Australian Drift Club

10 SEPT 2022 Wet Pan DRIFT Days


EVENT 

Wet Pan DRIFT Days

DATE

10 SEPT 2022

ENTRY TYPE

NAME

DATE OF BIRTH

PHONE NUMBER

 

ADDRESS

ADC DRIFT LICENCE (ONLY REQUIRED FOR DRIVERS)

If you do not have a valid DRIFT licence, please proceed to https://australiandriftclub.com.au/product/australian-drift-club-drift-licence/ to purchase an annual licence.

RISK WARNING, DISCLAIMER, AND INDEMNITY

Competitors/Drivers/Media/Service Crew/Staff
Local Hose P/L trading as Australian Drift Club/AUSDC
 pg.1
Risk Warning and Disclaimer

Motorsport Activities are inherently dangerous recreational activities and there is significant risk of injury, disability, or death.

If you do not wish to be exposed to such risks, then you should not participate in the Motorsport Activities.

Acknowledgement of Risks

I acknowledge that the risks associated with attending or participating in Motorsport Activities include but are not limited to the risk that I may suffer harm as a result of:

  • motor vehicles (or parts of them) colliding with other motor vehicles or persons or property.
  • other participants acting dangerously or with lack of skills;
  • high levels of noise exposure;
  • acts of violence and other harmful acts (whether intentional or inadvertent) committed by persons attending or participating in the event; and
  • the failure or unsuitability of facilities (including grand-stands, fences and guard rails) to ensure my safety.

Exclusion of Liability, Release and Indemnity

In exchange for being able to attend or participate in the Motorsport Activities, I will and agree to:

  • to release Local Hose P/L, Australian Drift Club, AUSDC and the Entities to the extent that any or all of them are providing Recreational Services from all liability for:
  • my death;
  • any physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
  • the contraction, aggravation or acceleration of a disease including but not only COVID-19;
  • the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or
  • Exposure to bad weather.

state of affairs:

  • that is or may be harmful or disadvantageous to me or the community; or
  • that may result in harm or disadvantage to me or the community,
  • any claim for any costs and expenses I may incur as a consequence of any of the above;

arising from my participation in or attendance at the Motorsport Activities;

  • to indemnify and hold harmless and keep indemnified Local Hose P/L, Australian Drift Club, AUSDC and the Entities to the maximum extent permitted by law in respect of any Claim by any person; and
  • to attend at or participate in the Motorsport Activities at my own risk.

I understand that:

  • nothing in this document excludes, restricts or modifies any rights that I may have as a result of significant personal injury that is caused by the Reckless Conduct of Local Hose P/L, Australian Drift Club, AUSDC

and the Entities as the supplier of the Motorsport Activities and Recreational Services;

  • nothing in this document prevents Local Hose P/L, Australian Drift Club, AUSDC and the Entities from relying on any laws (including statute and common law) that limit or preclude their liability;
  • nothing in this document excludes any term or guarantee which under statute cannot be excluded, however the liability of Motorsport Australia and the Entities is limited to the minimum

liability allowable by law;

  • nothing in this document precludes me from making a claim under a Local Hose P/L, Australian Drift Club, AUSDC where I am expressly entitled to make a claim under that insurance policy; and
  • Local Hose P/L, Australian Drift Club, AUSDC has arranged for limited personal injury insurance coverage which may provide me with some protection for loss, damage or injury that I may suffer during my

participation in the Motorsport Activities. I acknowledge and accept that the insurance taken out by Motorsport Australia may not provide me with full indemnity for loss, damage or

injury that I may suffer during my participation in the Motorsport Activities, and that I may have to pay the excess if a Claim is made under an insurance policy on my behalf. I agree that

my own insurance arrangements are ultimately my responsibility and I will arrange any additional coverage at my expense after taking into account Local Hose P/L, Australian Drift Club, AUSDC

arrangements, this document and my own circumstances.

Where Motorsport Activities are held in the following jurisdictions, I acknowledge that I have also read and accept the following warnings:

Under Australian Government Consumer Law (which is part of the Competition and Consumer Act 2010 (Commonwealth)), several guarantees are implied into contracts for the supply

of certain goods and services. I agree that the application of all or any of the provisions of Subdivision B of Division 1 of Part 3-2 of Australian Consumer Law (i.e. guarantees relating to

the supply of services), the exercise of rights conferred by those provisions, and any liability of Motorsport Local Hose P/L, Australian Drift Club, AUSDC and the Entities for a failure to comply with any such guarantees, are

excluded. However, such exclusion is limited to liability for:

  • death, physical or mental injury (including aggravation, acceleration or recurrence of such an injury of the individual);
  • contraction, aggravation or acceleration of a disease of an individual; or
  • the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs

in relation to an individual that is or may be harmful or disadvantageous to the individual or the community, or that may result in harm or disadvantage to the individual or the community.

