Waiver and Indemnity

It is an unfortunate sign of our times that we need to have all participants in Trips sign a Waiver and Indemnity prior to being involved in an Event (Meetings and Social Functions exempted).

See also Duty of Care.

Below is a sample of the Waiver and Indemnity you will required to sign.

[Name of Trip/Activity]

[Date]

Waiver and Indemnity

  1. I acknowledge and agree that four wheel drive activities including but not limited to tours/trips/travel, driving on unsealed roads/tracks, beach driving, water crossings, ascending hills/slopes, descending hills/slopes, vehicle recovery, winching, snatching, (‘4WDriving’) as provided and facilitated by Cockburn 4WD Club Inc (‘Cockburn’) is a potentially dangerous recreational activity involving many dangers and hazards (including but not limited to fires, collisions, rollovers, bogging, submersion, falls and impacts) that may give rise to a significant risk of vehicle damage, personal injury and even death and that such dangers and hazards and the attendant risk of injury or even death are obvious to me. 

  2. I acknowledge and agree that 4WDriving, and in particular the activity known as Xxxxx Xxxxx is a recreational activity that involves many dangers and hazards (including but not limited to fires, collisions, rollovers, bogging, submersion, falls and impacts) that may give rise to the risk of vehicle damage, personal injury and even death and that I have been warned of the said dangers and hazards and the attendant risk of vehicle damage, injury and even death. 

  3. I agree and accept that my participation in 4WDriving, and in particular the activity known as Xxxxx Xxxxx, with its many dangers and hazards that give rise to the risk of vehicle damage, personal injury and even death is at my own risk. 

  4. I further agree that should I suffer personal injury as a consequence of my participation in 4WDriving, and in particular the activity known as Xxxxx Xxxxx I waive any and all rights I might otherwise have to pursue a claim or claims:

(a) In contract on the basis that the 4WDriving was not provided with due care and skill; 


(b) That the said services were not fit for any particular purpose I made known to Cockburn, or that the services provided by Cockburn did not achieve any result that I may have made known to Cockburn; and 


(c) On the basis that Cockburn acted negligently or in breach of some other tort. 


5. I agree to indemnify Cockburn against any losses, costs, damages, expenses and liabilities sustained or incurred by Cockburn in connection with any claim, action, demand or proceedings, whether based in contract, tort or otherwise, by any person in regard to or arising out of any vehicle damage or personal injuries sustained by me as a result of engaging in 4WDriving, and in particular the activity known as Xxxxx Xxxxx. 


 

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