For participation in events sanctioned by the RSA and as detailed on the RSA event calendar
INTRODUCTION Please read the Terms and Conditions of Participation in RSA Sanctioned Events and this entire Acknowledgement and Assumption of Risks & Release and Indemnity Agreement (hereafter “Form”) carefully before signing (or, in the case of online acceptance, by electronically signing in the box below). Each participant, and if the participant has not attained the legal age of majority, a parent/natural guardian/legal guardian of the minor participant (minors are those under 18 yrs. of age), must sign this Form. Please note that the Event website may contain other terms and conditions that apply to the Event. By participating in the Event, I also acknowledge my acceptance of the terms and conditions set out on the Event website and within the Event’s online registration. In consideration of the services of the event organiser (hereafter “Operator”) in allowing me/my child to participate in the Operator event and other activities (hereafter “Event”), I acknowledge and agree as follows:
ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS The Event takes place indoors and or outdoors and can include but not be limited to: powered and unpowered, competitive and non competitive, driving and riding, both in practice and in the Event; testing (trying out) gear; participation in clinics, training, demonstrations or other activities, attendance at any activities, use of any equipment, facilities or premises and travelling in cars, planes, vans, buses or other vehicles to and from activities (the Event and other activities collectively referred to in this Form as “activities” or “activity”). Activities may be scheduled or unscheduled, mandatory or optional, whether or not authorised and/or conducted by related service providers, structured or unstructured and include free time. I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Form as “risks”) of these activities can cause injury, damage, death or other loss to participants or others. The following describes some, but not all of the inherent risks, as applicable to participant’s activities:
Risks in any powered or unpowered, competitive or non competitive or recreational driving or riding activity. Training for, practising or participating in driver or rider sport or recreation or other events and associated driving, riding and other conditioning involves frequent and repetitive use of the arms and legs, extreme fitness and endurance, and pushing the limits of the participant’s speed and abilities. Risks present in an outdoor environment. Participants may be subject to: high altitude or mountainous terrain; severe storms or bad weather such as lightning, strong winds, rain, hail, snow and ice; fast moving creeks or other water bodies; extremely hot or cold weather; stinging, venomous and/or disease carrying animals (including marine life) or insects and other natural or man-made hazards. Hazards (both on land and above and below water level) may not be marked or visible and weather is always unpredictable. Risks involved in decision making and conduct. These risks include the risk that an Operator staff member, representative, volunteer, contractor or co-participant may misjudge a participant’s capabilities, health or physical condition, misjudge some aspect of instruction, medical treatment, weather, terrain, water level, or route location, or, that one of those persons may not warn participant (and/or participant’s legal guardian) about one or more of the inherent risks of these activities. Driving and riding risks. These risks include the risk of losing control and falling from the motor vehicle, colliding with objects (including parked or moving vehicles and/or motor vehicles) or people (including co-participants or spectators) on land, tripping or falling down or encountering other water/ road/ trail hazards. Personal health and participation risks. The risk of contracting communicable disease(s), including but not limited to COVID-19, from other person(s) (including but not limited to any co-participant; spectator; Operator staff, representative, volunteer, or contractor; and/or any other person(s)) before, during, and/or after the Event and other activities. The risk that a participant’s mental, physical or emotional condition (including any use or abuse of alcohol or prescription or non-prescription drugs), whether disclosed or undisclosed, known or unknown, combined with participation in these activities and associated risks could result in injury, damage, death or other loss. Although the Operator may review participant’s medical information, submitted in the registration process, the Operator cannot anticipate or eliminate risks or complications posed by a participant’s mental, physical (including fitness level) or emotional condition. Risks connected with location. Activity location may cause or contribute to delays or difficulties in communication, transportation, evacuation or medical care. Risks associated with premises. Ruts, holes, water sources, rocks, uneven ground or other conditions may exist in and around the activities. Equipment risks. The risk that equipment used in activities may be misused, or may break, fail or malfunction. Participant (and/or the participant’s legal guardian) assumes full responsibility for choosing appropriate equipment and for the fit and condition of the equipment. Operator requires use of standards approved helmets for motor vehicle activities. Other personal protective equipment may prevent or lessen injuries in some instances; however, use of safety gear is not a guarantee of safety, and injury can occur even with the use of this gear. Supervision and activities risks. I understand that neither Operator nor its staff, representatives, volunteers, contractors or anyone associated with them will be supervising participants during the activities or at any time. Adult participants agree he/ she is solely responsible for his/ her own well-being at all times; or, if applicable, a participant’s legal guardian agrees to take sole responsibility for participant’s supervision before, during and after the Event and other activities, including during free time and at all other times. Risks regarding conduct. The potential that participant, co-participant/s and/or third party/s may act in a negligent or intentional manner. Drone risks. I understand that unmanned aerial vehicles (“UAVs”, also known as “drones”) may be used at the Event for media or other purposes and accept the risk of a collision with, and any damage or injury relating to, any UAV. Risk regarding criminal/terrorist activity. The potential that third party/s may commit criminal acts or acts of terrorism.
