Terms and Conditions
Waiver Volunteer Disclaimer
This document signed by any participant is taken to be an acknowledgement and acceptance that Max Adventure Pty Ltd offers recreational services and activities (as defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law). The participant acknowledges that this document constitutes a ‘risk warning’ in accordance with the relevant legislation including the Civil Liability Act 2002 (NSW) and agree that they have chosen to participate in the services of Max Adventure Pty Ltd on their own volition and in accordance with Max Adventure Pty Ltd’s terms and conditions and this document.
In this document:
(i) “Organiser” and “the Organiser” means Max Adventure Pty Ltd (ACN 646 507 075) or assignees.
(ii) “Event” means any event organised by Max Adventure Pty Ltd.
1. I understand and acknowledge that volunteering at a Max Adventure Pty Ltd event is an inherently dangerous activity. I have properly read and understood the details of the Event, including the potentially hazardous activities required to be undertaken. The Event may involve traversing terrain of a hazardous nature, including both on and off road on rough loose surfaces and may also include slippery surfaces, unmarked hazards, dangerous cliffs and dangerous wildlife. I am aware of the hazards involved and acknowledge that there is always risk of injury (including permanent injury, mental injury, paralysis and death) and damage to my property. The hazards include, but are not limited to:
(i) remoteness from assistance or medical aid;
(ii) the nature of the Event including vehicle and pedestrian traffic, collision and contact with other participants;
(iii) actions of participants and spectators;
(iv) weather conditions;
(v) hypothermia and heat exhaustion;
(vi) physical exertion; and
(vii) the condition or suitability of participant’s equipment.
In my judgment I have sufficient competence, experience and equipment to perform my volunteer duties in all Event activities in a manner safe to myself and others.
2. I confirm that I am physically fit and suffer from no pre‐existing medical or other condition that may affect the risk that either I or any other person will suffer injury, loss or damage.
3. I acknowledge that the Organiser relies on information provided by me, and that all such information is accurate, up to date and complete.
4. I will not at any stage during the day(s) of the Event consume alcohol or any mind-altering substances. I understand and acknowledge the dangers associated with the consumption of alcohol or any mind‐altering substances before or during the Event. I accept full responsibility for any injury, loss or damage associated with the consumption of alcohol or any other mind‐altering substance. I accept that the Organiser retains the sole discretion to deny my participation in the Event due to actual or reasonably suspected consumption of alcohol or any mind-altering substances.
5. I agree to abide by the Event rules and directions of officials. If I fail to comply with the Organiser’s rules and/or directions, I will not be permitted to participate or to continue to participate.
6. In consideration of being allowed to participate in the Event, I (on my own behalf and on behalf of my executors, administrators, heirs, next of kin, successors and assigns):
6a. WAIVE, RELEASE AND DISCHARGE:
(i) Max Adventure Pty Ltd. and its assignees;
(ii) Event sponsors;
(iii) Event producers;
(iv) other volunteers;
(v) community organisations;
(vi) all State, Federal and Local Government authorities in which the Event may be staged; and
(vii) the owners, licensees or occupiers of any property upon which I enter and their (its) respective officers, directors, employees, independent contractors, sponsors, representatives, agents, members and volunteers, including medical and paramedical personal appointed for the Event,
from any and all liability for death, disability, personal injury, property damage, property theft and all other risks, claims or actions of any kind (including breach of contract, acts of negligence to the fullest extent permitted by law) whatsoever and however occurring, together with any legal fees incurred as a result of any such claim whether it is valid or not, which I at any time had or have as a result of or in connection with, directly or indirectly, my participation in and my travelling to and from the Event;
6b. INDEMNIFY AND HOLD HARMLESS the persons or entities mentioned in paragraph 6(a) from any and all liabilities, claims or actions (including negligence) whatsoever or however caused arising as a result of or in connection with, directly or indirectly, my participation in and travelling to and from the Event.
6c. Agree that, to the maximum extent permitted by law, my right to sue for personal injury and death or damage to property caused by any breach (that does not constitute a reckless breach by the Organiser) under any applicable legislation are excluded.
7. I acknowledge that I am responsible for my personal possessions and equipment during the Event.
8. I accept the communications, search, rescue and medical aid arrangements put in place by the Organiser. I understand and agree that I may be required to administer my own first aid due to remoteness and limited availability of medical aid services. If I suffer any injury or illness, I agree that the Organiser may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.
9. I confirm that the medical information supplied by me on the entry form is true and I consent to and authorise that information to be provided to any medical practitioner, ambulance officer or any person involved or associated with any medical treatment or assistance that may be given to me as a result of my participation in the Event, regardless of whether the treatment is given.
10. I acknowledge that the Event arranged insurance covers public liability and not myself whilst participating in this event. I am responsible for my personal accident insurance and ambulance cover.
11. I agree to allow my photograph, video, multimedia or film likeness and or name to be used for any legitimate purpose by Max Adventure Pty Ltd., its sponsors or assigns without payment or compensation.
12. Max Adventure Pty Ltd, in its sole discretion, may delay, modify, postpone, alter the course or cancel the Event if it believes the conditions on the race day are or will be unsafe following the commencement of the event.
13. I accept that I will not be remunerated for my participation in the Event (including where the Event is cancelled and/or postponed for any reason).
15. I understand that I must not distribute, communicate or disseminate any material or information or message on any medium or platform (whether online or offline) which may damage, defame or otherwise negatively affect the reputation of the Organiser.
16. I am aware as to whether the Event involves swimming. I agree that should swimming be required, I am a strong swimmer and am able to swim 100 meters unassisted. I accept and understand that such waters required to be swum in are subject to weather conditions and I will exercise all reasonable caution in my swimming activities.
17. EXCLUSION FROM THE EVENT – I agree to abide by the Event rules and directions of officials, and I understand that my entry may be voided due to my actions or behaviour. Max Adventure Pty Ltd reserves the right to exclude participation in the Event, for reasons including but not limited to:
(i) failing to comply with Max Adventure Pty Ltd.’s directions;
(ii) not being in the opinion of Max Adventure Pty Ltd in a fit state to participate; and/or
(iv) for any reason determined by Max Adventure Pty Ltd (acting reasonably).
BY SIGNING THIS DOCUMENT I ACKNOWLEDGE THAT I HAVE READ THIS ASSUMPTION OF RISK AND (WHERE REQUIRED) IT HAS BEEN EXPLAINED TO ME. I FULLY UNDERSTAND ITS TERMS AND THAT I AGREE TO ABIDE BY THOSE TERMS ABOVE. I SIGNED THE DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT MADE TO ME AND INTEND MY SIGNATURE OR OTHER ACKNOWLEDGEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.