Exclusion of Liability, Indemnity, Release and Voluntary Assumption of Risk Agreement
This Agreement is between the Applicant (“Member”) and the Australian Pulsar Racing Association Limited and its affiliates* (“APRA”).
In consideration of being permitted to enter motor sport tracks (“Venue”) and participate in recreational activities conducted at the Venue, in the capacity of Competitor/Driver the Member acknowledges and agrees:
1. APRA is in the business of providing a calendar of events of Members to participate in recreational services that relate to the sport of motor sport, that could include official and private practice, come and try days, demonstrations, displays and race competition (“Business”).
2. APRA is not a governing body and is not a race day organiser and promoter such as CAMS or AASA or any other governing body. A separate race day application will be issued by the governing body to participate at the
3. By entering the Venue the Member is at risk of death or of suffering personal injury (both physical and psychological) or loss and damage to property (“Harm”) arising from APRA conducting its Business. The
undersigned releases, discharges, waives and forever hold harmless APRA from all claims for any loss sustained, whether caused by APRA’s negligent act, wilful act, omission, breach of contract, breach of statutory duty or
otherwise. The undersigned indemnifies APRA against all claims for any loss sustained, whether caused by APRA’s negligent act, wilful act, omission, breach of contract, breach of statutory duty or otherwise.
4. Possible causes of Harm include, but are not limited to: being hit by a motor vehicle or debris from a motor vehicle, a motor vehicle crashing into another motor vehicle (including your motor vehicle if you are a driver),a
motor vehicle crashing into safety barriers and fencing or driving off the circuit, debris on the circuit, you or another slipping and falling at the Venue, mechanical failure of a motor vehicle or failure of a structure installed
on the Venue, acts of violence or other harmful acts (whether intentional or inadvertent) committed by others at the Venue.
5. The Member releases and indemnifies APRA and holds it harmless with respect to all liability for my death, personal injury and all other loss and damage, including damage to my property howsoever arising, except to
the extent prohibited by law.
6. The Member voluntarily entered the Venue at its own risk and knows that motor sport is a potentially dangerous activity. The Member will not, whilst on the premises, consume or otherwise take in substances or do things
that will adversely affect the Member’s physical or mental ability, capacity or judgement.
7. If the Member participates at the Venue in the capacity of a driver or pit crew, the Member declares that it has read and understood the AASA or CAMS or any other governing body Rules and the Supplementary Regulations issued for the day. The Members will follow instructions given by scrutineers, flag marshals, track officials, clerk of course and/or APRA Board Members, as any instructions given are for either legislative or Occupational Health and Safety requirements. If the Members do not follow the rules and/or instructions of the above, the Member may be refused entry to the Venue and at any time may be instructed to leave the Venue.
8. The Member has disclosed on this form any medical condition which may affect the Member’s physical or mental ability, capacity or judgement to participate in motor sport.
9. APRA reserves the right to refuse the Member, without limitation, Membership and or entry to a Venue and at any time may withdraw its consent for the Member to remain at the Venue.
10. The member agrees that this agreement may be pleaded as a bar to any action, suit or proceeding taken at any time against APRA arising out of or as a consequence of motor sport or any incidental activities.
11. This agreement binds the member’s heirs, administrators, executors, personal representatives, dependents (if any) and successors and endures for the benefit of APRA and its successors and assigns.
12. Before signing this form the Member has read and fully understands its meaning and that the Member, by signing this form, may be giving up important legal rights.
13. The Australian Pulsar Racing Association Limited (APRA) has a three-strikes-and-you’re-out policy. Any on or off track incidents that are found to have been caused by carelessness, malice or aggression by a driver or crew will be reported to event management and/or APRA Management. Should a driver be found to be responsible for causing three on or off-track incidents on separate occasions within the membership year and if applicable the previous membership year, the driver’s APRA Membership may be revoked and all circuit promoters will be notified.
WARNING – AUSTRALIAN CONSUMER LAW AND OTHER LEGISLATION
Under the Australian Consumer Law, several statutory guarantees apply to the supply of certain goods
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 the Australian Consumer Law and in some states, other legislation, 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 other legislation 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 form, 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.
If you do not understand this form, or do not agree to be bound by the provisions of this Agreement, you should not sign it and thereafter should forthwith leave the Venue. APRA recommends that Member’s seek third party legal advice before signing this form.
By signing this agreement, the undersigned driver warrants that he or she is at least eighteen (18) years of age. Where this agreement is signed by a parent, guardian, or other person for and on behalf of the driver, the person so executing warrants that he or she has authority to do so and that such parent, guardian or other person agrees to indemnify APRA in terms of the indemnity herein.