These and other risks may result in participants: falling partway or falling to the ground; being struck; colliding with objects (e.g., a UAV, parked or other moving motor vehicles), people or water body; experiencing automobile or motorcycle collision or rollover; reacting to high altitudes, weather conditions or increased exertion; becoming lost or disoriented; suffering gastro-intestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause heat or cold related illnesses or conditions (including hypothermia, cold water immersion, frostbite, hyperthermia, or heat exhaustion/stroke); dehydration; hyponatremia; drowning; high altitude sickness; heart or lung complications; broken bones; paralysis or other permanent disability; mental or emotional trauma; concussions; sunburn or other burns or other injury, damage, death or loss -- before, during or even after the participant participates in the Event or other activities.
I understand and agree: • I will review all materials received, accurately complete and agree to the registration information, documents and process, and rules and policies. I will obey all rules and policies, which include but are not limited to, the rules and conditions detailed in this Agreement and as details on the Event website, the RSA Event Codes, Discipline Regulations, the Operator Event Rules and all information included in the Event-specific participant information guide and Event-specific participant briefing session, as each of the foregoing may be amended, from time to time; and all traffic laws. I acknowledge that in order to participate in the Event, I must be a current RSA member or must purchase a one-event membership from RSA. Accident insurance cover for participants is optional and where such insurance affects members in this Event or future Operator events, such insurance may not cover me for all personal injury, loss or damage sustained by me; • By submitting this entry, I agree to be bound by and comply with the Operator’s Event Rules including, without limitation, all policies, procedures and/or other rules, and the authority given to the Operator under those rules. I also agree to be bound by the World Anti-Doping Code and associated International Standards, as issued by the World Anti-Doping Agency (e.g., the International Standard for Therapeutic Use Exemptions, the List of Prohibited Substances and Prohibited Methods, and the International Standard for Testing and Investigations). I acknowledge that I may also be bound by the rules of any applicable national federation, international federation, ASADA, or any anti-doping organization with authority over me. I agree that to the extent I ingest or apply to my body any product provided in an participation kit or at the Event Village that causes me any injury or to test positive in any doping test, I will take full responsibility for such injury and/or test result and release the Operator from any Claims (as defined below) related thereto; • My final acceptance and participation in the Event is contingent upon the Operator’s receipt and review of all required information and forms, including this Form; • Before participating in any activities, I may inspect the event course, facilities, equipment, and areas to be used, if I choose; • I am fully capable of participating without causing harm to myself or others. I further agree that participating in these activities requires extreme fitness and endurance, that I am solely responsible for my conditioning and fitness before, during and after the activities, and that I, in conjunction with my physician, am responsible for determining whether these activities are appropriate for me, before I participate; • I will immediately notify an Event official if I believe or become aware that the event course, facilities, or equipment or other aspects of the event areas to be used are unsafe; • The RSA has put enhanced health and safety measures in place due to the potential spread of COVID-19. I must follow all posted instructions while visiting any Event-related venue. An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness, permanent disability, and death. According to the Centre for Disease Control and Prevention and the World Health Organisation, senior citizens and persons with underlying medical conditions are especially vulnerable. By visiting any Event-related venue, I voluntarily assume all risks related to exposure to COVID-19; • The Operator contracts with individuals or organisations that are independent contractors (not its employees or agents) to provide some of the Event services and to conduct some of the activities participants will engage in. I acknowledge that Operator does not supervise or control these independent contractors and is not legally liable or responsible for their conduct. In addition, activities take place on premises or at facilities not owned or controlled by Operator, and Operator does not oversee or take responsibility for any aspect or condition of these independent facilities or premises; • My Event registration is non-transferable; any attempted transfer may result in cancellation without refund and disqualification from participation in future events. If I wish to withdraw from the Event, or defer my registration to a future Event, I may only do so where permitted in accordance with the Event specific withdrawal and/or deferment policies set out on the Event website (if any), and must do so myself. Any associated processing fee is non-refundable; • I may receive an event timing chip and band, which will remain property of the Operator. A recorded time slot is not guaranteed, and the timing chip and band must be returned on the date of the Event or I will be subject to a fee of $150, payable to Operator within 14 days after the Event; • By signing this form, I agree to release and waive the liability of Operator in relation to