Assumption of risk
You acknowledge that training for, and participation in, multi-sport, triathlon and adventure racing has inherent dangers and risks including but not limited to serious injury and death from dehydration, terrain, weather conditions, accidents and collisions with other participants, road users and spectators.You voluntarily accept the inherent dangers and risks associated with multi-sport, triathlon and adventure racing and the accompanying risk of injury, death or property damage or loss.You agree to receive and pay for any medical treatment (including ambulance transport) which is considered by Melbourne Adventure to be advisable and which is provided to you before or during any training, event, race or function conducted by or on behalf of Melbourne Adventure.
Release and waiver of liability
In consideration of Melbourne Adventure accepting your membership application you and your executors, administrators, heirs, next of kin, successors and assigns, release
Melbourne Adventure and its officers, employees, agents, coaches, instructors, officials, volunteers, sponsors and other representatives from any and all liability for death, disability, personal injury, property damage, property theft and all other loss, injury, damage and costs whatsoever suffered by you whether directly or indirectly as a result of
your membership with Melbourne Adventure, your participation in, or attendance at, any training, event, race or function conducted by or on behalf of Melbourne Adventure or your representation of Melbourne Adventure unless your injury or death is caused by the gross negligence of Melbourne Adventure and its officers, employees, agents, coaches, instructors, officials, volunteers, sponsors and other representatives. Sections 32J and 32JA of the Fair Trading Act 1999 (Vic) do not apply to this membership application, which is a contract for recreational services.
WARNING UNDER THE FAIR TRADING ACT 1999
Under the provisions of the Fair Trading Act 1999 several conditions are implied conditions into contracts for the supply of certain goods and services. These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are-
- Rendered with due care and skill; and
- as fit for thepurpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
- reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.
Under section 32N of the Fair Trading Act 1999, the supplier 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 the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not
reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this form.
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 the supplier’s part. “Gross negligence” is defined in
the defined in the Fair Trading (Recreational Services) Regulations 2004.
Fair Trading (Recreational Services) Regulations 2004.
I hereby make application for Melbourne Adventure membership and agree to abide by the rules and regulations set by Melbourne Adventure. |