This exclusion does not apply to significant personal injury suffered by me as a result of the reckless conduct of Local Hose P/L, Australian Drift Club, AUSDC.

Warning Applicable in Relation to Motorsport Activities Held in Victoria

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 the supplier named on this

form is required to ensure that the recreational services it supplies to me:

  • are rendered with due care and skill;
  • are reasonably fit for any purpose which I either expressly or by implication, make known to the supplier; and
  • might reasonably be expected to achieve any result I have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier is entitled to ask me to agree that these conditions do not apply to me. I understand that

if I sign this form, I am agreeing that any rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if I am 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.

Note: I note that the change to my rights, as set out in this form, does not apply if my death or injury is due to gross negligence on the supplier’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. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

Warning Applicable in Relation to Motorsport Activities Held in South Australia

Under sections 60 and 61 of The Australian Consumer Law (SA), if a person in trade or commerce supplies me with services (including recreational services), there is a statutory guarantee

that those services:

  • will be rendered with due care and skill; and
  • any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
  • any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes

to achieve, (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services.

Excluding, Restricting or Modifying My Rights:

Under section 42 of the Fair Trading Act 1987 (SA), the supplier of recreational services is entitled to ask me to agree to exclude, restrict or modify their liability for any personal injury

suffered by me or another person for whom, or on whose behalf, I am acquiring the services (a third party consumer). If I sign this form, I am agreeing to exclude, restrict or modify the

supplier’s liability with the result that compensation may not be payable if I or the third party consumer suffer personal injury.

Important:

I do not have to agree to exclude, restrict or modify my rights by signing this form. The supplier may refuse to provide me with the services if I do not agree to exclude, restrict or modify my

rights by signing this form. Even if I sign this form, I may still have further legal rights against the supplier. A child under the age of 18 cannot legally agree to exclude, restrict or modify their

rights. A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.

Agreement to exclude, restrict or modify my rights:

I agree that the liability of Motorsport Australia and the Entities for any death or personal injury that may result from the supply of the recreational services that may be suffered by me (or a

person for whom or on whose behalf I am acquiring the services) is excluded. Further information about these rights can be found at www.cbs.sa.gov.au

DEFINITIONS

a. “Claim” means and includes any action, suit, proceeding, claim, demand or cause of action however arising including but not limited to negligence, BUT does NOT include a claim under

a Local Hose P/L, Australian Drift Club, AUSDC policy by any person expressly entitled to make a claim under that insurance policy;

b. “Entities” means event and competition organisers/promoters/managers, land and track owners/managers/administrators/lessees, Local Hose P/L, Australian Drift Club, AUSDC, state and territory governments and insurers listed in each of their related bodies corporate (including their related bodies corporate) and each of their organs and agencies, officers/president/directors/executives, employees, servants, agents, partners, providers, members, competitors, drivers, co-drivers, navigators, officials, crew members, service crew, delegates, licence holders, representatives, commissions, committees, advisers, trustees, councils, panels, shareholders, volunteers, officials, appointees, delegated bodies and sponsors;

c. “Motorsport Activities” means any motorsport activities or Recreational Services which are permitted or approved which Local Hose P/L, Australian Drift Club, AUSDC or administers or otherwise are under the responsibility / Local Hose P/L, Australian Drift Club, AUSDC.

d. Australian Drift Club means, Local Hose P/L trading as Australian Drift Club / AUSDC.

e. “Reckless Conduct” means conduct where the supplier of the recreational services is aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person and engages in the conduct despite the risk and without adequate justification;

f. “Recreational Services” means (unless otherwise defined in this document) services that consist of participation in:

a) a sporting activity; or

b) a similar leisure time pursuit or any other activity that:

i) involves a significant degree of physical exertion or physical risk; and

ii) is undertaken for the purposes of recreation, enjoyment or leisure.

DECLARATION

I accept the conditions of, and acknowledge the risks arising from, attending or participating in the Motor Sport Activities being provided by AUSDC and the Entities. I agree to comply with all policies,

Rules, regulations and directions of Australian Drift Club and the Entities in relation to this event.

I have read, understood, acknowledge and agree to the above including the exclusion of statutory guarantees, warning, and assumption of risk, release and indemnity:

I have read, understood, acknowledge and agree to all the terms and conditions outlined for this event and on the AUSDC website. https://australiandriftclub.com.au/terms-and-conditions/ 

 

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Signature Certificate
Document name: 10 SEPT 2022 Wet Pan DRIFT Days
lock iconUnique Document ID: 27dc1c4ca25c6793d420da3613fccd0fd3b28bd4
Timestamp Audit
December 15, 2021 9:09 pm AEST10 SEPT 2022 Wet Pan DRIFT Days Uploaded by Sam Tabbouch - info@australiandriftclub.com.au IP 45.67.96.156