COMPETITOR'S ACKNOWLEDGEMENT, WAIVER, AND RELEASE WARNING: THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS. PLEASE READ THE DOCUMENT CAREFULLY. ALL COMPETITORS MUST SIGN THIS FORM. In exchange for Adventure Junkie allowing me to participate in the Sprint Series Adventure Race (the Event), I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns, hereby agree to and make the following contractual representations pursuant to this Competitor’s Acknowledgement, Waiver, and Release. Competitor’s Acknowledgement By signing this form, you acknowledge that: you are physically fit and have sufficiently trained for participation in the Event; you have not been advised by a qualified medical practitioner that you cannot participate in the Event; you are not under the influence of any medication or have any pre-existing conditions which would impair your ability to participate in the Event; you are responsible for your personal possessions and equipment during the Event; you are responsible for your own accident insurance and ambulance cover. Risk Warning Your participation in the Event may be inherently dangerous and involve risk. There are risks specifically associated with participation in the Event and accidents which include without limitation, falling, collisions, abrasions, fractures and broken bones, damage to property, equipment failure permanent disability, paralysis, and loss of life can happen.. By signing this form, you acknowledge, agree, and understand that participation in the Event may involve risk. You agree and undertake any such risk voluntarily and at your own risk. You acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation. Warning under the Australian Consumer Law and Fair Trading Act 2012: Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that Adventure Junkie are required to ensure that the services it supplies to you: are rendered with due care and skill; and are reasonably fit for any purpose which you either expressly or by implication, make known to the supplier; and might reasonably be expected to achieve any result you have made known to the supplier. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), Adventure Junkie is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue Adventure Junkie under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form. By signing this form, you agree that the liability of Adventure Junkie for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012) that may be suffered by you resulting from the supply of recreational services and activities is excluded. Note:The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on Adventure Junkie’s part. “Gross negligence” in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness,for the consequences of the act or omission. Release and Indemnity In consideration of Adventure Junkie accepting your participation, you, to the extent permitted by law: release and forever discharge Adventure Junkie, its employees, agents, and volunteers from all claims that you may have or may have had but for this release arising from or in connection with your participation in the Event; and release and indemnify Adventure Junkie, its employees, agents and volunteers against any claim which may be made by you or on your behalf for or in respect of or arising out of your death whether caused by the negligence or breach of contract by Adventure Junkie or in any other manner whatsoever; and indemnify and will keep indemnified and hold harmless Adventure Junkie, its employees, agents and volunteers to the extent permitted by law in respect of any claim by any person: arising as a result of or in connection with your participation in the Event; and save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the claim is caused or contributed to by a grossly negligent act or omission of Adventure Junkie. Safety By signing this form, you agree to follow any rules set by Adventure Junkie in connection with the Event. If you fail to comply with Adventure Junkie’s rules and/or directions, you will not be permitted to participate or to continue to participate in the Event and no refund will be given. If you suffer any injury or illness, you agree that Adventure Junkie may provide evacuation, first aid and/or medical treatment at your expense and that your acceptance of these terms and conditions constitutes your consent to such evacuation, first aid and/or medical treatment. Use of Image By signing this form, you acknowledge and consent to photographs and electronic images being taken of you during your participation in recreational activities and challenges. You acknowledge and agree that such photographs and electronic images are owned by Adventure Junkie and Adventure Junkie may use the photographs for promotional or other purposes without your further consent being necessary. DECLARATION I have read, understood, acknowledge and agree to the above including the exclusion of implied terms, warning, assumption of risk, release and indemnity.
