Sunstate Motorcycles Events Waiver & Declaration
SUNSTATE MOTORCYCLES EVENTS WAIVER & DECLARATION
I hereby apply to participate in a Sunstate Motorcycles (“Sunstate”) event. In consideration of my registration being accepted I acknowledge and agree that:
1. In this membership declaration: “Sunstate Activities” includes (but not limited to) activities of all kinds, test rides, test drives, joy rides, and spectating. You acknowledge that you will be on your own and not under the direct supervision of Sunstate. “Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to personal injury, property damage, and/or economic loss. “Sunstate” means Sunstate Motorcycles (“Sunstate”) and its affiliated businesses.
2. This Waiver and Declaration will be interpreted under and governed by the laws of Queensland. I acknowledge my application will be deemed to be accepted upon my participation in Sunstate Activities and I acknowledge that I will be bound by and agree to comply with the constitutions, by-laws, regulations and policies of Sunstate. I acknowledge that these constitutions, by-laws, regulations and policies of Sunstate may change from time-to-time as the case may be.
3. Warning: The Sunstate Activities include dangerous sports and activities which carry an obvious risk of injury or loss, including death. You understand and acknowledge that you have full knowledge of the risks associated with the Sunstate Activities and that you voluntarily agree to make the choice to undertake the Sunstate Activities. You acknowledge that you fully appreciate the nature and extent of the risk associated with the Sunstate Activities.
4. Fitness to Participate: I declare that I am medically and physically fit and able to participate in any Sunstate Activities. I am not and must not be a danger to myself or to the health and safety of others. I will immediately notify Sunstate in writing of any change to my medical condition, fitness and ability to participate.
5. Exclusion of implied terms: I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods and services may be excluded.
6.Release & Indemnity: In consideration of Sunstate accepting my registration to participate I:
(a) Forever release Sunstate from all Claims that I may have or may have had but for this release arising from or in connection with my membership and/or participation in any Sunstate Activities;
and (b)Forever indemnify and will keep indemnified Sunstate to the extent permitted by law in respect of any Claim by any person arising as a result of or in connection with my membership and/or participation in any Activities.
7. Confidentiality: I acknowledge that through participation in Sunstate Activities I may be privileged to confidential proprietary information and contacts that are essential to Sunstate. In support of Sunstate I agree to not teach, share and/or profit from the proprietary information received from Sunstate.
8. Severability: If any provision of this agreement is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction, unless it materially alters the nature or material terms of this contract, including but not limited to the confidentiality cumulative covenants above.
9. Prizes: The winner must be present at the time of the prize draw. Sunstate reserve the right to withhold, withdraw or change prizes.
I have provided the information required overleaf and signed this form. I warrant that all information provided is true and correct. I acknowledge that this declaration cannot be amended. If I do amend, without consent of Sunstate, my membership and inclusion in competition will be immediately cancelled and the enduring clauses of this Application and Declaration will continue to bind me. I have read, understood, acknowledge and agree to the above declaration including the warning, exclusion of liability, release & indemnity, fitness to participate, confidentiality, and privacy. I acknowledge that if my application for inclusion in the Sunstate Activities is successful I will be entitled to all benefits, advantages, privileges and services of Sunstate membership.
NOTE: Where the applicant is under 18 years of age this form must also be signed by the applicant’s parent or legal guardian.