Porsche Drive Day - Activity Waiver and Indemnity
PARTICIPANT WARNING
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YOU MUST NOT PARTICIPATE IN THE ACTIVITY IF YOU: ARE UNDER 18 YEARS OF AGE
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PARTICIPATION DETAILS - FORMULA 1 MOËT & CHANDON AUSTRALIAN GRAND PRIX 2027 PORSCHE DRIVE EXPERIENCE
ACTIVITY DETAILS
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Event: |
FORMULA 1 MOËT & CHANDON AUSTRALIAN GRAND PRIX 2027 |
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Activity: |
The Participant will drive or be driven around the Albert Park Grand Prix Circuit. The Participant will be wearing safety equipment provided by the Suppliers. |
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Date: |
Wednesday, 31 March 2027 |
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Venue: |
Albert Park Grand Prix Circuit, Melbourne, Victoria |
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Suppliers: |
Australian Grand Prix Corporation (AGPC), the Crown in the right of the State of Victoria, the Minister administering the Australian Grands Prix Act 1994 (Vic), the Minister administering the Crown Land (Reserves) Act 1978 (Vic), Fédération Internationale de l’Automobile, Formula One Marketing Limited, Formula One Management Limited, Formula One World Championship Limited, Formula Motorsport Limited, Formula One Asset Management Limited, Formula One Hospitality and Event Services Limited (UK), Formula One Licensing B.V., Formula One Research, Engineering and Development Limited, Formula One Digital Media Limited, Motor Sport Australia Pty Ltd, Allsport Management S.A., Parks Victoria, the State Sport Centres Trust, V8 Supercars Australia Pty Ltd, Integrated Event Delivery Management Pty Ltd and all other persons involved in the conduct, promotion and organisation of the Activity and the Event, including teams, service companies, national and international officials, suppliers, race direction, clerks of the course, sporting technical stewards, timekeepers, marshals, sponsors, rescue, medical staff, the competitors and drivers (such parties to include where relevant all directors, officers, employees, agents, contractors and affiliated companies and their respective personnel, and assigns). |
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Governing law |
Victoria and the Commonwealth |
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PARTICIPANT DETAILS AND CONSENT TO RECEIVE INFORMATION ELECTRONICALLY |
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EMERGENCY CONTACT DETAILS |
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WAIVER AND INDEMNITY FORM – FORMULA 1 MOËT & CHANDON AUSTRALIAN GRAND PRIX 2027 – PORSCHE DRIVE EXPERIENCE
1. BACKGROUND
I, the Participant, wish to participate in the Activity at the Event. I acknowledge that I have had the opportunity to elect not to participate in the Activity and my participation is voluntarily. I freely and voluntarily enter into this Waiver and Indemnity Form.
2. DECLARATION
I declare that I am physically able to participate in the Activity at the Event.
Specifically, I am not affected by:
a) drugs or alcohol and do not have a blood alcohol content (BAC) of above zero (0.00);
b) recent stroke or related surgery or illness;
c) heart or respiratory conditions, or cardiac disease;
d) neck or back pain, ailments or weakness;
e) broken bones or joint or limb ailments;
f) high blood pressure or aneurysms;
g) prescription medication that may adversely affect safe participation in the Activity; or
h) any other pre-existing medical or physical condition that prevents safe participation.
3. AGREEMENT
I confirm that AGPC and/or the other Suppliers have provided me with information, safety guidelines and safety equipment in relation to the Activity at the Event.
I agree to comply with all directions, policies, procedures and safety requirements of AGPC and the other Suppliers in connection with my participation in the Activity at the Event.
I acknowledge and agree that if I do not comply with the directions, policies, procedures or safety requirements specified by AGPC and the other Suppliers, AGPC or the other Suppliers, may in their absolute discretion, refuse or revoke my participation in the Activity. Any such decision will be final and not subject to discussion or review.
