1. I HEREBY AGREE with Motorcycling Australia Limited (“MA”) that I am by this agreement entitled to participate in the Motorcycle Activity/meeting listed in Schedule 2 (hereinafter called "the Meeting" or the “Event”) at the venue listed at Schedule 3 (hereinafter called "the Venue") on the terms and conditions set out in this document.
2. DEFINITIONS In this declaration:
a) “Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence BUT does NOT include:
(i) a claim against MA, the Motorcycling Organisations and the Indemnities by any person expressly entitled to make a claim under a MA Insurance Policy; or
(ii) a claim against MA or the Motorcycling Organisations under any right expressly conferred by its constitution or regulation;
b) “Indemnities” means and includes the persons, organisations and bodies corporate whose names appear in Schedule 1.
c) “MA” means Motorcycling Australia Limited;
d) “State Controlling Body” ("SCB") means a state or territory motorcycling association affiliated as a member of MA;
e) “Motorcycling Activity” means performing or participating in any capacity in any authorised or recognised Motorcycling Organisation event, meeting or activity;
f) “Motorcycling Organisation” means and includes MA, and the MA members (including the SCBs and affiliated clubs) and where the context so permits, their respective directors, officers, members, servants or agents.
3. RISK WARNING
I ACKNOWLEDGE that motorcycle sport is inherently dangerous and may involve risk. I recognise and understand that there are risks specifically associated with engaging in the sport (whether as a competitor, recreational rider, coach, official or media) which include, but are not limited to the following:
i) that physical and mental injuries can and often do occur, which may result in me being hurt or even killed;
ii) that my machinery or equipment may be damaged, lost or destroyed;
iii) that competitors may ride dangerously or with a lack of skill;
iv) that track or Event conditions may be hazardous and may vary without warning or predictability;
v) that organisers, officials, landowners/track operators and any agents or representatives of those in charge of meetings are frequently obliged to make decisions under pressure of time/or events;
vi) that any policy of insurance of or in respect of my life or physical or mental health may be voided;
vii) that there may be no or inadequate facilities for treatment or transport of me if I am injured; vii) that I have an obligation to myself and to others to act safely and within the rules and regulations of MA;
b) I acknowledge I should ensure I am aware of all of the risks involved, including those risks associated with any health condition I may have.
c) By signing this participant declaration form I acknowledge, agree, and understand that participation in the recreational services provided by MA, the Motorcycling Organisations and the Indemnities may involve risk.
I agree and undertake any such risk voluntarily and at my own risk. I acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation, including the Civil Liability Act 2002 (NSW), Civil Liability Act 2002 (WA) and Civil Liability Act (Tas).
a) I acknowledge that it is possible for a supplier of recreational services or recreational activities to ask me to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to me (or a person for whom or on whose behalf I am acquiring the services or activities).
b) I acknowledge that If I sign this participant declaration form, I will be agreeing that my rights (or the rights of a person for whom or on whose behalf I am acquiring the services) to sue the supplier in relation to recreational services or recreational activities that I undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out in Schedule 4 to this participant declaration form.
c) To the extent of any liability arising, the liability of MA, the Motorcycling Organisations and the Indemnitees will, at the discretion of MA, the Motorcycling Organisations and the Indemnitees, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the resupply of the services or payment of the cost of having the services supplied again.
5. INDEMNITY AND RELEASE
IN CONSIDERATION of the acceptance of me as a participant in the Meeting, I, to the extent permitted by law:
(a) release and will release the Indemnitiees from all Claims that I may have or may have had but for this release arising from or in connection with my participation in the Motorcycling Activity;
(b) release and indemnify the Indemnitiees against any Claim which may be made by me or on my behalf for or in respect of or arising out of my death whether caused by the negligence or breach of contract by the Indemnitees or in any other manner whatsoever; and
(c) indemnify and will keep indemnified the Indemnitees to the extent permitted by law in respect of any Claim by any person:
(i) arising as a result of or in connection with my competition or my participation in the Motorcycling Activities;
(ii) against the Indemnitiees in respect of any injury, loss or damage arising out of or in connection with my failure to comply with the Indemnitee's rules and/or directions. save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of the Indemnitees.
6. The release and indemnity provided by me in this declaration is in addition to, and will not in any way limit the application of, the conditions of sale attaching to tickets, conditions of entry, conditions of credentials or any other applicable terms or conditions in respect of the Event.
7. A term of this release and indemnity will not apply where the term contravenes the law of the relevant jurisdiction under which any legal action is legitimately taken however such terms are severable and do not invalidate the remaining terms.
I declare that I am and must continue to be medically and physically fit and able to participate in the Meeting. I will immediately notify MA in writing via my SCB of any change to my fitness and ability to participate. I understand and accept the Indemnitees will continue to rely upon this declaration as evidence of my fitness and ability to participate.
