Please read the Race Waiver below, that is agreed upon when you register for any WA Gravity Enduro Mountain Bike Event.

This agreement relates to the participation (including spectating and attendance) (Participation) in WA Gravity Enduro (Event) including the use, enjoyment, maintenance and construction of riding trails, tracks and roads. It is a condition of Participation in the Event that participants and spectators (You) accept personal liability for risk associated with Participation (including spectating) in the Event.

RISKS – INJURY, DEATH, FINANCIAL LOSS

There is a risk that You may suffer physical injuries as a result of Participation in the Event, such as muscle injuries, broken bones, concussion, back and neck injuries, paralysis and even death. Mountain biking is a dangerous activity.

It is possible that injury or death may cause emotional and mental injury, and may affect your ability to work or enjoy other aspects of life. You may suffer financial loss as a result, including medical costs and loss of income. You may suffer serious injuries such as paralysis, loss of sight or hearing or even death.

WA GRAVITY ENDURO, AUSCYCLING, PUBLIC AND PRIVATE LANDOWNERS, LOCAL COUNCILS, STATE GOVERNMENT AND ANY OTHER ADJOINING STAKEHOLDERS (PARTIES) RECOMMEND THAT YOU WEAR PROTECTIVE CLOTHING AND EQUIPMENT WHEN PARTICIPATING IN THE EVENT and assess the risk of injury, death or loss occurring as a result of Your voluntary actions. In particular:

• Choose spectating locations which minimise risk
• Stay on paths and trails which have been designed for access;
• Do not climb trees or vegetation;
• Do not traverse steep embankments, ledges or rocks;
• Be aware of usual risks that exist in the natural environment, including loose and uneven surfaces, venomous bites and stings and allergic reactions; and
• Keep minors in your care or control under close supervision

You may choose to wear protective clothing and equipment when Particpating in the Event, but that wearing protective clothing and equipment may not prevent you from suffering injury, death or loss.

Assumption of Liability and Conditions of Sale

In consideration for the Parties allowing you to enter Land to Participate in the Event, You agree to the following:

1. You enter the Land freely, voluntarily and at Your own risk in respect of Participation in the Event. In doing so, You voluntarily assume liability for the risk of injury, death or loss in respect of Your (including any minor in your care or control) Participation in the Event whilst on or in the vicinity of the Land, to the extent permitted by law;
2. You acknowledge the risk of injury, death and loss resulting from Your Participation in the Event, including risks relating to the natural environment in which the Event occurs;
3. You release and waive your legal rights against the Parties and each of them in respect of liability (including consequential loss such as loss of income) for injury, death, loss and damage suffered or incurred by You (including any minor in your care or control) in relation to the Event;
4. You indemnify the Parties and each of them in respect of liability (including consequential loss such as loss of income) for injury, death, loss and damage suffered or incurred by You (including any minor in your care or control) in relation to the Event;
5. You waive all statutory warranties and representations against the Parties and each of them in relation to the provision or supply of services or goods in relation to the Event, including pursuant to the Civil Liability Act 2002 and the Australian Consumer Law;
6. You will report any material risk of injury, death, loss or damage which you become aware of in relation to the Event to the Parties as soon as practicable after you become aware of that risk;
7. You warrant that you are authorised to enter into this agreement in respect of each and every person under your care and control who is under the age of 18, for the purpose of waiving and assuming liability for the legal rights of those minors against the Parties;
8. You acknowledge that the Parties may not have insurance cover, or adequate insurance cover, in respect of any injury, death, loss or damage which You (including any minor in your care or control) may suffer in respect of Participation in the Event;
9. You agree that, if You (including any minor in your care or control) require urgent medical treatment in connection with Participation in the Event, the Parties and their agents can make such judgements as they think are reasonable or necessary in relation to Your urgent treatment, for which purpose they may engage medical services and specialists on Your behalf (as your agent);
10. You agree to indemnify the Parties and each of them in relation to the cost of providing medical treatment (including the cost of medical specialists, ambulance services, medical services and hospital attendances) referred to in clause 9; and
11. If any part of this agreement is void, voidable or unenforceable because it is in breach of the Civil Liability Act 2002 or the Australian Consumer Law, You agree that the affected part of this agreement is repeated but subject to a limitation that the liability of the Parties to You (including any minor in your care or control) is not diminished in respect of the reckless conduct of the Parties or any person for whom the Parties are liable. For the purposes of this clause, reckless conduct means conduct which the Parties or any of them are aware, or should reasonably have been aware, carries a significant risk of personal injury to another person, and the Parties or any of them engages in the conduct despite the risk and without adequate justification.

Nothing in this agreement diminishes the liability of the Parties or any of them to You in respect of the provision of accommodation and hospitality services of the kind ordinarily supplied by the Parties to their customers and guests from those parts of Land which are designed and developed for such use (other than the riding trails and related facilities).

END