Event Release and Indemnity Agreement

In consideration of being permitted to participate in any way in the Event or being permitted to enter for any purpose any area requiring special authorisation, credentials, permission to enter, and any area to which admission by the general public is restricted or prohibited (collectively, the Restricted Areas), each of the undersigned for himself/herself, his/her personal representative, heirs and next of kin (he/his/himself or her/hers/herself as applicable) acknowledges, represents and agrees:

  1. that if at any time, the Participant is in or about Restricted Areas and they consider anything to be unsafe, the Participant will immediately advise the Event officials of such and will leave the Restricted Areas and refuse to participate further in the Event;
  2. that competitive motor sporting events, such as the Event, are dangerous and involve a real risk of serious injury or even death from various causes including: motor vehicles (or parts of them) colliding with other motor vehicles, persons or property; acts of violence and other harmful acts (whether intentional or inadvertent) committed by persons attending or participating in the Event; the failure or unsuitability of facilities (including grandstands, catch fences and guard rails) to ensure the safety of persons or property at the Event; negligent rescue and emergency operations; and track or weather conditions;
  3. that the Participant accepts the conditions of, and acknowledges the risks arising from, attending or participating in the Event and being provided with the services in relation to the Event by Speedway Australia and the Venue, promoters, racing association, sanctioning organisation, sponsor organisations, land owners and lessees, their respective servants, officers, employees, officials, representatives and agents (collectively, the Associated Entities);
  4. that the Participant understands that they should not participate in the Event unless they are in a fit state to complete the Event safely. The Participant acknowledges that if they are aware of an existing medical condition and is uncertain of their state of fitness (either physical or mental) then a medical practitioner must verify their physical and/or mental condition and ability to complete the Event safely, and that this assessment has been undertaken prior to their attendance and participation in the Event, and they have been cleared as fit to compete;
  5. that the Participant understands that safety precautions undertaken by Speedway Australia, the Venue and any person appointed by Speedway Australia to assist in the organisation of the Event (such as track marshals and race safety briefings) are a service to them and other participants but are not a guarantee of safety;
  6. that by participating in the Event, they accept all risks necessarily flowing from their participation that could result in injury, loss of life or permanent injury. Accordingly, to the fullest extent permitted by law they release Speedway Australia, Associated Entities, and all persons or corporations associated directly or indirectly with the conduct of the Event, including negligent rescue and emergency operations, from all claims, demands and proceedings arising out of their participation and they hereby indemnifies them against all liability (including liability for their negligence and negligence of others) for all injury, loss or damage arising out of or connected with their participation in the Event. This release and indemnity continues forever and binds their heirs, executors, personal representatives and assigns, and is intended to be as broad and inclusive as is permitted by the laws of the State/Territory in which the Event is conducted;
  7. that to the fullest extent permitted by law, and without affecting any guarantees implied by law which cannot lawfully be excluded, Speedway Australia and the Associated Entities do not make any warranty, implied or express, that services in respect of the Event will be provided with due care and skill or that any materials provided in connection with such services will be fit for the purpose for which they are supplied; and
  8. that if any portion of this Agreement is held invalid, it is agreed that the balance shall continue in full legal force and effect.

WHERE THE COMPETITOR/PARTICIPANT IS UNDER 18 YEARS OF AGE, THIS FORM MUST BE READ AND COUNTERSIGNED BY THE PARENT OR COURT-APPOINTED GUARDIAN OF THE COMPETITOR/PARTICIPANT WHO STATES THAT THEY ARE THE PARENT OR COURT-APPOINTED GUARDIAN OF THE COMPETITOR/PARTICIPANT, THEY HAVE READ AND UNDERSTOOD THIS DOCUMENT IN ITS ENTIRETY AND CONSENT AND AGREE TO THE COMPETITOR/PARTICIPANT, THEMSELVES AND ALL OTHER PERSONS OR ENTITIES SEEKING TO CLAIM UNDER OR IN RESPECT OF EITHER OF THEM BEING BOUND BY THE TERMS OF THIS DOCUMENT.