Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement
WARNING! Motor racing is dangerous, and accidents can and do happen.
If you choose to enter this event, you are warned that there is a possibility of an accident-causing personal injury or death.
Subject to that warranty, if applicable and in consideration of being permitted to compete, officiate, observe, work for, or participate in any way in the event(s) or being permitted to enter for any purpose any restricted area (defined as any area requiring special authorization, credentials, or permission to enter any area to which admission by the general public is restricted or prohibited), the undersigned, for themselves and for their personal representatives, heirs and next of kin, hereby:
1. Acknowledges, agrees and represents that they enter and they further agree and warrant that, if at any time, they are in or about restricted areas and they feel anything to be considered unsafe, they will immediately advise the officials of such and will leave the restricted areas and/or refuse to participate further in the event(s).
2. Releases, waives, discharges and covenants not to sue Australian Auto-Sport Alliance Pty. Ltd.(AASA), Albury Wodonga and Districts Car Club (AWDCC), the landowners, promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, officials, car owners, drivers, pit crews, rescue personnel, any persons in any restricted area, promoters, sponsors, advertisers, owners and lessees of premises used to conduct the event(s), premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions or instructions or engage in risk evaluation or loss control activities regarding the premises or event(s) and each of them, their directors, officers, agents and employees, all for the purposes as herein referred to as “releases”, from all liability, to the undersigned, their personal on account of injury to the person or resulting in death of the undersigned arising out or related to the event(s), whether caused by the negligence of the releasees or otherwise.
3. Assumes full responsibility for any risk of personal injury or death arising out of or related to the event(s) whether caused by the negligence of releasees or otherwise.
4. Acknowledges that the activities of the event(s) are very dangerous and involve the risk of personal injury and/or death
5. Expressly acknowledges that injuries received may be compounded or increased by negligent rescue operations or procedures of the releasees.
6. Assumes full responsibility for the preparation and safety of the vehicle to be used and further gives an assurance that the vehicle has been checked for safety and is in a condition fit to be used for motor racing.
7. Agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releases, including negligent rescue operations and is intended to be as broad and inclusive as is permitted by the law of the State of Victoria and the Australian Consumer Law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
8. Acknowledges that they release, waive and discharge all rights to sue for compensation for all actual or alleged loss, liability, damage, compensation, injury, sickness, disease, death, medical payment, defence cost, cost, expense or any other amount, directly or indirectly and regardless of any other cause contributing concurrently or in any sequence, originating from, caused by, arising out of, contributed to by, resulting from, or otherwise in connection with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease.
9. Acknowledges that loss, liability, damage, compensation, injury, sickness, disease, death, medical payment, defence cost, cost, expense or any other amount, includes, but is not limited to, any cost to clean-up, detoxify, remove, monitor or test for a Communicable Disease.
10.Acknowledges that a Communicable Disease means any disease which can be transmitted by means of any substance or agent from any organism to another organism where:
a. the substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not, and
b. the method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between organisms, and
c. the disease, substance or agent can cause or threaten bodily injury, illness, emotional distress, damage to human health, human welfare or property damage.
The Entrant further acknowledges that they fully understand they have given up substantial rights by entering this event and by participating in the event in any form. Further, they acknowledge they have entered voluntarily without any inducement, assurance or guarantee being made to them.
By entering this event the Entrant has agreed to completely and unconditional release all liability to AASA and AWDCC to the greatest extent allowed by law.
