(d) Goods: means goods supplied under this Agreement.

(e) Inherent Risk: a risk that cannot be avoided by the exercise of reasonable care and skill.

(f) Loss: includes (and is not limited to) any personal injury, death, aggravation or acceleration of injury or disease, psychological harm, economic loss, consequential loss, liability, tax, prohibition, penalty, fine, expense or cost.

(g) Obvious Risk: a risk to a person that suffers harm which, in the circumstances, would have been obvious to a reasonable person in the position of that person, and may include:

(i) matters of common knowledge;
(ii) things that may have a low probability of occurring;
(iii) things that are not prominent, conspicuous or physically observable.

(h) School: means CSSAU Pty Ltd trading as California Superbike School and includes the directors, employees, agents, contractors, subcontractors, invitees of the School.

(i) Services: means the services that provided to you under or in connection with this Agreement.

Interpretation

1.2. In this Agreement unless the context otherwise requires:
(a) any other defined terms have the corresponding meaning given to it in other parts of this Agreement;

(b) words importing a gender include any other gender;

(c) words in the singular include the plural and vice versa;

(d) all dollar amounts refer to Australian currency;

(e) a reference to any legislation includes any subordinate legislation made under it and any legislation amending, consolidating or replacing it;

(f) a reference to an individual or person includes a corporation or other legal entity;

(g) clause headings have been included for convenience only and are not intended to affect the meaning or interpretation of this Agreement;

(h) if any expression is defined, other grammatical forms of that expression will have corresponding meanings;

(i) if a party includes two or more persons, this agreement will bind them jointly and each of them severally;

(j) if there is any inconsistency between the different parts of this Agreement, this release and wavier will prevail to the extent of any inconsistency; and

(k) if any part of this release and waiver is found to be invalid, unlawful or unenforceable for any reason:

(i) the offending term, clause or subclause will be severed; and
(ii) the remaining terms, clauses and subclauses will continue to be valid and enforceable.

2. Warning of Risk

2.1. To the extent that it is necessary, clause 1.2 is awarning under the Wrongs Act 1958 (Vic), the CivilLiability Act 2002 (NSW), the Civil Liability Act 2003 (Qld)and equivalent legislation in other jurisdictions.

2.2. You acknowledge there are Obvious Risks and inherent Risks connected with riding a motorcycle at speed and other recreational activities.

2.3. These activities may result in:
(a) physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, organ damage, permanent injury, permanent disability or death; and (b) psychological harm or injury.

2.4. Injury may occur through:
(a) you causing or being involved in an accident;
(b) you observing someone else causing or being involved in an accident;
(c) damage to equipment or facilities made available in connection with the Goods and Services;
(d) any failure to maintain equipment or facilities made available in connection with the Goods and Services;
(e) the incorrect use of equipment or facilities;
(f) a failure by you or others follows the reasonable instructions or directions of the School;
(g) your negligent act and omissions;
(h) the negligent act and omissions of the School;
(i) the negligent actions, or omissions of other persons;
(j) any loss or damage arising through a failure to avoid other people or hazards; (k) any failure to use appropriate protective equipment;
(l) any failure to observe or obey all signs, warnings and other rules; or
(m) the use of drugs or alcohol (which are strictly prohibited).

2.5. The list of potential injuries in clause 2.4 is not exhaustive and there are other unknown or anticipated risks that may result in injury, illness or death.

2.6. While every attempt is made to ensure that the services provided under this Agreement are safe, there are Obvious Risks and Inherent Risks involved.

2.7. You agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.

Limitation of Liability

3.1. To the fullest extent permitted by law, the School excludes and you release and waive any right to make any actual or contingent Claim against the School, for all or any Loss that arises from:
(a) any Obvious Risks that are directly or indirectly connected with the Goods and Services;
(b) any Inherent Risks that are directly or indirectly connected with the Goods and Services;
(c) any negligence by the School in connection with the Goods and Services;
(d) the negligence of any other student or participant;
(e) any breach of any express or implied term of this Agreement;
(f) any failure to follow the instructions or directions of the School in connection with the Goods and Services;
(g) any damage, fault or defect connected with any equipment or facilities made available under this Agreement;
(h) any failure to maintain equipment or facilities made available under this Agreement;
(i) any failure to notify you of any damage, fault or defect connected with any equipment or facilities made available under this Agreement;
(j) any loss or damage to any personal property belonging to you;
(k) any loss or damage that arises through a failure to avoid other people or hazards;
(l) any failure to use appropriate protective equipment;
(m) any failure to observe or obey all signs, warnings and other rules;
(n) the use of drugs or alcohol;
(o) any wilful damage;
(p) any unlawful act or omission by you; or
(q) any unlawful act or omission by the School.

Consumer Liability

3.2. If this Agreement constitutes a supply of Goods and Services under Australian Consumer Law:
(a) nothing contained in this Agreement excludes or modifies any condition, warranty or other obligation in relation to this Agreement where it is unlawful to do so; and
(b) to the fullest extent permitted by law, the School’s sole liability for breach of any such condition, warranty or obligation is limited to:
i). the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing or acquiring equivalent goods;
ii). the repair of the goods or payment of the cost of having the goods repaired;
iii). the supply of the Services again;
iv). the payment of the cost of having the Services supplied again.

Services supplied again.

3.3. If this Agreement is not a supply of Goods or Services to a consumer under Australian Consumer Law then to the fullest extent permitted by law, the School’s liability in connection with:
(a) the supply; or
(b) any failure to supply, the Goods and Services is limited to the amount (or the aggregate of the amounts) payable by you under this Agreement.

3.4. You also acknowledge that clause 3 is reasonable and designed to protect our legitimate interest