In consideration of QLD MINIMOTO permitting me to participate in motorcycling riding & activities, including transit to or from, or instruction in such activities whether in my vehicle, in, around or on the track or on any other vehicle, collectively and severally referred to in this deed as “recreational activities” I agree as follows:
Acceptance of Risk:
1. The information I have provided in this document is true and correct and I understand Qld Minimoto is relying on that information in allowing me to participate in the Recreational Activities
2. I am participating in the Recreational Activities for the purposes of enjoyment, leisure or relaxation. I acknowledge that the Recreational Activities may be dangerous and involve a significant degree of physical exertion, physical harm and physical risk. I have been advised of the risks associated with the Recreational materialization of such risks and that undertaking may cause personal injury, death, property damage or economic loss. Some of those risks include:
2.1 sudden vehicle movements, jarring and hard landings associated with traveling in or alighting on or off the bike, on my bike or any other vehicle associated with Qld Minimoto in situations that will be affected by the weather conditions, track/road conditions or any other conditions;
2.2 greater than usual physical exertion placing people at an increased risk of personal injury, trauma or death;
2.3 falling onto the ground or leaving the bike including in the event of the bike flipping over
2.4 collision with other users, equipment or objects such as rocks, trees, fencing or any other object of which may cause injury or death including death by drowning.
2.5 exposure to the natural elements which can be unpredictable and potentially be harmful or fatal including uneven terrain, slippery track, storm, wind, flooding, heat, getting wet , flora and fauna including snakes and microorganisms
2.6 participation in Recreational Activities conducted at locations that are remote in time, distance and/or accessibility from any medical treatment facility: and
2.7 other risks of or incidental to the Recreational Activities or activities ancillary to the Recreational Activities.
Release & Discharge:
3. I unconditionally release, discharge and agree not to sue Qld Minimoto in respect of all liabilities, claims and cause of action that may arise from any act, omission, default, failure or error on the part of Qld Minimoto (including any negligent act, omission default, failure or error) occurring wholly or partially during the course of the Recreational Activities, including while in transit to or from such Recreational Activities.
Indemnity
4. I will indemnify and keep indemnified Qld Minimoto from any liability, claim or cause of action that may be brought against Qld Minimoto as a result or in connection with any act, omission, default, failure, or error on the part of Qld Minimoto (including any negligent act, omission default, failure or error) occurring wholly or partially during the course of the Recreational Activities, including transit to or from the Recreational Activities.
5. In the event of my death caused wholly or partially by the Recreational Activities my estate and my personal representatives, executors or administrators indemnify and will keep indemnified Qld Minimoto from any liability, claim or cause of action that may be brought against Qld Minimoto by my personal representatives, executors, administrators, dependants or any other person entitled to claim damages in respect of my death under section 17 of the Supreme Court Act 1995 or otherwise.
Exclusion of Warranty
6. To the extent permissible by law, Qld Minimoto expressly excludes and disclaims all conditions and warranties that may be express or implied, including any implied warranties under section 74 of the Trade Practices Act 1974 that: -
6.1 The Recreations Services will be rendered with due care and skill;
6.2 Any materials supplied in connection with the Recreational Services will be reasonably fit for the purpose for which they are supplied;
6.3 the Recreational Services and any materials supplied in connection with the Recreational Services will be reasonably fit for a particular purpose or desired result,
(“Warranties:)
7. If, despite clause 6, the law prevents exclusion and implies any of the Warranties, then the liability of Qld Minimoto for breach of any of the Warranties will, pursuant to section 68A of the Trade Practices Act 1974, be limited to the supplying of the service again or payment of the cost of having the service supplied again.
8. Clause 3, 4 and 5 are limited to liability for death or personal injury.
Parent/Guardian Undertaking:
9. Where this document includes any Child, then the parent/guardian signing it warrants that the information provided is true and correct and personally covenants in terms of clause 4 in respect of any claim, liability or cause of action that arises out of or is incidental to the Child's participation of Recreational Activities.
Statement of Understanding
10. I acknowledge that I have read and understood the matters set out in this document and affirm I am of lawful age and legally competent to give this waiver, release and indemnity. I am not under the influence of alcohol or any drug.
11. I will take care of my safety and for the safety of any child. I will follow and ensure my Child follows the safety directions of Qld Minimoto.
12. I understand that this document is contractual in nature and has legal effect and is not merely a warning or provided for information. I have signed this document of my own free will and without any representation or inducement by Qld Minimoto, it's agents or employees.
13. I agree to reimburse Qld Minimoto for the full cost it may incur, from my own or my childs negligence, of repairing any damage caused to the venue, its facilities, the track and any other property owned/operated by Qld Minimoto.
Executed as a Deed