RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (Hereinafter the “Release Agreement”)
BY PROCEEDING TO ENTER INTO BLACKMTB COMPETITION PROMOTED ON BLACKMTB INSTAGRAM, OUR WEBSITE, OR FACEBOOK OR OTHER SOCIAL MEDIA PLATFORM OR RELATED WEBSITE YOU DO SO AT YOUR OWN RISK. THE RELEASEES DO NOT OWE YOU A DUTY OF CARE AND ARE NOT LIABLE FOR ANY HARM THAT MAY BE SUFFERED BY YOU AS A RESULT OF PARTICIPATING IN THE COMPETITION.
PLEASE READ CAREFULLY!
In this Release Agreement:
“Releases” means BlackMTB, its related corporations and their respective directors, officers, employees, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns, including All Salon Supplies Pty. Ltd of 1-7 Mann St, Chatswood, NSW, 2067 Australia.
“MTB” means and includes travel to and from the MTB trail or activity, all training and preparation sessions, any use of a Mountain Bike or similar bike related equipment, and any other activities, events or services provided, arranged, organized, sponsored or authorized by the Releasees in any way associated or connected with Mountain Biking / Free riding, or for the purposes of shooting a video or photographic content for the purposes of a competition.
ASSUMPTION OF RISK:
- YOU acknowledge that MTB Riding is a dangerous recreational activity within the terms of the Civil Liability Act 2002 (NSW) and this Release Agreement constitutes a risk warning pursuant to the provisions of that Act.
- YOU acknowledge that you are participating in the competition at your own risk, and that BlackMTB and its related entities and officers cannot safeguard or protect you in anyway, and do not owe you any duty of care to do so.
- YOU are aware that MTB riding, jumping, stunts, can involve unusual risks, dangers and hazards including, but not limited to: accidents which may occur during travel to and from the trail, track or destination; slips and falls; falling from the bike; impact with rocks, the ground, trees, water or with an object or other person on the trail or otherwise; equipment malfunction including breakage of the any part of your bike; shock, stress or other injury to the body while riding / jumping; negligence on the part of other persons.
- YOU acknowledge that MTB may result in injury, worsening of an existing medical condition, or death. YOU freely accept and fully assume all such risks, dangers and hazards and the possibility of injury, death, property damage or loss resulting therefrom.
YOU understand that MTB may place unusual stresses on the body. MTB is not recommended for persons suffering from asthma, epilepsy, cardio/respiratory disorder, hypertension, or skeletal, joint or ligament problems or conditions. Women who are pregnant or suspect they are pregnant, and persons who have consumed alcohol, or any other mind or physical altering substance, must not engage in MTB. YOU are advised to consult with YOUR medical practitioner if you have any concern about your medical condition or fitness to engage in MTB.
YOU understand that you should wear all relevant protective gear including but not limited to: Statutory approved helmet and faceguard, protective gloves, protective arm and elbow guards, knee guards, neck brace and guards, chest and back guards, protective shoes, protective goggles / eyewear.
YOU understand that you should ride on a specialised and fully serviced mountain bike, fully certified and designed for the activity you undertake. YOU understand that it should be regularly serviced and perfectly conditioned by a trained specialist in MTB service and repair, prior to attempting MTB.
YOU understand that you should have all appropriate private health insurance, medical cover, personal and public liability insurance in place, after consulting with a specialised insurance broker in your jurisdiction, with certificate of currency prior to MTB.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT:
In consideration of the Releases agreeing to YOUR participation in MTB, and accepting your entrance into the competition, YOU hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS AND TO RELEASE THE RELEASES from any and all liability for any loss, damage, expense or injury including death that YOU may suffer, or that YOUR next of kin may suffer, as a result of YOUR participation in MTB, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER ANY ACT OR LEGISLATION, IMPLIED OR OTHERWISE ON THE PART OF THE RELEASEES. YOU UNDERSTAND THAT NEGLIGENCE MAY INCLUDE THE FAILURE ON PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT YOU FROM THE RISKS, DANGERS AND HAZARDS OF MTB REFERRED TO ABOVE;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASES from any and all liability for any property damage or personal injury to any third party resulting from YOUR participation in MTB;
- That this Release Agreement is binding upon YOUR heirs, next of kin, executors, administrators, assigns and representatives, in the event of YOUR death or incapacity;
- That this Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of New South Wales and no other jurisdiction. Any litigation involving the parties to this Release Agreement shall be brought solely within New South Wales and shall be within the exclusive jurisdiction of the Courts of New South Wales.
PHOTO/VIDEO RELEASE – YOU consent to your submitted photographs / videos being taken during YOUR participation in MTB, and to publication of the photographs by the Releasees for advertising, promotional and marketing purposes. YOU confirm that all images, content is your own intellectual property, and / or that you have full commercial rights for commercial use with unlimited modification, including attribution free reuse. This includes all images, video, content, text, music and sound. In entering into this Release Agreement YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO PARTICIPATING IN THE COMPETITION, AND YOU ARE AWARE THAT BY PROCEEDING TO UNDERTAKE ANY MTB ACTIVITY RELATED OR UNRELATED TO THE CREATION OF MTB CONTENT, YOU ARE DOING SO AT YOUR OWN RISK AND THE RELEASEES ARE NOT LIABLE IN NEGLIGENCE FOR ANY HARM THAT MAY BE SUFFERED BY YOU.