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: - 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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);
- 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
- 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.
July 6, 2025 I Agree |