ACKNOWLEDGEMENT & WAIVER 

In consideration of Brisbane Valley Rail Trail Users Association Incorporated (BVRTUAI) accepting your entry to participate in the Event, and in consideration of the fact that I am willingly and voluntarily participating in the Event, I acknowledge and agree to the following:

Defined terms

• In these terms:

• “BVRTUAI” means and includes Brisbane Valley Rail Trail Users Association Incorporated (and any successor in title), its committee members, representatives, agents and volunteers.

• “Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense.

• “Event” means the cycling and other related activities organised by the BVRTUAI on the Brisbane Valley Rail Tail between Yarraman and Wulkuraka.

• “Trail” means the Brisbane Valley Rail Trail between Yarraman and Wulkuraka and the course format as identified by BVRTUAI for the purposes of the Event. BVRTUAI may change the course format at their discretion.

Voluntary participation and recreational nature of activity 

• I acknowledge, agree and understand:

• my participation in the Event is for my own enjoyment and leisure and is entirely recreational.

• BVRTUAI has not undertaken to supervise or monitor my participation in the Event.

Division 3 and 4 of the Civil Liability Act 2003 (Qld) 

• I acknowledge, agree and understand:

• I have been warned that I am at risk of suffering personal injury arising from or in connection with my participation in the Event;

• The risk of personal injury extends to:

• physical or mental injury (including aggravation, acceleration or recurrence of any such physical or mental injury) including but not limited to broken bones, soft tissue injuries, joint and ligament injuries, muscle strains and pulls, dehydration, heat stroke, pulmonary injury, vascular injury, neurological injury and psychiatric injury;

• death;

• the contraction, aggravation or acceleration of a disease.

• The risk of personal injury that I may suffer may arise from or be connected to:

• physical exertion or dehydration;

• challenging terrain conditions which may change without warning due to weather or other circumstances (for example, rocks and tree branches falling onto the Trail);

• impact or collision with other participants in the Event;

• impact with other bikes and vehicles;

• wild and farmed animals being present on the Trail;

• the failure to comply with road rules and regulations and/or instructions or directions of the BVRTUAI;

• prevailing weather conditions which may change without warning;

• slipping and tripping on surfaces on the Trail;

• the acts and/or omissions (including negligent acts and/or omissions) of other persons participating in the Event;

• the condition, suitability or incorrect use of a participant’s equipment;

• the failure or malfunction of a participant’s equipment; and

• defects in the equipment, including but not limited to defects arising from the equipment not being installed, maintained or inspected adequately or in a timely manner.

• I accept and acknowledge all of risks identified above voluntarily and at my own risk.

• I acknowledge that the assumption of risk and warning above constitutes a ‘risk warning’ for the purpose of Division 3 and 4, and without limiting the generality of the foregoing, section 15, of the Civil Liability Act 2003 (Qld).

Waiver 

General waiver

6    To the fullest extent permitted by law, I agree to waive all my rights in respect of any liability for any Claim against BVRTUAI, including for any liability:

• for breach of contract (including any express or implied warranty that any recreational services will be provided with due care and skill); or

• for negligence;

arising from, or in connection with, my participation in the Event.

Waiver in relation to recreational services to which the Australian Consumer Law applies

7    I acknowledge that:

• it is possible for a supplier of recreational services to ask me to agree that the statutory guarantees under the Australian Consumer Law (ACL) (which is Schedule 2 of the Competition and Consumer Act 2010 Cth), do not apply to me;

• by signing this form, I agree to waive my right to sue BVRTUAI (should either be deemed a supplier for the purposes of the ACL) because the recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth)) were not performed in accordance with the statutory guarantees, in particular the guarantees as to due care and skill and as to fitness for a particular purpose, are excluded; and

• the waiver of my rights in clause 7(b) above is limited to liability for:

• death;

• physical or mental injury (including the aggravation, acceleration, or recurrence of such injury) to me;

• the contraction, aggravation, or acceleration of disease by me;

• 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:

• that is or may be harmful or disadvantageous to me; or

• that may result in harm or disadvantage to me.

• The above waiver of my rights in relation to the statutory guarantees does not apply to reckless conduct (as defined in the ACL) of BVRTUAI in supplying any recreational services (in the event either is deemed to be a supplier).

Release and Indemnity 

• To the fullest extent permitted by law, I:

• release and will release BVRTUAI from all Claims that I may have or may have had but for this release arising from or in connection with my participation in the Event;

• indemnify and will keep indemnified BVRTUAI in respect of any Claim by any other person:

• arising from or in connection with my participation in the Event;

• against BVRTUAI in respect of any injury loss or damage arising out of or in connection with my failure to comply with any rules and/or directions from BVRTUAI regarding participating in the Event;

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 the grossly negligent act or omission of BVRTUAI.

Bar to proceedings 

• BVRTUAI may plead this agreement as a bar to proceedings now or in the future commenced by or on behalf of me or by any person claiming through me.

Health and Safety 

• I certify that I am in good health and of sufficient physical condition to participate in the Event safely.

• I acknowledge I am responsible for determining whether:

• I am physically and medically able to participate in the Event; and

(b)  a physical or medical examination should be undertaken before I participate in the Event and I will abide by any determination, limitation or recommendation that may be issued by my medical or health care provider.

• Before, during and after participating in the Event, I am solely responsible for determining my health and physical status and whether I can or should discontinue my participation in the Event, or take other actions, to protect my health or safety.

• BVRTUAI assumes no duty to me to ensure my physical or medical ability to participate in the Event at any time.

• I agree to wear appropriate protective clothing and safety equipment, including a helmet.

• I agree to follow all rules and directions issued by BVRTUAI, which may be charged from time to If I violate these rules and directions, I assume all risk of injury, illness, damage or loss to me or my property arising from or in connection with my violation of the rules and directions. I understand that my failure to follow all rules and directions issued by BVRTUAI may result in the revocation of my right to participate in future Events.

• I agree to conduct myself in a safe and responsible manner. I will not participate in any the Event while under the influence of drugs or alcohol or while suffering from any medical, health or other condition (including any illness or injury), that might in some manner potentially cause harm or injury to me or to another participant of the Event.

• I agree that if I suffer any injury, or if I cause injury to any other person, while participating in the Event, I will report the nature and circumstances of that injury to a representative of BVRTUAI.

Personal Property

19 I agree to take full responsibility for the security of my personal possessions including but not limited to my bicycle, helmet and other valuable items at all times during the Event. BVRTUAI will not be liable for the replacement of any personal possessions that are lost or stolen.

Emergency medical treatment

20 In the event of a medical emergency, I authorise BVRTUAI to secure from any hospital, physician or any medical personnel any treatment deemed necessary for my immediate care and agree that I will be responsible for payment of any medical services rendered.

Entire Agreement

• To the extent that any clause of this agreement is void or unenforceable, it is severable and does not affect the remaining provisions of the agreement.

• This agreement constitutes my entire agreement with BVRTUAI, and it supersedes all other agreements, understandings, representations and negotiations in relation to my participation in the Event.

I have read and fully understand this agreement. I am 18 years old or older*. This document is binding upon me and my heirs, children, wards, personal representatives and anyone else entitled to act on my behalf or pursue a Claim through me.

Signed: ……………………………………………………

Printed Name: ……………………………………………

Date: ……………………………………………………..

* (If the participant is under 18 this form must be signed by their parent or guardian).