4. ACKNOWLEDGEMENTS
I acknowledge, represent and warrant that:
a) the Activity may be dangerous and involves inherent risks, including the risk of physical or psychological injury, illness, property damage or death;
b) as a result or participating in the Activity, I may suffer personal injury, death or property damage, any may incur or suffer loss of income (salary or wages, etc.) and other forms of financial, economic, indirect or consequential loss;
c) I understand the nature of those risks and voluntarily assume all risks associated with my participation in the activity;
d) I understand the effect of this Waiver and Indemnity, including that it is intended to limit the liability of AGPC and the other Suppliers;
e) AGPC and the other Suppliers may, in their absolute discretion, refuse or revoke my participation in the Activity at any time if they consider me, as the Participant, to be physically or mentally unfit to participate safely in in any aspect of the Activity;
f) I will comply with all directions issued by AGPC and the other Suppliers in connection with the Activity, including taking part in any required briefing prior to participation in the Activity and wearing any required safety equipment;
g) I consent to AGPC and the other Suppliers using my name, likeness, image and/or voice (including photograph, film or other recording) in any media, worldwide and for an unlimited period of time, without compensation for the purpose of promoting AGPC and the other Suppliers' events, activities, and products;
h) I consent to receiving electronic communications from AGPC regarding the Activity, the Event and futures events; and
i) I have entered into this Waiver and Indemnity freely, voluntarily, and on the basis of my own enquiries and assessment of the risks, and I am participating in the Activity entirely at my own risk.
AGPC has relied, and continues to rely, on the above acknowledgements, representations and warranties.AGPC has relied, and continues to rely, on the above acknowledgements, representations and warranties.
WARNING – WAIVER, LIMITATION OF LIABILITY AND INDEMNITY
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WARNING: If you sign this Waiver and Indemnity Form, you will be agreeing that your right to sue the Suppliers under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this Waiver and Indemnity Form, if you are killed or injured because the activities were not supplied in accordance with the statutory guarantees outlined below. |
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For the purposes of clauses 5b) to 5j):
i. 'Recreational Activities' means participating in any of the following at the Event:
A. the Activity;
B. a sporting activity or a similar leisure-time pursuit; or
C. any other activity that:
1. involves a significant degree of physical exertion or physical risk; and
2. is undertaken for the purposes of recreation, enjoyment or leisure.
ii. ‘Non-Recreational Activities’ means any activity undertaken while attending the Event which is not a Recreational Activity.
WARNING, WAIVER AND LIMITATION OF LIABILITY: RECREATIONAL ACTIVITIES
b) WARNING: PARTICIPATION IN RECREATIONAL ACTIVITIES MAY BE INVOLVE SIGNIFICANT RISKS, INCLUDING RISKS TO PERSONAL SAFETY. ACCIDENTS CAN AND DO HAPPEN. PARTICIPANTS SHOULD CONSIDER THESE RISKS CAREFULLY BEFORE PARTICIAPTING IN IN ANY RECREATIONAL ACTIVITIES.
c) I acknowledge and agree that:
i. participation in Recreational Activities is for my own enjoyment and leisure and is entirely recreational;
ii. participation in Recreational Activities involves inherent risks that cannot be eliminated regardless of care taken by the Suppliers;
iii. I have been warned that participation in the Recreational Activities carries a risk of personal injury, illness, psychological injury, property damage or death;
iv. the risk of injury may arise from or be associated with:
A. contact or collision involving a motor vehicle;
B. contact or collision with another participant or person;
C. movement of a motor vehicle;
D. weather conditions;
E. slips, trips, and falls;
F. the acts and/or omissions of other participants;
G. misuse, failure or malfunction of equipment; or
H. failure to follow instructions or directions in relation to participation in the Recreational Activities.
d) I have been given the opportunity to consider the risks associated with participating in the Recreational Activities and whether participation is appropriate for me.
e) To the maximum extent permitted by law, including section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), and subject to clause f), the Suppliers exclude all liability for death or personal injury arising out of or in connection with the Recreational Activities.
f) Nothing in this Waiver and Indemnity Form excludes, restricts, or modifies:
i. liability for death or personal injury caused by gross negligence of a Supplier;
ii. liability for fraud, fraudulent misrepresentation or criminal conduct by a Supplier; or
iii. any right, remedy, guarantee or liability that cannot be lawfully excluded, restricted, or modified.