recreational services (as that terms is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) or dangerous recreational activity (as that term is defined in the Civil Liability Act 2002 (NSW), Civil Liability Act 2003 (Qld) and the Civil Liability Act 2002 (WA)) for any: death; or physical or mental injury of an individual (including the aggravation, acceleration or occurrence of such an injury of the individual); or the contraction, aggravation or acceleration of a disease of an individual; or the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to the individual or community or that may result in harm or disadvantage to the individual or community, other than that which was caused by reckless conduct; • The information provided in this Form is not exhaustive, other unknown or unanticipated activities, inherent or other risks and outcomes may exist, and the Operator cannot assure my safety or eliminate any of the risks. I understand I can and should consult Operator representatives if I have further questions about the activities or the associated risks; and • I am voluntarily participating with knowledge of the risks. Therefore, I assume and accept full responsibility for myself, for the inherent and other risks (both known and unknown) of the activities, and for any injury, damage, death or other loss I may suffer, resulting from those risks, including but not limited to the risk of my, a co-participant’s, a Released Party’s, a spectator’s, a volunteer’s, and/or a third party’s passive or active negligence or other misconduct.
RELEASE AND INDEMNITY Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows: • To the extent permitted by law, to release and not to sue the RSA and any applicable subsiaidary, Operator, Event sponsors, Event organizers, Event promoters, Event producers, Event directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.
OTHER PROVISIONS I understand and agree: • Any dispute or claim/s I may have arising out of, relating to or in connection with this Form, my enrollment or participation in the activities, or any other aspect of my relationship with Operator: 1) will be governed by Queensland, Australia substantive law (without regard to its “conflict of law” rules) and 2) unless settled by direct discussions, will be determined by binding arbitration as the sole and final remedy for all matters in dispute, in accordance with then-applicable arbitration rules as interpreted and governed by an arbitrator knowledgeable in the field and in commercial matters, acceptable to both the participant and Operator (or, failing that, one nominated by LEADR – Association of Dispute Resolvers (“Leadr”), shall conduct the arbitration). Further, I acknowledge and agree that any such arbitration shall be conducted and resolved on an individual basis only. Required Venue: I agree that any arbitration proceeding, or any suit or other proceeding must be filed, entered into and/or take place only in Brisbane, Queensland, Australia. • If I am signing as the participant’s legal guardian, I have the legal authority to act for the participant and on their behalf. If my guardian status is challenged or found invalid, I will defend and indemnify the Released Parties, to the fullest extent allowed by law and per the provisions of this Form, just as if I were the participant’s lawful legal guardian. • In regard to my relationship with Operator, I agree that the contents of this Form will take precedence over any other forms or contracts I may sign (for parties other than Operator) in connection with these activities. • If I use any of the automobile or motorcycle services provided or made available in connection with the Event (including without limitation any on-course automobile or motorcycle repairs), I agree to pay for the cost of such services (including the costs of replacement parts, etc.) upon receipt of applicable invoice(s). • To the extent there are situations in which I provide MSRA and Operator any of my personal property to hold, there may be times such personal property may not be returned to me. I waive any rights to such property and expressly consent to any and all actions the Operator may take with respect to such property, including but not limited to, disposal of such property. For example, I acknowledge and agree that Special Needs Bags (as referred to in the Event-specific athlete information guide) and any and all personal property therein may not be returned to me after the applicable aid station pick-up location, and I consent to any actions Operator may take with respect to such personal property. • In no event may I (or anyone else on my behalf) without the prior written consent of Operator, its assignees, or its designees: (a) use any intellectual property of Operator and/or its affiliates, including, but not limited to trade marks and names, the Operator logo, and/or any words or marks that refer to, or are suggestive of, or confusingly similar to, the Event, any Event logo, Event name, Event location, Event date, or Event distance (collectively, “Event IP”), or (b) sell, market, distribute, or produce any products, events, merchandise, websites, or services that are RSA or Operator branded, Event-branded, or branded or marked using (i) any Event logo, (ii) any Event name, (iii) any Event IP, or (iv) or including without limitation any foreign translation thereof as a prefix for, or component of, any event, trade name, trademark, organisation name, club name, or brand of any kind, in each case in any way related to motor sport and recreation, drivers, riders, training, coaching, or any motor sport or recreation. • I authorise MSRA, Operator staff, representatives or contractors to inspect any of the equipment I use (or intend to use) in connection with the Event, including but not limited to inspection of automobiles and motorcycles for concealment of any power aids or other