Waiver and Indemnity
- 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 the 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.
- I acknowledge and agree that 4WDriving 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.
- I agree and accept that my participation in 4WDriving 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.
- I further agree that should I suffer personal injury as a consequence of my participation in 4WDriving I waive any and all rights I and any minors accompanying me and under my care on this activity 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.
- I agree to indemnify Cockburn and it members and Office Bearers 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 and any minors accompanying me and under my care on this activity as a result of engaging in 4WDriving.
- I acknowledge and agree that this Waiver and Indemnity shall remain in force while I am a Member of Cockburn.