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DEFINITIONS
"Participant" means the person whose name appears below.
"Provider" means Territory MX Park Pty Ltd (ACN 698 593 761).
"Released Parties" means Territory MX Park Pty Ltd (ACN 698 593 761), the leaseholder of the property, and the landowner of the property, together with each of their respective directors, officers, employees, volunteers, contractors and agents.
"Recreational Activity" means the motorcycling and motocross activity provided by the Provider.
"Recreational Services" means the organisation of and delivery of the Recreational Activity.
The purpose of this Agreement is to exclude the liability of the Released Parties to the extent permissible by law to pay damages or any other form of compensation for any personal injury or death suffered by me resulting from participating in the Recreational Activity.
I acknowledge that the Recreational Activity involves the risk of serious injury, physical harm or death. I understand that motocross is a high-risk activity and hazards include but are not limited to: falls, collisions with other riders or track infrastructure, mechanical failure, constructed jumps, tabletops, berms, rhythm sections and other purpose-built obstacles, uneven terrain, and actions of other participants. I confirm that I have inspected the track and am satisfied it is suitable for my skill level prior to riding. I acknowledge that I am voluntarily assuming all risks associated with the Recreational Activity with full knowledge of those risks (Volenti non fit injuria).
I acknowledge that in signing this Agreement I have done so voluntarily and that no pressure or unfair tactics have been used to persuade me to sign, and that I have done so in the knowledge that it is open to me not to sign and to elect not to participate.
I release and forever hold harmless the Released Parties from and against any claims, actions, suits, proceedings or liabilities of any kind in respect of any personal injury or death suffered by me arising from or in connection with my participation in the Recreational Activity or my presence on the property.
I agree to indemnify the Released Parties against any claims, actions, suits, proceedings or liabilities in respect of any personal injury or death suffered by me or any person for whom I am responsible arising from or in connection with my participation in the Recreational Activity or my presence on the property.
I agree that the liability of the Released Parties for any personal injury or death resulting from the supply of Recreational Services is excluded to the fullest extent permitted by law, including pursuant to section 139A of the Competition and Consumer Act 2010 (Cth). I acknowledge that I am voluntarily assuming all risks associated with the Recreational Activity with full knowledge of those risks.
I agree that the Released Parties accept no liability for any theft, loss or damage to motorcycles, riding gear, vehicles or any other personal property brought onto the premises, howsoever caused. This clause is separate and independent from the personal injury and death exclusions in Clauses 4, 5 and 6 above.
I declare that I am in good physical health and am not aware of any medical condition, disability or impairment that would make it unsafe for me to participate in the Recreational Activity. I understand it is my responsibility to seek medical advice if I am unsure.
The Provider strongly recommends that all Participants obtain their own personal accident and injury insurance prior to participating in the Recreational Activity. The Provider accepts no responsibility for any costs, losses or damages arising from a Participant's failure to obtain adequate personal insurance coverage. By signing this Agreement, the Participant acknowledges they have been advised to obtain appropriate insurance and have either done so or have chosen to participate without it.
I confirm that I have read and understood this Agreement in its entirety, that I am 18 years of age or older (or that the Parent/Guardian Deed of Indemnity above has been completed by my parent or legal guardian), and that I agree to be bound by its terms.
By signing above you are electronically executing this legally binding waiver. A copy will be emailed to you.
, your waiver has been signed and recorded with Territory MX Park Pty Ltd.
Signed at:
A confirmation has been emailed to you. Screenshot this page for your own records. Your session sticker will be issued at the gate.
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