artificial accelerating mechanism, by any inspection method selected by Operator. • I authorise and consent to Operator staff, representatives or contractors to conduct such public health safety screening activities by methods selected by Operator. While participating in the Event I agree to comply with any public health and/or safety directions of Operator staff, representatives or contractors, police, government or health authorities. Further, I consent to the collection and use (by Operator staff, representatives or contractors, police, government or health authorities) of my personal information for contact tracing purposes (if required). • I authorise Operator staff, representatives, contractors or other medical personnel (including but not limited to any medical director(s) of the Event) to obtain or provide medical care for me, to transport me child to a medical facility, and to provide treatment (including but not limited to evacuation, hospitalisation, blood transfusions, surgery and medications) they consider necessary for my health. I agree to pay all costs associated with that care and transportation. I agree to the release (to or by Operator and any medical director(s) of the Event, any event sanctioning body, insurance carriers, other health care providers and their staff, representatives or contractors) of any medical information or records necessary for treatment, referral, billing or other purposes. • Operator reserves the right, in its sole discretion, to dismiss any participant from the activities, to deny or revoke entry of any applicant at any time, and/or to disqualify any participant from the Event. If I am dismissed or depart for any reason, I agree I am responsible for all costs of early departure whether for medical reasons, dismissal, personal emergencies or otherwise. If my entry application is denied or revoked, I agree Operator is not responsible for costs incurred or damages suffered by me or my family in excess of the amount of the entry fee. In the event that Operator denies or disqualifies a participant from the Event (either before or during the Event), RSA or Operator will not refund any entry fees to the participant where the participant has misrepresented his/her eligibility to participate in the Event at the time of entry or has breached any of the conditions of this Form. • “Force Majeure” includes acts of God or the elements (including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake), acts of terrorism, communicable disease, public health risks, fire, smoke, threatened or actual strike, labour difficulty, work stoppage, insurrection, war, public disaster, flood, government order, change of law, unavoidable casualty, race course conditions, or any other cause beyond the control of Operator. I acknowledge and agree that Operator may, whether for safety reasons, at the direction of police or local authorities, or due to a Force Majeure event: (a) at any time, with or without notice, change or modify the event course, distances, routes, elevation, ascents, difficulty level, or any other Event course or Event aspect; or (b) delay, modify, or cancel the Event (or any leg(s) of the Event), including if it believes the conditions are unsafe or otherwise unsuitable for the Event, and Operator may delay the Event for so long as such unsafe or unsuitable conditions apply. If the event course or the Event is delayed or modified for any safety reasons, at the direction of police or local authorities, or due to a Force Majeure event, there will be no refund of Operator's entry fee (or any portion of) or any other costs incurred in connection with the Event, and I acknowledge and agree that in these circumstances any such delay and/or modification of the Event is a not a major failure within the meaning of the Australian Consumer Law, and that the delayed and/or modified Event remains fit for purpose and provided within a reasonable time. If the Event is rescheduled in its entirety at the direction of police or local authorities, or due to a Force Majeure event, I acknowledge and agree that my entry will be automatically transferred to the rescheduled Event (and, where such dates are unsuitable to me, the Operator may in its absolute discretion provide alternative options including transfer to the same event in the following year or an equivalent Operator event, subject to availability, or a credit note to the value of the Operator’s entry fee), that there will be no refund of Operator's entry fee (or any portion of) or any other costs incurred in connection with the Event, and that this Form will be deemed applicable to such rescheduled Event or other event, mutatis mutandis. If the Event is cancelled in its entirety at the direction of police or local authorities, or due to a Force Majeure event, I acknowledge and agree that my entry will be automatically transferred to the same event in the following year (and, where such dates are unsuitable to me or the event is not confirmed to take place in future years, the Operator may in its absolute discretion provide alternative options such as transfer to an equivalent Operator event, subject to availability, or a credit note to the value of the Operator’s entry fee), that there will be no refund of Operator's entry fee (or any portion of) or any other costs incurred in connection with the Event, and that this Form will be deemed applicable to such other event, mutatis mutandis. If the Event is cancelled for any reason other than at the direction of police or local authorities, or due to a Force Majeure event, Operator will provide a remedy consistent with its obligations under the Australian Consumer Law. • It is my sole responsibility to ensure that I can attend the Event and, in the event I am prohibited from attending the Event due to border closures or restrictions, Operator is not obligated to provide a refund of