Round 8 – WILDSLIDE NEWCASTLE 6HR

WARNING! THIS IS AN IMPORTANT DOCUMENT WHICH AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS, PLEASE READ IT CAREFULLY AND DO NOT AGREE TO IT UNLESS YOU ARE SATISFIED YOU UNDERSTAND IT.
THIS AGREEMENT IS BETWEEN YOURSELF LICENCE HOLDER) AND THE KARTING (NEW SOUTH WALES) INC (KNSW). IN CONSIDERATION OF BEING PERMITTED TO ENTER KNSW AUTHORISED VENUES AND PARTICIPATE IN RECREATIONAL ACTIVITIES CONDUCTED AT THE KNSW AUTHORISED VENUE, IN THE CAPACITY OF THE LICENCE HOLDER ACKNOWLEDGES AND AGREES:
1. KNSW is in the business of providing recreational services that relate to the sport of go karting, including official and private practice, come and try days, demonstrations, displays and race competition(“Business”).
2. By entering the KNSW Authorised Venue the Licence Holder is at risk of death or of suffering personal injury (both physical and psychological) or loss and damage to property (“Harm”) arising from KNSW conducting its Business.
3. Possible causes of Harm include, but are not limited to: being hit by a go kart or debris from a go kart, a go kart crashing into another go kart (including your go kart if you are a driver), a go kart crashing into safety barriers and fencing or driving off the circuit, debris on the circuit, you or another slipping and falling at the KNSW Authorised Venue, mechanical failure of a go kart or failure of a structure installed on the KNSW Authorised Venue, acts of violence or other harmful acts (whether intentional or inadvertent) committed by others at the KNSW Authorised Venue.
4. The Licence Holder releases and indemnifies KNSW 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.
5. The Licence Holder voluntarily entered the KNSW Authorised Venue at its own risk and knows that go karting is a potentially dangerous activity. The Licence Holder will not, whilst on the premises, consume or otherwise take in substances or do things that will adversely affect the Licence Holder’s physical or mental ability, capacity or judgement.
6. If the Licence Holder participates at the KNSW Authorised Venue in the capacity of a driver or pit crew, the Licence Holder declares that it has read and understood the KNSW Rules and the Supplementary Regulations issued for the day.
7. The Licence Holder has disclosed on this form any medical condition which may affect the Licence Holder’s physical or mental ability, capacity or judgement.
8. KNSW reserves the right to refuse the Licence Holder, without limitation, entry to the KNSW Authorised Venue and at any time may with draw its consent for the Licence Holder to remain at the KNSW Authorised Venue.
9. Before signing this form the Licence Holder has read and fully understands its meaning and that the Licence Holder, by signing this form, may be giving up important legal rights.
WARNING–AUSTRALIAN CONSUMER LAW AND OTHER LEGISLATION
Under the Australian Consumer Law, 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 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.
By checking this box I signal my agreement with the Declaration.