LIMITATION OF LIABILITY AND INDEMNITY: NON-RECREATIONAL ACTIVITIES
g) I agree and acknowledge that:
i. enjoyment voluntarily attend and participate in the Non-Recreational Activities;
ii. Non-Recreational Activities take place in an event environment that may involve variable conditions including crowds, noise, weather, uneven surfaces, moving vehicles and restricted access areas and other hazards commonly associated with major events;
iii. I am responsible for taking reasonable precautions for my own wellbeing while attending the Event, including maintaining adequate hydration and sun protection;
iv. the risk of injury in participating in the Activity may arise from or be associated with to:
v. I am responsible for the safety and security of my personal property while attending the Event.
h) Nothing in this Waiver and Indemnity Form excludes, restricts or modifies any right, remedy, guarantee, condition, warranty or liability that cannot be lawfully excluded, restricted or modified under applicable law, including Australia Consumer Law and Australian Consumer Law and Fair Trading Act 2012 (Vic) ('Non-Excludable Obligations').
i) Subject to the Non-Excludable Obligations:
i. the Suppliers exclude liability for any loss or damage arising from risk assumed by me under clause e), except to the extent caused or contributed to by a Supplier; and
ii. the Suppliers exclude liability for any indirect, consequential, special or remote loss or damage, including loss of opportunity, loss of profit, loss of goodwill arising out of or connection with my participation in the Non-Recreational Activities.
j) I indemnify and must keep indemnified the Suppliers for any loss, liability damage, cost or expense suffered or incurred by a Supplier arising out of or in connection with my breach of this Waiver and Indemnity Form, except to the extent caused or contributed to by the Supplier.
6. RELEASE
To the maximum extent permitted by law, I agree to release AGPC and the other Suppliers from all liability, loss, damage, costs, claims and expenses (whether direct or indirect) arising out of or in connection with my participation in the Activity.
I acknowledge and agree that:
a) to the maximum extent permitted by law, I am solely responsible for any death, injury, loss or damage suffered by me or caused by me to any other person, and for any loss of or damage to my property or the property of any other person arising out of or in connection with my participation in the Activity; and
b) I will indemnify and keep indemnified AGPC and the other Suppliers against all losses, damages, liabilities, actions, suits, claims, demands, costs and expenses (including reasonable legal costs) arising, directly or indirectly, out of or in connection with any death, injury, loss or damage set out in clause 6(a) above.
7. INDEMNITY
a) I agree to indemnify and keep indemnified AGPC, the other Suppliers and their respective employees against all claims, losses, damages, liabilities, costs and expenses (including reasonable legal costs whether incurred or awarded against AGPC) that they may incur directly or indirectly, arising out of or in connection with my negligence, wilful misconduct, or failure to comply with any safety guidelines or any other directions issued by AGPC or the other Suppliers in relation to the Activity at the Event.
b) I acknowledge and agree that:
i. each exclusion, release, waiver and indemnity provided in this Waiver and Indemnity Form is given for the benefit of AGPC and each of the other Suppliers, and is held on trust by AGPC for each of the other Suppliers, so that each of the Suppliers may independently enforce those terms and conditions against me; and
ii. AGPC may enforce each exclusion, release, waiver and indemnity contained in this Waiver and Indemnity Form against me on behalf of any of the other Supplier on the basis that AGPC is their agent or trustee.
FOR THE PARTICIPANT
I, the Participant, acknowledge and agree that I have read and understood this Waiver and Indemnity Form and agree to be bound by its terms. I enter into this Waiver and Indemnity Form voluntarily and at my own free will.
SIGNED by the Participant
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(Signature of the Participant) (Name of the Participant)
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(Date)
