Participation in this activity is entirely voluntary, but to participate you must read, understand and agree to below Agreement to Assume Risk, Waiver, Release and Indemnity (this Agreement). You must also complete the Participant Details section.
This form must be completed by an adult. Adults can complete this form on behalf of minors.
AGREEMENT TO ASSUME RISK, WAIVER, RELEASE AND INDEMNITY
Event: Formula 1® Heineken® Australian Grand Prix 2022
Activity: Inflatable Regatta
Venue: Albert Park Grand Prix Circuit, Victoria
Suppliers: Australian Grand Prix Corporation (AGPC), the Crown in the right of the State of Victoria, the Minister administering the Australian Grands Prix Act 1994 (Vic), the Minister administering the Crown Land (Reserves) Act 1978 (Vic), Federation Internationale de l’Automobile, Formula One Marketing Limited, Formula One Management Limited, Formula One World Championship Limited, Formula One Asset Management Limited, Formula One Hospitality and Event Services Limited (UK), Formula One Licensing B.V., Confederation of Australian Motor Sport Ltd, Allsport Management S.A., Parks Victoria, the State Sport Centres Trust, APP Corporation Pty Limited and all other persons involved in the conduct, promotion and organisation of the Activity and the Australian Grand Prix, including officials, marshals, rescue, medical staff, the competitors and drivers (such parties to include where relevant all directors, officers, employees, agents, contractors and affiliated companies and their respective personnel, and assigns).
“Suppliers” also includes suppliers of infrastructure and other equipment used to enable the event and the Activity to take place, as well as sponsors of the event and the Activity.
I acknowledge that there are risks associated with participating in the Activity which may result personal injury to myself as a result of, but not limited to:
- weather conditions including rain, wind, lightning, heat and cold;
- the acts and/or omissions (including negligent acts and/or omissions) of other patrons;
- falling in the water;
- incorrect use of the inflatable boats;
- failure to follow instructions in relation to participation in the Activity; and
- the unforeseen failure or malfunction of an inflatable boat.
I accept and acknowledge all of risks identified above voluntarily and at my own risk.
1.1 I wish to be involved in the Activity at the Event and have had the opportunity to elect not to participate in the Activity.
1.2 I acknowledge, agree and understand that my participation in the Activity is for my own enjoyment and leisure and entirely recreational and agree to participate at my own free will.
1.3 I understand that by completing this form I am entering into an Agreement with AGPC for the benefit of the Suppliers.
2.1 I declare that I am physically able to participate in the Activity at the Event.
2.2 Specifically, I am not affected by:
a) Drugs or alcohol;
b) Recent stroke or related surgery or illness;
c) Heart or respiratory conditions, or cardiac disease;
d) Neck or back pain, ailments or weakness;
e) Broken bones or joint or limb ailments;
f) High blood pressure or aneurysms;
g) Prescription medication that may adversely affect safe participation in the Activity; or
h) Any other pre-existing medical or physical condition that prevents safe participation.
3.1 I confirm that AGPC and/or the other Suppliers have provided me with information, safety guidelines and safety equipment in relation to the Activity at the Event.
3.2 I agree that I will comply with AGPC’s policies and procedures relating to my safety and the Activity at the Event.
4.1 I acknowledge and warrant that:
a) There are a variety of inherent risks involved in participating in the Activity, including but not limited to physical or mental injury or death;
b) The activity may be dangerous;
c) I understand the effect of this Waiver and Indemnity, which is to limit the liability of AGPC and its Suppliers;
d) AGPC and the other Suppliers can refuse to allow me to participate in the Activity if AGPC or the other Suppliers determine in their absolute discretion that I, as the participant, am mentally or physically unfit to safely participate in any aspect of the Activity at any time;
e) I consent to AGPC and the other Suppliers using my name, likeness, image and/or voice (including photograph, film or other recording) in any media for an unlimited period without remuneration for the purpose of promoting AGPC and the other Suppliers' events, and products;
f) Participation in the Activity may cause me personal injury, death or property damage, as a result of which I may suffer loss of income (salary or wages etc.) and other forms of financial, economic or indirect or consequential loss; and
g) I have entered into this Waiver and Indemnity fully and voluntarily upon my own information and investigation.
4.2 AGPC has relied, and relies, on the above acknowledgements.
5. WARNING UNDER AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
5.1 Under the Australian Consumer Law (which is part of the Competition and Consumer Act 2010 (Cth))(ACL), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that AGPC and the other Suppliers, is required to ensure that the recreational services it supplies to you:
a) Are rendered with due care and skill;
b) Are reasonably fit for any purpose which you, either expressly or by implication, make known to the Suppliers; and
c) Might reasonably be expected to achieve any result you have made known to the Suppliers.
5.2 Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) (ACLFTA), AGPC and the Suppliers are entitled to ask you to agree that these statutory guarantees do not apply to you.
5.3 In signing this Waiver and Indemnity, you agree that your rights or your estate’s rights to sue AGPC and the Suppliers under the ACLFTA 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 Waiver and Indemnity.
5.4 NOTE: The change to your rights, as set out in this Waiver and Indemnity, does not apply if your death or injury is due to gross negligence on AGPC’s or the Suppliers' 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.
6.1 I agree to release AGPC and its Suppliers from all direct and indirect liability for any loss or damage arising out of or in connection with my participation in the Activity to the extent permitted by law.
6.2 I acknowledge and agree that:
a) I am solely responsible for any death, injury, loss or damage I cause to anyone else and any damage to my property and anyone else's property; and
b) I will indemnify the Suppliers in respect of all actions, suits, claims, demands, costs and other liabilities arising from or incidental to such death, injury, loss or damage.
7.1 To the fullest extent permitted by law, I:
a) agree to indemnity AGPC, its Suppliers and employees against all expense, claims, losses, damages and costs (including all legal costs whether incurred or awarded against AGPC) that it may sustain as a result, whether directly or indirectly, of my negligence, willful misconduct or failure to abide by the safety guidelines or any other direction by AGPC or its Suppliers during the Activity at the Event.
b) also agree to indemnify, to the extent permitted by law, AGPC, its Suppliers and employees against all expenses, claims, losses, damages and costs (including all legal costs whether incurred or awarded against AGPC) that it may sustain as a result, whether directly or indirectly, of its own negligence, during the Activity at the Event.
c) acknowledge and agree that each exclusion, release, waiver and indemnity provided in this Waiver and Indemnity form is for the benefit of AGPC and each of the other Suppliers and held on trust by AGPC for each of the other Suppliers so that each of the Suppliers may enforce those terms and conditions against me.
d) also acknowledge and agree that AGPC may enforce each exclusion, release, waiver and indemnity against me on behalf of any of the other Suppliers on the basis that AGPC is their agent or trustee.