Online exclusion of risk systems can, when used correctly, remove the need to obtain a Participant or Entrant’s physical signature on a form when they enter an Event.
However, it is critical that these systems meet certain legal requirements so that they are effective in obtaining each Participant and Entrant’s agreement to ANDRA’s Disclaimer.
Obtaining their agreement to ANDRA’s Disclaimer is not only a requirement of ANDRA’s insurer, but it also assists in reducing Event Organisers, Venues, ANDRA and others legal liability arising from an Event.
Completing this online Disclaimer is designed for the participant to acknowledge their agreement to ANDRA’s Disclaimer
This is an important document, which affects your legal rights and obligations. Read it carefully and do not sign it unless you are satisfied that you understand it. If you have any questions, please ask a representative of the Business.
Australian National Drag Racing Association Limited (ANDRA) and ANDRA Member Tracks organising events and permitted activities recognised by ANDRA.
Administration, organisation and promotion of, and participation in, drag racing and related permitted activities
I acknowledge that:
- I am the Participant.
- I am being supplied with a recreational service by the Business.
- The Activity is a dangerous recreational activity, which involves a significant risk of physical harm.
- I may be injured as a result of my participation in the Activity.
- Other people may cause me injury in the course of my participation in the Activity.
- I may cause injury to myself or other persons in the course of my participation in the Activity.
- The natural conditions in which the Activity is conducted may vary without warning.
- My participation in the Activity is voluntary and I have not been required by the Business to engage in the Activity.
- I am aware of the dangers associated with the consumption of alcohol, mind altering substance, drug or other substance which may impair my judgment or physical ability or capacity to safely participate in the Activity and accept full responsibility for any injury, loss or damage associated with my consumption of alcohol, mind altering substance, drug or other substance which impairs my judgment, physical ability or capacity to safely participate in the Activity.
- I have not relied upon any advice, representations or inducements by or on behalf of the Business in deciding to participate in the Activity or in deciding to sign this document
- I acknowledge that I have been warned of the Risks of the Activity.
- I acknowledge that participation in the Activity may also involve other risks not noted in the Risks of the Activity listed in Section 3.
- The Business has placed signs around the site on which the Activity is to be performed warning of the risk of injury. I have read the signs and understand the warnings provided.
- The Business has provided me with warnings of the Risks associated with the Activity and the risks of physical or psychological harm in participating in the Activity.
Assumption Of Risk
Notwithstanding the significant risks of physical harm and injury inherent in the Activity, some of which are noted above, I agree to participate in the Activity at my own risk.
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 you –
- are rendered with due care and skill; and
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this agreement, does not apply if your 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.
SOUTH AUSTRALIA ONLY
Recreational services – Exclusion, restriction or modification of rights under the Australian Consumer Law (SA)
Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services), there is –
- a statutory guarantee that those services will be rendered with due care and skill; and
- a statutory guarantee that those services, 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
- a statutory guarantee that those services, 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 your rights
Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).
If you sign this form, you will be agreeing to exclude, restrict or modify the supplier’s liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury.
You do not have to agree to exclude, restrict or modify your rights by signing this form.
The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form.
Even if you sign this form, you may still have further legal rights against the supplier.
A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her 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 your rights:
I agree that the liability of Australian National Drag Racing Association Ltd for any 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.
- Recreational services are services that consist of participation in –
- a sporting activity or similar leisure-time pursuit; or
- any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.
- Personal injury is bodily injury and includes mental and nervous shock and death.
Further Information: Further information about your rights can be found at cbs.sa.gov.au
Waiver, Release and Indemnity
The Activity involves a significant risk to participants suffering personal injury including the possibility of serious injuries, permanent disability or death.
I acknowledge and understand that I engage in such the Activity at my own risk and it would be unreasonable for Australian National Drag Racing Association Ltd (ANDRA Ltd) to be in any way responsible for any injury to me or my death.
I hereby waive all of my legal rights of action against ANDRA Ltd and fully release ANDRA Ltd for any loss or damage for personal injury or death arising out of or in relation to me undertaking the Activity, including without limitation, liability for any negligent or tortuous act or omission, breach of duty, breach or contract or breach of statutory duty on the part of ANDRA Ltd, its office bearers, directors, employees, agents or representatives. For the avoidance of doubt, I agree to statutory guarantees provided under the Australian Consumer Law with respect to recreational services do not apply and I waive all of my legal rights of action against ANDRA Ltd.
I further acknowledge and agree that I have undertaken the Activity freely, voluntarily and absolutely at my own risk and with a full appreciation of the nature and extent of the risks involved in the Activity. This waiver shall bind me and my executors.
I confirm that I have read and understood this waiver.
- I agree to comply with all rules and directions made or given by the Business in connection with the Activity. I understand that if I fail to comply with the rules and/or directions of the Business, I may be injured or injure someone else. Further I understand that I will not be permitted to continue the Activity and no refund will be given.
- I agree to report all accidents, injuries or loss or damage sustained by me to the Business before I leave the site on which the Activity is performed.