Operator’s entry fee (or any part thereof) or any other remedy. • The Event will be conducted by Operator in accordance with all health orders in place at the time of the Event, including any requirements of the State/Federal Government or State/Federal health authority and any conditions of a COVID-19 Safety Plan. Where the Event later becomes subject to a capacity or density limit, impacted participants (assessed by order of registration) will be invited to select from a number of options, including deferral into the same event in the following year or a full refund of Operator’s entry fee. • I grant to Operator, its parent companies and other affiliates, designees and assignees, and sponsors the right and permission to photograph, film, record and/or otherwise capture in any media the name, image, voice, written statement, photograph and/or visual likeness of me and/or my family members (collectively “images”), with right to sublicense, during the activities or otherwise, without compensation, for use for any purpose and in any media throughout the world in perpetuity, including but not limited to use in broadcasts, photographs, publications, podcasts, webcasts, motion pictures, brochures, CDs, DVDs, internet websites, social media platforms, television, and/or in any related commercial, informational, educational, advertising, or promotional materials. I understand that all ownership and copyright rights in the images will be owned by Operator, its assignees, or its designees, and I waive any inspection or approval rights. I understand and agree that my name, age, gender, bib number and race results will be available to the public during and after the Event. • Unless I specify to the contrary, I consent to Operator providing my personal information to (i) the official Event photographer as designated by Operator, who may contact me via email to alert me when photos from the Event are available on its website, (ii) any charities selected by me during the Event registration process (if any) and/or with Operator’s designated third-party charity platform service provider for the Event (the “Charity Platform Provider”), and (iii) other third parties for non-marketing related matters. The Charity Platform Provider provides fundraising services to Event participants who wish to raise funds for charities in connection with the Event. If I register with the Charity Platform Provider to fundraise for charities or if I elect to make a one-off donation to a charity via the Charity Platform Provider, I agree that this will be strictly subject to the Charity Platform Provider’s terms and conditions (as notified to me during such registration) and certain fees and/or other charges may be deducted from funds raised or donations as payment for these services. Operator has no responsibility to me in connection with such fundraising with the Charity Platform Provider and I release Operator from all claims whatsoever in connection with such fundraising. • I consent to my name and contact details being included on the Operator Event database and that unless I specify to the contrary, I will be subscribed to various Operator related publications which include a monthly newsletter and other promotional materials about upcoming events. I acknowledge that I am able to opt-out of these services at any time. I agree that if I choose not to be included on the Operator Event database I will still receive newsletters that relate to the Event in which I have registered. I also agree that it is my responsibility to obtain information and Event updates from the Event website, if applicable. • I consent to my personal information being collected, held, used and disclosed by Operator and/or any of its affiliates or related entities for the administration of the Event and as otherwise set out in the Event Privacy Policy, available on the Event website • Operator may assign this Form to other entity/s or individual/s (“assignees”) at any time, and any such assignment will grant assignees the full rights and protections accorded in this Form, consistent with Operator’s and other Released Parties rights and protections under this Form. • If I sign this Form both online and on-site, I agree that the on-site version of this Form, as that version may be amended from the online version, will be binding and control. I also understand that I may also be required to sign a version of this Form on-site. To the extent Operator permits my Event registration to be transferred to another race event, I acknowledge and agree that this Form will be deemed applicable to such other race, mutatis mutandis. • This Form is effective in regard to participant’s enrollment or participation in the activities from the date signed through the completion of all activities, and this Form will remain in full force and effect following completion of all activities. I also understand that it is not permitted for someone else to compete under my name or for me to compete under someone else’s name; doing so may result in my disqualification and lead to Operator banning both parties from competing in the event in future years. • This Form is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Form is deemed unlawful or unenforceable, it will not affect the enforceability of the remaining provisions, and those remaining provisions will continue in full force and effect. I, participant and parent/guardian of a minor participant agree: I have carefully read, understand and agree to voluntarily sign this Form and acknowledge that it shall be effective and legally binding upon me (and if I am participant’s legal guardian, participant), and my/participant’s, spouse, children and other family members, and my/participant’s heirs, executors, representatives, subrogors and estate. The adult participant (or his/her legal guardian) must complete all information and sign below. |
