WaiverIndemnity | Calder Park Raceway

WTF ENTERTAINMENT PTY LTD & CALDER PARK RACEWAY PTY LTD WAIVER, RELEASE & INDEMNITY

SPECIAL NOTES-persons proposing to enter Calder Park Raceway are required to complete this waiver. This must be signed by all persons seeking entry to these premises to participate in any event or activity as a participant/crew member/official/ observer/spectator or visit. Persons who object to signing this waiver/release may choose not to enter the premise at their own volition.

PARTICIPANTS ACKNOWLEDGEMENT OF RISK STATEMENT INCLUDING WAIVER, RELEASE, AND INDEMNITY

This is an important document which affects your legal rights and obligations. Read it carefully and do not sign it unless you are satisfied that you understand it. If you have any questions, please ask a representative of Calder Park Raceway or the management of any of the companies set out below.

1. The Release - means WTF Entertainment Pty Ltd and Calder Park Raceway Pty Ltd (Controller Appointed) and each of their respective related parties and related bodies corporate (within the meaning of the Corporations Act 2001) and includes any promoter, participant, race association, sanctioning organisation, official rescue personnel, pit crew, sponsors, advertisers, car owners or drivers, lessees or licences or users of the premises used to conduct the Event or Events, premises and Even inspectors, surveyors, underwriters, consultants and the who give recommendation directions or engage in risk evaluation or loss control activities regarding the premises or Events and each of the directors, officers, agents and employees of any person or entry referred to in this Clause 1.

2. The Event - means any activity or event taking place at Calder Park Raceway including any activity which involves motor racing, drag racing, practice sessions or any other Event involving motor vehicles or motorcycles or other associated activities and includes any future Event.

3. Participant:- means the person named below as the participant and each of that person’s legal personal representatives, heirs, assigns and next of kin and employees (and specifically includes, where the Participant is a minor, the minor’s parent, parents or legal guardian or guardians named below). A Participant may be a visitor to the premises and need not be actively participating in a sporting event.

4. Medical declaration:- I declare that after careful consideration I am not subject to any existing injury, medical condition or treatment that may render me unsuitable for participation in the Event, whether as a driver, passenger, crew member, spectator or in any other capacity.

5. Risks of the Event:- I acknowledge that the risks of participation (which includes passive participation such as spectating or site visits) in the Event include, without limitation, being hit by a vehicle or hitting another vehicle, being hit by debris from vehicles or parts of the track or things on the track, colliding with safety barriers/fencing or other fixed or movable objects, crashing due to the surface of the track, suffering any physical or physiological injury, crashing due to debris on the track, slipping, tripping and falling, injury through acts of violence whether harmful acts committed by persons attending or participating in the Event and the risks specifically include death from any of the above incidents.

6. Statutory limitation of liability:- the Competition and Consumer Act 2010 (‘the Act’) implies into contracts for the supply of certain goods and services, warranties that services will be rendered with due care and skill and that goods supplied will be reasonably fit for purpose. Those provisions do not apply to this contract to the extent that they can be excluded insofar as they relate to liability for death, personal injury or property damage or loss from the Event or participation in the Event. In particular:

(a) The application of the Act is excluded and all rights under that section are excluded and all liability of the Releasee is excluded in relation to the supply of recreational services and in relation to a breach of any warranty implied by that section in relation to the supply of recreational services under this Contract to the extent that the exclusion, restriction and modification is limited to liability for death or personal injury.

(b) The participant acknowledges that the Event constitutes a recreational service within the meaning of the Act as the Event is a sporting activity or similar leisure time pursuit or other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purpose of recreation, enjoyment or leisure.

(c) Warning under the Act: Under the provisions of the Act several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that the supplier named on this form (ie the Releasee) is required to ensure that the recreational services it supplies to you are rendered with due care and skill, are as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances and are reasonably fit for any particular purpose or might reasonably be expected to achieve any result you may have made known to the Releasee. Under the Act, the Releasee is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the Releasee under the Act if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted, or modified in the way set out in this form. Note: the change to your rights as set out in this form, does not apply if your death or injury is due to gross negligence on the Releasee’s part.