9. I acknowledge and agree that if required, the Indemnitees (or any of them) may arrange medical or hospital treatment (including ambulance transportation) for me. I authorise such actions being taken by the Indemnitees and agree to meet all costs associated with such action. I understand it is compulsory for me to have ambulance insurance in some form and I accept responsibility for the cost of ambulance transportation, ambulance cover and further agree to maintain ambulance cover during the term of my license / membership.
11. PERSONAL HEALTH INFORMATION
I hereby agree with MA and the SCB that in consideration for my participation in the Event that MA and the SCB may receive, collect, store and use personal health information about me in the manner set out below:
a) I ACKNOWLEDGE that:
i) If I am injured, become ill or die at or following the Event the services engaged to provide medical services in addition to any hospital at which I am treated (together “my Carers”) will have health related information about me in their possession, power and control relating to me which is subject to obligations imposed by the Privacy Act (“my Information”) and the Privacy Act is intended to protect my personal information;
ii) MA and my SCB wish to collect my Information for purposes that include their risk management programs, evaluating and improving the safety of MA and SCB events and of the Meeting organisers and facility providers of MA / SCB permitted events, and generally to reduce the risks to persons engaged in motorcycle sport; and
iii) It is reasonable for MA and my SCB to collect, store, use and disclose my Information in accordance with clause 11(a)(i) above and in the manner set out in clause 11(b). b) IN CONSIDERATION of my acceptance as a participant in the Meeting I consent and agree that MA and my SCB: i) may collect and store any of my Information, including obtain my Information from third parties including my Carers; ii) may use any information collected in accordance with this clause for any purpose consistent with creating safer competition in motorcycle sport and events held by or in conjunction with MA, my SCB, or with an MA or SCB permit;
c) I irrevocably authorise MA and my SCB and hereby appoint MA and my SCB as my lawful attorneys to collect from my Carers, and I hereby direct my Carers to provide to MA or my SCB upon request being made by MA or my SCB, any of my Information including but not limited to any information concerning any incident or event causing or contributing to or resulting from any injury, illness or death to me, the details of any diagnosis and prognosis provided to me by my Carers (or any party with the knowledge of any of my Carers), and any other matter to the knowledge of my Carers that might reasonably be considered to be requested by MA or my SCB for the purpose of improving safety at MA and SCB events
12. POLICIES AND REGULATIONS
a) I acknowledge, understand and agree that it is a condition of my participation in the Event that I agree to be bound by, and subject to, the rules, regulations and jurisdiction of MA as amended from time to time. Copies of all MA rules, policies and regulations are available by contacting the MA office. I agree to follow any rules set by the Motorcycling Organisations in connection with any Motorcycling Activities and if I fail to comply with the Motorcycling Organisations rules and/or directions, I will not be permitted to participate or continue to participate and no refund will be given.
b) All participants are bound by the MA anti-doping policy and thus understand they may be subject to drug testing. Testing conducted by the Australian Sports Anti-Doping Authority ("ASADA") is in accordance with the ASADA Act and the National Ant-Doping Scheme. This involves the taking of a sample (any human biological fluid or tissue whether alive or otherwise, or any human breath) for the purpose of detecting the use of a Prohibited Drug or Doping Method. Any participant infringing MA’s policy or refusing a drug test may be disqualified or otherwise dealt with in accordance with the terms of the anti-doping policy
13. RIGHT TO USE IMAGE Right to Use Image:
I acknowledge and consent to photographs and electronic images (including, but not limited to, moving images) being taken of me during my participation in the Event. I acknowledge and agree that such photographs and electronic images are owned by Motorcycling Australia and it may use the photographs and electronic images for promotional or other purposes without my further consent being necessary. Further, I consent to Motorcycling Australia using my name, image, likeness and also my performance in the Event, at any time, by any form of media, to promote Motorcycling Australia or the Event.
14. PREVAILING CONDITIONS
You acknowledge and agree that:
(a) motorcycling and the Motorcycling Activities can and will be affected by the weather which may change without warning;
(b) there is often an element of the "luck of the prevailing conditions" when undertaking the Motorcycling Activities over which the Motorcycling Organisation or any of them have no control;
(c) unintended incidents may occur during motorcycling including defects in the track hidden.
The governing law of this agreement is the law of the state of Victoria (‘Jurisdiction’). You irrevocably and unconditionally consent and submit to the Jurisdiction of the courts of the Jurisdiction in which any incident occurs and waive any right to object to the exercise of such Jurisdiction
I THE UNDERSIGNED STATE THAT I HAVE READ AND UNDERSTOOD THIS PARTICIPANT DECLARATION (INCLUDING THE RISK WARNING AND WAIVER) AND AGREE TO THE TERMS AND CONDITIONS AS STATED.