Chateau Group Ride Waiver
DEED OF WAIVER OF LIABILITY, INDEMNITY AND RISK (Deed)
BETWEEN Specialized Australia Pty Ltd (ACN 166 166 874) of 251 Salmon Street, Port Melbourne, Victoria (Specialized) AND The person named in the Schedule (Rider)
The Australian Consumer Law (“ACL”) imposes some guarantees on the supply of goods and services to consumers. These guarantees require Specialized, its related entities, their vendors, suppliers, employees, agents and insurers (Suppliers) to ensure that the goods and services they supply to you are:
a) Delivered with all due care, skill and diligence;
b) Are reasonably fit for any purpose; and
c) Might reasonably be expected to achieve any result, that you have made known to the suppliers.
I fully understand and acknowledge that I have carefully read this Deed and that in signing this Deed, and in consideration of being permitted by Specialized to participate in any of the Events named in the Schedule, I, the Rider, on behalf of myself, my personal representatives and my heirs, or as a parent or guardian acting on behalf of the minor Rider named in the Schedule, hereby voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify the Suppliers and all its members from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of participation in the Event, or from any failure of the goods or services provided to comply with these guarantees, are excluded, restricted or modified by the terms set out in this Deed. However, the changes to my rights under this Deed, do not apply if such death or injury is a result of the gross negligence on the part of any of the Suppliers.
I specifically understand that I am releasing, discharging, and waiving any claims or actions that I may have presently or in the future and agree to be bound by the terms of this Deed. I, being the Rider named in the Schedule, or the parent or guardian acting and signing on behalf of a minor Rider, acknowledge and agree:
1) That the Event in which Specialized is permitting the Rider to participate is a recreational event, and as such, any guarantees imposed on the supply of such services and associated goods to a consumer by operation of the Australian Consumer Law are hereby excluded to the full extent permissible by law.
2) That participation in the Event may expose the Rider, to risks including but not limited to the risks of physical injury or death, and that other people may act dangerously or with a lack of skill or property may be lost, stolen, damaged or destroyed.
3) That the Suppliers are not able to guarantee the behaviour or actions of other participants in the Event, the public or any other person which the Rider may encounter and which behaviour or action may result in the Rider being physically injured or killed and that these risks cannot be avoided by actions or reasonable care by the Suppliers.
4) To voluntarily assume the risks to which the Rider is exposed in undertaking to participate in the Event, including the risk that injuries which may be sustained may be complicated by any emergency treatment, rescue operation or procedure carried out by Suppliers.
5) That accidents can and often do happen when undertaking Events and that such accidents may result in the Rider being injured or killed, property being lost, stolen, damaged or destroyed.
6) That if the Rider is involved in an accident during the Event, the Suppliers reserve the right to call an ambulance or other emergency assistance service on the Riders behalf. The Rider, or parent or guardian acting and signing this Deed on their behalf where applicable, will be fully responsible for all costs associated with emergency assistance.
7) That I, as the Rider, or as the parent or guardian acting and signing this Deed on the Rider’s behalf, have represented that the Rider is competent to perform a safety check, and will personally perform a safety check of any bicycle provided to them by the Suppliers for the purpose of participation in the Event, prior to participation in the Event.
8) That I, as the Rider, or as the parent or guardian acting and signing this Deed on the Rider’s behalf have represented that the Rider is competent to safely ride any bicycle provided to them by the Suppliers for the purpose of participation in the Event and will observe safe riding practices and obey all relevant laws.
9) That the Rider will wear all appropriate safety equipment at all times, including a bicycle helmet and will not permit any other person to ride any bicycle provided to them by the Suppliers for the purpose of participation in the Event.
10) That the Rider will not participate in any part of the Event while intoxicated or affected by drugs.
11) That I, as the Rider, or as the parent or guardian acting and signing this Deed on the Rider’s behalf represents that the Rider is in good physical and mental health and does not suffer from any cardio-vascular, respiratory, muscular-skeletal or other medical conditions which may be affected by riding a bicycle, or which will affect their ability to safely participate in the Event, and will immediately notify the Suppliers of any change to their medical condition, fitness or ability to participate in the demonstration ride.
12) In the Event that I, as the Rider, or as the parent or guardian acting and signing this Deed on the Rider’s behalf have not provided the Suppliers with all relevant and necessary information about the Rider’s health and capacity, they are not in a position to assess the risk of harm or injury to the Rider if the Rider participates in the Event.
13) That cycling is an inherently dangerous recreational activity, presenting a great number of risks, such as the risk of falling, colliding with other riders or vehicles, encountering hidden obstacles or varying terrain, and the risk of injury from any failure of any bicycle, or any of its components, provided by the Suppliers for the purpose of participation in the Event, and assume those risks of my own free will and volition making such decision with full understanding of those inherent risks and without coercion or undue duress.
14) That the Rider will promptly comply with all directions given by any of the Suppliers, including any direction to cease participation in the Event.
15) That to the extent permitted by applicable legislation, the Rider voluntarily and expressly assumes all the risks associated with participating in the Event, including the risk of serious injury or death.
16) That I, as the Rider, or as the parent or guardian acting and signing this Deed on the Rider’s behalf have carefully read (or had someone else read to me) and understood this Deed, and am also aware that acceptance of the terms of this Deed may affect the legal rights and liabilities of myself, my heirs, next of kin, executors, administrators and successors.
17) That Specialized reserves the right to charge the Rider for any part or accessory removed or lost from any bicycle provided to the Rider, where in the opinion of a Specialized representative this has been caused by the Rider during the Event.
18) That I, as the Rider, or as the parent or guardian acting and signing this Deed on the Rider’s behalf authorize the collection, use and disclosure of mine, or the Rider’s personal information
I, as the rider, or as the parent or guardian acting and signing this deed on the rider’s behalf have read the above waiver and release and by signing it agree that it is my intention to exempt and relieve specialized and the suppliers from liability for personal injury, property damage or wrongful death by any cause.