7. Acknowledgements:- I acknowledge that:

(a) I am the Participant;

(b) I am being supplied with a recreational service by the Releasee;

(d) I may be injured or die as a result of my participation in the Event;

(e) My personal property may be lost or damaged or destroyed as a result of my participation in the Event;

(f) Other people may cause me injury or may damage my property in the course of my participation in the Event;

(g) I may cause injury to myself or other persons or damage my property or the property of others in the course of my participation in the Event;

(h) The natural conditions in which the Event is conducted may vary without warning;

(i) My participation in the Event is voluntary and I have not been required by the Releasee to engage in the Event;

(j) I have disclosed any pre-existing medical or other condition that may affect the risk that either I or any other person will suffer injury, loss or damage;

(k) The Releasee relies on the information provided by me and I state that all such information is accurate and complete and not misleading in any way.

(l) I am aware of the dangers associated with the consumption of alcohol, mind altering substance, drug or other substance which may impair my judgment or physical ability or capacity to safely participate in the Event and accept full responsibility for any injury, loss or damage (including death) associated with my consumption of alcohol, mind altering substance, drug or other substance which impair my judgment, physical ability or capacity to safely participate in the Event;

(m) I have not relied upon any advice, representations or inducements by or on behalf of the Releasee in deciding to participate in the Event or in deciding to sign this document;

(n) I have been warned of the risks of the Event;

(o) Participation in the Event may also involve other risks not noted in this form

(p) The Releasee has placed signs around the venue on which the Event is to be conducted warning of the risk of injury and I have read the signs and understand the warnings provided;

(q) The Releasee has provided me with warnings of the risks associated with the Event and the risks of physical or physiological harm in participating in the Event;

(r) The Releasee has the right to terminate an event at any time in its absolute discretion.

8. Assumption of Risk:- Notwithstanding the significant risks of physical harm, injury and death inherent in the Event, some of which are noted in this document, I agree to participate in the Event solely at my own risk.

9. Waiver, Release and Indemnity: -

(a) I agree to release and hold harmless the Releasee from and against any liability arising out of any injury, loss, damage or death caused to me or my property or any other person arising from or in connection with my or the Participant’s participation in the Event whether such injury, loss, damage or death was caused directly or indirectly by negligence, breach of contract or any other way whatsoever.

(b) I agree to indemnify and hold harmless the releasee from all claims, damages, losses, injuries and expenses arising out of or resulting from my or the Participant’s participation in the Event. This indemnity extends to all claims made by any other person against the Releasee in respect of any injury, loss or damage arising out of or in connection with my or the Participant’s participation in the Event.

(c) I agree to indemnify and hold harmless the releasee from all claims, damages, losses, injuries and expenses arising out of or resulting from my or the Participant’s participation in the Event. This indemnity extends to all claims made by any other person against the Releasee in respect of any injury, loss or damage arising out of or in connection with my or the Participant’s participation in the Event.

10. Miscellaneous:-

(a) I agree to comply with all rules and directions made or given by the Releasee in connection with the Event. I understand that if I fail to comply with the rules and/or directions of the Releasee, I may be injured or injury someone else. Further, I understand that I will not be permitted to continue the Event and no refund will be given.

(b) I agree to report all accidents, injuries or loss or damage sustained by me, to the Release before I leave the site on which the Event is performed.

(c) I agree that if I suffer any injury or illness, the Releasee may provide or arrange evacuation, first aid and medical treatment at my expense.

11. Declaration by Guardian:- Where the Participant is a minor under any law, the parent or guardian named below acknowledges and agrees that:

(a) I have read the whole of this document and agree to be bound by it.

(b) I consent to the minor participating in the Event to the full extent and agree to be wholly responsible for any act or omission of the minor.

(c) I have advised the minor of the risks involved in participating in the Event and of the effect of signing this document.

12. Execution of Document:-

(a) I acknowledge that I have read the document warning me of the risk of my participation (or the participation of the minor) in the Event;

(b) I fully understand its terms and that I have given up substantial rights by signing the document;

Agree & Sign