INSURANCE & WAIVER
Max Adventure is covered by its own public liability insurance. This does not include personal accident insurance . It is strongly recommended to take out your own personal accident and ambulance cover for the event. Your private health insurance policy may include this, but you will need to check with them.
ACKNOWLEDGEMENT, WAIVER AND RELEASE (SECTION 5M CIVIL LIABILITY ACT 2002) COMPETITORS WARNING: THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS. PLEASE READ ALL OF THE DOCUMENT CAREFULLY. ALL COMPETITORS MUST ACCEPT THESE CONDITIONS.
- “Organiser” and “the organiser” means Max Adventure Pty Ltd or assignees.
- “The event” means Coastal Classic event including all categories and course distance options.
NOTE: Section 74 of the Trade Practices Act (“Act”) implies a warranty of due care and skill into contracts for the supply of services to consumers, as defined in the Act. To the extent that the warranty applies to any contract relevant to the Release and Waiver of Liability, it cannot be excluded.
1. I understand and acknowledge that participating in the Coastal Classic is an inherently dangerous activity. The Event will involve mountain biking both on and off road on rough loose surfaces and sometimes slippery surfaces, there may be unmarked hazards, dangerous cliffs and dangerous wildlife. I am aware of the hazards involved and acknowledge that there is always risk of injury (including permanent injury, mental injury, paralysis and death) and damage to my property. The hazards include, but are not limited to, remoteness from assistance or medical aid, the nature of the Event including vehicle and pedestrian traffic, collision and contact with other participants, actions of participants and spectators, weather conditions, hypothermia and heat exhaustion, physical exertion, condition or suitability of participant’s equipment. In my judgment I have sufficient competence, experience and equipment to participate in all Event activities in a manner safe to myself and others.
2. I certify that I am physically fit and that I have sufficiently trained for participation in the Event and have not been advised otherwise by a qualified medical person that I cannot participate in the Event and that I have been given the opportunity by the organiser to attend a pre event briefing session. I acknowledge that I must, and I agree that I will, disclose 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.
3. I acknowledge that the organiser relies on information provided by me, and that all such information is accurate and complete.
4. I understand and acknowledge the dangers associated with the consumption of alcohol or any mind‐altering substance before or during the event, and I accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind‐altering substance.
5. I agree to abide by the Event rules and directions of officials. In particular, I acknowledge that I must wear an approved helmet at all times during the Event. The helmet must comply with the Australian and New Zealand Standard AS/NZ2063, be properly fitted and securely fastened. If I fail to comply with the organisers rules and/or directions, I will not be permitted to participate or to continue to participate and no refund will be given.
6. In consideration of being allowed to participate in the Event, I (on my own behalf and on behalf of my executors, administrators, heirs, next of kin, successors and assigns):
6a. WAIVE, RELEASE AND DISCHARGE from any and all liability for death, disability, personal injury, property damage, property theft and all other risks, claims or actions of any kind (including breach of contract, acts of negligence to the fullest extent permitted by law) whatsoever and however occurring, together with any legal fees incurred as a result of any such claim whether it is valid or not, which I at any time had or have as a result of or in connection with, directly or indirectly, my participation in and my travelling to and from the Event the following person or entities: Max Adventure Pty Ltd. and assignees, Event sponsors, Event producers, volunteers, community organisations, all State, Federal and Local Government authorities in which the Event may be staged and the owners, licensees or occupiers of any property upon which I enter and their (its) respective officers, directors, employees, independent contractors, sponsors, representatives, agents, members and volunteers, including medical and paramedical personal appointed for the Event;
6b. INDEMNIFY AND HOLD HARMLESS the persons or entities mentioned in paragraph 6(a) from any and all liabilities, claims or actions (including negligence) whatever or however caused arising as a result of or in connection with, directly or indirectly, my participation in and travelling to and from the Event, including any claim by my (or my team’s) support crew or any person assisting me or my team;
7. I acknowledge that I am responsible for my personal possessions and equipment during the Event.
8. I accept the communications, search, rescue and medical aid arrangements put in place by the organisers. I understand and agree that in the first instance I am responsible for the provision of first aid to myself and those around me. As a competitor or support crew I am responsible for myself or my team’s timely removal from the course to a medical facility. If I suffer any injury or illness, I agree that the organiser may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.
9. I certify that the medical information supplied by me on the entry form is true and I consent to and authorise that information to be provided to any medical practitioner, ambulance officer or any person involved or associated with any medical treatment or assistance that may be given to me as a result of my participation in the Event, regardless of whether the treatment is given.
10. I acknowledge that the Event arranged insurance covers public liability and not myself whilst participating in this event. I am responsible for my personal accident insurance and ambulance cover.
11. I agree to allow my photograph, video, multimedia or film likeness and or name to be used for any legitimate purpose by Max Adventure Pty Ltd., its sponsors or assigns without payment or compensation.
12. Max Adventure Pty Ltd, in its sole discretion, may delay, modify, postpone, alter the course or cancel the Event if it believes the conditions on the race day are or will be unsafe following the commencement of the event.
13. If, the Event is cancelled without an option to reschedule, including but not limited to acts of God or the elements (including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labour difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, race course conditions, or any other cause beyond the control of Max Adventure Pty Ltd there may be a pro rata refund of any participant entry fees paid in accordance to consumer laws. There will be no payment for any other costs incurred by participants in connection with the event
14. If, the Event is delayed, modified, or postponed for any reason, including but not limited to acts of God or the elements (including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labour difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, race course conditions, or any other cause beyond the control of Max Adventure Pty Ltd no refunds will be issued.
15. EXCLUSION FROM THE EVENT
I agree to abide by the Event rules and directions of officials, and I understand that my entry may be voided if through my actions or behaviour. Max Adventure Pty Ltd reserves the right to exclude any entrant or participant from the event, for reasons including but not limited to:
(i) failing to comply with Max Adventure Pty Ltd.’s directions;
(ii) not being in the opinion of Max Adventure Pty Ltd in a fit state to participate;
(iii) being un‐financial or owing monies to Max Adventure Pty Ltd.
(iv) for any reason determined by Max Adventure Pty Ltd, which determination shall be deemed reasonable.
I ACKNOWLEDGE THAT I HAVE READ THIS ASSUMPTION OF RISK AND THAT IT HAS BEEN EXPLAINED TO ME, AS REQUIRED. I FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I SIGNED THE DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT MADE TO ME AND INTEND MY SIGNATURE OR OTHER ACKNOWLEDGEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.