pastries.cc rider waiver

WAIVER OF LIABILITY, RELEASE AND INDEMNITY (WAIVER)

Pastries.cc Inc (Incorporation Number INC2400730) (PCC) is a cycling club organising cycling events and activities (Activities or Activity). 

Acknowledgement

By participating in any Activities, you acknowledge and agree that:

• the Activities require a significant degree of physical exertion and involve inherent risks and dangers including but not limited to property damage, physical or mental injury or death, and you participate these Activities voluntarily and at your own risk. You agree this constitutes a ‘risk warning’ under the Civil Liability Act 2002 (NSW) or any equivalent laws; 

• you are aged 18 or over, in good health, in proper physical condition and have the relevant skills to participate in the Activities and you do not suffer from any illness, ailment or incapacity that may hinder or affect your ability to participate in the Activities;

• you will participate in the Activities using a road legal, well-maintained bike with working brakes and suitable tyre pressure for the conditions;

• you are solely responsible for ensuring you have the correct skills, experience, preparation and equipment to participate in any Activities which you sign up to attend;

• you are solely responsible for your personal safety and personal possessions during the Activities;

• you will be self-sustained to complete your journey, including but not limited to carrying water bottles, food, front and rear lights and your own repair/tool kit;

• you will comply with all road rules applicable to bicycles and road cycling including Road Rules 2014 (NSW);

• you have been advised that you should have suitable personal insurance in place for the Activities, and understand that:

  • other participants of the Activities may or may not have suitable insurance for the Activities; and

  • if you do not hold suitable insurance, you may be personally liable for losses arising from your participating the Activities;

• you will comply with PCC’s reasonable instructions, safety direction or other requests to ensure the ongoing safety of all participants in the Activities;

• you will be personally responsible for any fees or costs incurred or arising from an accident either involving or caused by you; and

• you will notify PCC immediately of any incident or accident involving personal injury or illness experienced during any Activities.

Waiver, release and indemnity 

You agree:

• that, to the greatest extent permitted by law, you waive your right to claim against PCC, and release PCC from any liability for, any loss, damage or liability to you or your personal possessions arising out or in connection with you participating in any Activities, including in respect of any property damage, death, physical or mental injury, or any aggravation, acceleration or recurrence of any condition.

• to indemnify and hold harmless PCC from and against any claims, liabilities, losses, damages, proceedings or actions including reasonable legal fees arising from or in connection with you participating in any Activities.