Risk Warning, Waiver, Release and Indemnity
- I understand and accept these terms and conditions, and agree to be bound by them. I warrant that my participation in any cycling events or cycling groups organised, led or sponsored by Attaquer Pty Ltd (Attaquer) or its related entities, employees, contractors, agents or volunteers (the Event), are subject to these terms and conditions.
- I warrant that I understand the nature and dangers of cycling, and I am a competent cyclist in good health and proper physical condition necessary to participate in the Event.
- I acknowledge that the Event is a recreational activity which involves a significant degree of physical exertion and physical risk, and I participate in the Event for the purposes of recreation, enjoyment or leisure. To the extent permitted by law, any express or implied warranty that the Event, as a recreational activity, will be provided by Attaquer with due care and skill is hereby excluded.
- I declare that my cycling equipment and other personal effects provided by me to participate in the Event are mechanically sound, in a good state of repair and are suitable for my safe participation in the Event.
- I acknowledge that the Event will be conducted on public roads upon which there are inherent risks and dangers.
- I acknowledge and fully understand that the inherent risks arising from my participation in the Event include, but are not limited to, the risk of damage to my equipment, injury and even death, and I participate in the Event voluntarily and at my own risk. I agree that these terms constitute a 'risk warning' in accordance with the Civil Liability Act 2002 (NSW).
- I warrant that I will comply with any and all road rules and regulations for cyclists, and I will wear an approved cycling helmet securely fitted and fastened at all times during the Event. If I fail to comply with any road rules and/or directions of Attaquer, I will not be permitted to participate or to continue to participate in the Event.
- I warrant that I will act reasonably and safely at all times, and I will not consume alcohol or any mind-altering substance before or during the Event.
- I on behalf of myself, my executors, beneficiaries and personal representatives unconditionally and irrevocably release and indemnify the Event, Attaquer and its related entities, employees, contractors, agents and volunteers from all claims, damages, actions, suits, liabilities and demands which arise from or in any way relate to my participation in the Event.
For the avoidance of doubt, I on behalf of myself, my executors, beneficiaries and personal representatives:
- unconditionally and irrevocably waive my right to make or bring any action, suit, proceedings, claim or demand against Attaquer however arising from or in connection with the Event;
- unconditionally and irrevocably release the Event, Attaquer and its related entities, employees, contractors, agents and volunteers from any liability in relation to any injury (including the aggravation, acceleration or recurrence of an injury), loss, death or damage I suffer in the course of or relating to my participation in the Event, whether such injury, loss, death or damage was incurred directly or indirectly or by any negligence on behalf of the Event, Attaquer or its related entities, employees, contractors, agents or volunteers.
I have been advised that I should have my own personal insurance in place before participating in the Event, and I understand that the other participants in the Event may include people who:
- may or may not be affiliated with a cycling club; and
- may or may not have individual rider insurance.
I warrant that I have otherwise undertaken my own inquiries in relation to my insurance requirements.
- These terms and conditions are to be governed by the laws of NSW, the Courts of which shall have exclusive jurisdiction to govern the entire agreement between me and Attaquer. If any part or provision of these terms and conditions is determined by a Court to be invalid or unenforceable, all other parts and provisions shall still be given full legal force and effect.
- I have carefully read and fully understand these terms and conditions and I repeat the above representations and warranties each time I participate in the Event.