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Mandatory waiver which must be completed prior to being active on the airbag at Trail Bliss 2021. Airbags, tricks and riding can be dangerous and anyone using the airbag waives their liability.

This agreement relates to the participation (including spectating and attendance) (Participation) (Activity / Operator / Owner) including the use, enjoyment, modification or maintenance of the DD Airbag at Trail Bliss 2021.

It is a condition of the operator allowing Participation to utilise the DD Airbag and You accept personal liability for risk associated with Participation (including spectating).

RISKS – INJURY, DEATH, FINANCIAL LOSS

There is a risk that You may suffer physical injuries as a result of Participation in the Activity, such as muscle injuries, broken bones, concussion, back and neck injuries, paralysis and even death. Mountain biking and the use of the 'DD Airbag' can be a dangerous activity.

It is possible that injury or death may cause emotional and mental injury, and may affect your ability to work or enjoy other aspects of life. You may suffer financial loss as a result, including medical costs and loss of income. You may suffer serious injuries such as paralysis, loss of sight or hearing or even death.

THE OWNER RECOMMENDS THAT YOU WEAR PROTECTIVE CLOTHING AND EQUIPMENT WHEN PARTICIPATING IN THE ACTIVITY and assess the risk of injury, death or loss occurring as a result of Your voluntary actions.

In particular:

  • Choose spectating locations which minimise risk
  • Stay on paths and trails which have been designed for access;
  • Do not climb structures;
  • Be aware of usual risks that exist in the environment, including loose and uneven surfaces, venomous bites and stings and allergic reactions; and
  • Keep minors in your care or control under close supervision

You may choose to wear protective clothing and equipment when Participating in the Activity, but that wearing protective clothing and equipment may not prevent you from suffering injury, death or loss.

Assumption of Liability

In consideration for the Owner allowing you to use the DD Airbag,

You agree to the following:

  1. You participate voluntarily and at Your own risk. In doing so, You voluntarily assume liability for the risk of injury, death or loss in respect of Your (including any minor in your care or control) Participation in the Activity;
  2. You acknowledge the risk of injury, death and loss resulting from Your Participation in the Activity, including risks relating to the natural environment in which the Activity occurs;
  3. You release and waive your legal rights against the Owner in respect of liability (including consequential loss such as loss of income) for injury, death, loss and damage suffered or incurred by You (including any minor in your care or control) in relation to the Activity;
  4. You indemnify the Owner in respect of liability (including consequential loss such as loss of income) for injury, death, loss and damage suffered or incurred by You (including any minor in your care or control) in relation to the Activity;
  5. You waive all statutory warranties and representations against the Owner in relation to the provision or supply of services or goods in relation to the Activity, including pursuant to the Civil Liability Act 2002 and the Australian Consumer Law;
  6. You will report any material risk of injury, death, loss or damage which you become aware of in relation to the Activity to the Owner as soon as practicable after you become aware of that risk;
  7. You warrant that you are authorised to enter into this agreement in respect of each and every person under your care and control who is under the age of 18, for the purpose of waiving and assuming liability for the legal rights of those minors against the Owner;
  8. You acknowledge that the Owner may not have insurance cover, or adequate insurance cover, in respect of any injury, death, loss or damage which You (including any minor in your care or control) may suffer in respect of Participation in the Activity;
  9. You agree that, if You (including any minor in your care or control) require urgent medical treatment in connection with Participation in the Activity, the Owner and their agents can make such judgments as they think are reasonable or necessary in relation to Your urgent treatment, for which purpose they may engage medical services and specialists on Your behalf (as your agent);
  10. You agree to indemnify the Owner in relation to the cost of providing medical treatment (including the cost of medical specialists, ambulance services, medical services and hospital attendances) referred to in clause 9; and
  11. If any part of this agreement is void, voidable or unenforceable because it is in breach of the Civil Liability Act 2002 or the Australian Consumer Law, You agree that the affected part of this agreement is repeated but subject to a limitation that the liability of the Owner to You (including any minor in your care or control) is not diminished in respect of the reckless conduct of the Owner or any person for whom the Owner are liable. For the purposes of this clause, reckless conduct means conduct which the Owner is aware, or should reasonably have been aware, carries a significant risk of personal injury to another person, and the Owner engages in the conduct despite the risk and without adequate justification.

November 30, 2021

I Agree

Please select who will be participating...
AdultMinor
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First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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