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ACKNOWLEDGEMENT OF DANGER AND RELEASE FROM LIABILITY CSSAU Pty. Ltd. AND/OR IT’S PARTNER COMPANIES RELEASE FORM
1. This document was presented to the Applicant/Guardian by CSSAU Pty. Ltd. and/or its Partner Companies for this event, the date of which is recorded below, and relates to the use of Motorcycles and/or Equipment owned by CSSAU Pty. Ltd.and/or its Partner Companies.
2. The Applicant/Guardian knows that the Applicant/Guardian must read and understand this document before the Applicant/Guardian signs it, and the signatures on this document means that the Applicant/Guardian has read it and does understand it, along with all other information provided by CSSAU Pty. Ltd. and/or its Partner Companies in relation to the use of equipment and the rules governing the event at which it is used.
3. The Applicant/Guardian knows that being at a racetrack is dangerous and that participation in the activities of CSSAU Pty. Ltd. and/or its Partner Companies will expose the Applicant to the risk of serious injury or death. This possibility of injury or death can happen because of mechanical or equipment failure, the Applicant’s own actions while riding, track and weather conditions, the actions or failures to act of other people, including other persons at the track with the Applicant, or any combination of these or other factors.
4. The Applicant/Guardian recognises that the Applicant may be injured or killed as a result of the Applicant’s own or someone else’s negligence, either active or passive or by an equipment failure of the sort which may permit suit against a manufacturer or supplier on a theory of strict (product) liability.
5. The Applicant/Guardian hereby applies to the proprietor of CSSAU Pty. Ltd. and/or its Partner Companies, its Directors, share holders, servants, agents, executors, heirs and assigns which include all employees, tutors, marshals, rescue personnel and agents to partake in the use of Motorcycle & Gear Hire.
6. The Applicant/Guardian hereby applies to the owner, manager, contractor or any other person(s) associated with providing access to the venue, to CSSAU Pty Ltd and/or its Partner Companies to partake in the use of the of Motorcycle & Gear Hire.
7. The Applicant/Guardian acknowledges and confirms that: -
(a) The Applicant has the correct legal and currently unrestricted Motorcycle License to ride the Motorcycle that is being hired to them and that it is solely their responsibility to check and confirm this, and is physically, mentally and is of able skill to use Motorcycle & Gear provided; The Applicant understand that should the Motorcycle License restrict usage of the hire motorcycle on public roads, the applicant will be liable for an additional $2000 excess on top of fees collected for damages;
(b) The Applicant will take all steps and responsibility for wearing all approved safety equipment and safety apparel;
(c) The Applicant will allow their driver’s licence and/or credit card to be held as security on the day;
(d) The Applicant takes full responsibility for checking the condition of the Motorcycle & Gear before use
(e) The Applicant will immediately pay for any excessive wear or damage caused, or full replacement of any lost or unreturned Motorcycle & Gear; and any legal fees resulting in the collection of goods or money.
(f) The Applicant agrees that where a part containing existing damage, is damaged further, that they are liable for the repair, ranging from a minimum of 50% of the repair cost, up to the full replacement cost of the part, where damaged beyond repair, to be paid on the day eg: minor fairing scratches 50% of repair cost if further scratched, and full replacement cost where fairings shattered beyond repair.
(g) The Applicant has read the understands the BMWS1000RR information booklet and that turning off DTC or Race ABS, or changing riding mode at anytime voids the maximum $5,000 damage clause, and by doing so are liable for all damage caused up to and including full replacement cost of the bike.
(h) The Applicant/Guardian has read this document and accepts its terms and conditions;
8. The Applicant promises and undertakes to follow all rules, conditions, directions and signs given or shown to him/her at the event by persons referred to in 5 & 6 above and acknowledges that breach of same entitles CSSAU Pty. Ltd. and/or its Partner Companies to exclude the Applicant from this and/or future events.
9. The Applicant/Guardian accepts the use of all Motorcycle & Gear and Camera-telemetry Equipment furnished to the Applicant by CSSAU Pty. Ltd. “as is,” with any defects, whether apparent or not. The Applicant /Guardian releases CSSAU Pty. Ltd. and/or its Partner Companies and all persons described in clauses 5 & 6 above from any strict or product liability for the Applicant’s injury or death or property damage to whomsoever caused.
10. In addition, by signing this agreement and participating in the activities as a participant of CSSAU Pty. Ltd. and/or its Partner Companies, the Applicant/ Guardian acknowledges that the Applicant is prepared to take the Applicant’s chances of injury, death or property damage, and assume the risk that the Applicant may be injured or killed while participating in the use of the Motorcycle & Gear and Camera-telemetry Equipment.
11. The Applicant/Guardian further acknowledges that the Applicant/Guardian is accepted to partake in the use of the Motorcycle & Gear and Camera Telemetry Equipment on the condition that the Applicant drives/rides safely and does not risk any person or property unnecessarily.
12. The Applicant/Guardian also acknowledges that he/she will pay CSSAU Pty. Ltd. and/or its Partner Companies the total payment required from the Applicant/Guardian for any damage or excessive wear he/she causes to the Motorcycle & Gear and Camera-telemetry Equipment in each incident plus any other damages he/she causes to property or person. The Applicant agrees they will pay based on the RRP value of damaged items and labour to repair or replace, and that they cannot do repair work of Motorcycle & Gear and Camera-telemetry Equipment instead of payment for damage caused. Any damaged goods remain the property of CSSAU Pty. Ltd. and/or its Partner Companies.
13. The Applicant/Guardian hereby releases and indemnifies CSSAU Pty. Ltd. and/or its Partner Companies and all persons referred to in clauses 5 & 6 above from any claims or liability for death, personal injury or property damage howsoever caused, as a condition of acceptance to partake in the event.
14. Notwithstanding the provisions of the Privacy Act or any other Legislation the Application/Guardian hereby authorises and directs CSSAU Pty. Ltd. and/or its Partner Companies to provide all information known to CSSAU Pty. Ltd. and/or its Partner Companies about the applicant including a copy of this form, accident reports, statements and any other documentation in possession or available to CSSAU Pty. Ltd. and/or its Partner Companies or any persons referred to in clauses 5 or 6 above to any interested person.
15. Because laws regarding negligence and liability are different from state to state and country to country, the Applicant /Guardian understands and agrees that any legal action involving this release, or it’s effect, shall be governed by the laws of the State of New South Wales, regardless of the place of injury, death or damage, or the location of any court in which such action is brought.
16. The Applicant/Guardian has read this document relating to the use of CSSAU Pty. Ltd.’s Motorcycle & Gear and Camera-telemetry Equipment. This was signed freely and voluntarily, and the applicant accepts the terms and conditions in all clauses set in this agreement.