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Evedon Park Bush Resort Pty Ltd T/A Evedon Lakeside Retreat

Waiver of Liability – WA Gravity Enduro

WAIVER AGREEMENT

Mandatory Event Waiver which must be completed prior to attending the event location (Evedon Lakeside Retreat) for the Mountain Bike Event 'WA Gravity Enduro 2025 - Evedon Lakeside Retreat'

 

This agreement relates to the participation (including spectating and attendance) (Participation) in WA Gravity Enduro (Event) including the use, enjoyment, maintenance and construction of riding trails, tracks and roads on land (Evedon Park Land) owned, occupied and/or managed by Charles Anthony Jenour and Merilyn Joy Jenour, Evedon Park Bush Resort Pty Ltd and/or the Evedon Family Trust and their officers, employees contractors and agents (Owner Parties).  It is a condition of the Owner Parties allowing Participation in the Event on Evedon Park Land that participants and spectators (You) accept personal liability for risk associated with Participation (including spectating) in the Event.

The Owner Parties are not associated or affiliated with the Event or its promoters and associated entities.

RISKS – INJURY, DEATH, FINANCIAL LOSS

There is a risk that You may suffer physical injuries as a result of Participation in the Event, such as muscle injuries, broken bones, concussion, back and neck injuries, paralysis and even death.  Mountain biking 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 PARTIES RECOMMEND THAT YOU WEAR PROTECTIVE CLOTHING AND EQUIPMENT WHEN PARTICIPATING IN THE EVENT 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 trees or vegetation;
  • Do not traverse steep embankments, ledges or rocks;
  • Be aware of usual risks that exist in the natural 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 Particpating in the Event, but that wearing protective clothing and equipment may not prevent you from suffering injury, death or loss.

Assumption of Liability and Conditions of Sale

In consideration for the Owner Parties allowing you to enter Evedon Park Land to Participate in the Event, You agree to the following:

  1. You enter the Evedon Park Land freely, voluntarily and at Your own risk in respect of Participation in the Event. 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 Event whilst on or in the vicinity of Evedon Park Land, to the extent permitted by law;
  2. You acknowledge the risk of injury, death and loss resulting from Your Participation in the Event, including risks relating to the natural environment in which the Event occurs;
  3. You release and waive your legal rights against the Owner Parties and each of them 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 Event;
  4. You indemnify the Owner Parties and each of them 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 Event;
  5. You waive all statutory warranties and representations against the Owner Parties and each of them in relation to the provision or supply of services or goods in relation to the Event, 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 Event to the Owner Parties 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 Parties;
  8. You acknowledge that the Owner Parties 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 Event;
  9. You agree that, if You (including any minor in your care or control) require urgent medical treatment in connection with Participation in the Event, the Owner Parties 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 Parties and each of them 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 Parties to You (including any minor in your care or control) is not diminished in respect of the reckless conduct of the Owner Parties or any person for whom the Owner Parties are liable. For the purposes of this clause, reckless conduct means conduct which the Owner Parties or any of them are aware, or should reasonably have been aware, carries a significant risk of personal injury to another person, and the Owner Parties or any of them engages in the conduct despite the risk and without adequate justification.

Nothing in this agreement diminishes the liability of the Owner Parties or any of them to You in respect of the provision of accommodation and hospitality services of the kind ordinarily supplied by the Owner Parties to their customers and guests from those parts of Evedon Park Land which are designed and developed for such use (other than the riding trails and related facilities).

First Attendee's Name
First Name*
Last Name*
Phone*
First Attendee's Date of Birth*
Date of Birth
First Attendee's Signature*
Second Attendee's Name
First Name*
Last Name*
Attendee's Date of Birth*
Date of Birth
Third Attendee's Name
First Name*
Last Name*
Attendee's Date of Birth*
Date of Birth
Fourth Attendee's Name
First Name*
Last Name*
Attendee's Date of Birth*
Date of Birth
Fifth Attendee's Name
First Name*
Last Name*
Attendee's Date of Birth*
Date of Birth
Sixth Attendee's Name
First Name*
Last Name*
Attendee's Date of Birth*
Date of Birth
Seventh Attendee's Name
First Name*
Last Name*
Attendee's Date of Birth*
Date of Birth
Eighth Attendee's Name
First Name*
Last Name*
Attendee's Date of Birth*
Date of Birth
Ninth Attendee's Name
First Name*
Last Name*
Attendee's Date of Birth*
Date of Birth
Tenth Attendee's Name
First Name*
Last Name*
Attendee's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
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.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Date of Birth*
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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