Liability Waiver | Ride With Addikted

RECREATIONAL ACTIVITY RISK WARNING, ACKNOWLEDGEMENT, WAIVER AND RELEASE

1. Participation in the Ride with Addikted party bus (‘Recreational Activities’) supplied by Boyer Entertainment Pty Ltd (ACN 655 037 764) (‘Service Provider’) involves significant risks, including the risk of personal injury and death. Particular risks include, but are not limited to:

a risk of injury on account of participants being permitted to:
- bring alcohol to the Recreational Activities;
- consume alcohol during the Recreational Activities; and
- share alcohol with other participants before or during the Recreational Activities.
a risk of injury due to other guests being inebriated or intoxicated by drugs, alcohol or other substances – whether such inebriation or intoxication occurred before or during the Recreational Activities;
a risk of injury due to any physical altercations with other participants in the Recreational Activities, howsoever caused or arising;
a risk of injury on account of the Recreational Activities involving participants standing, sitting or otherwise being on-board a vehicle whilst that vehicle is in motion;
a risk of injury on account of there not being a qualified RSA or Security Guard supervising participants during the Recreational Activities;
a risk of injury, the exacerbation of existing injuries, or further injury on account of officers, employees, agents or contractors of the Service Provider who are trained and qualified in the provision of first aid deciding, in their absolute discretion and without adopting any further liability to the participants, to provide or not to provide first aid to participants who have suffered an injury;
a risk of injury on account of the Service Provider’s officers, employees, agents or contractors, including the driver of the vehicle, not having constant visibility or oversight of the participants during the Recreational Activities; and
a risk of injury, or a risk of injuries suffered during the Recreational Activities becoming more severe, on account of the vehicle only stopping at various locations determined in the absolute discretion of the Service Provider or its officers, employees or agents.

2. Before you participate in the Recreational Activities, you should ensure that you are aware of, and properly understand, all of the risks involved in the Recreational Activities, and that those risks will include any particular risks associated with any health condition or pre-existing disability from which you suffer.

3. By signing this document, you acknowledge, agree and understand that you engage or participate in the Recreational Activities voluntarily and at your own risk in full knowledge of the risks generally and particular risks described above.

4. By signing this document, you also acknowledge, agree and understand that the risk warning above constitutes a formal ‘risk warning’ for the purposes of the relevant legislation, including for the purposes of:

Section 5M of the Civil Liability Act 2002 (NSW);
Section 5I of the Civil Liability Act 2002 (WA);
Section 48 of the Consumer Affairs and Fair Trading Act (NT);
Section 43 of the Civil Law (Wrongs) Act 2002 (ACT);
Section 15 – 20 of the Civil Liability Act 2002 (TAS);
Section 31 – 39 of the Civil Liability Act 1936 (SA);
Section 50 of the Wrongs Act 1958 (Vic); and/or
Section 13 – 19 of the Civil Liability Act 2003 (Qld).

5. Section 139A of the Competition and Consumer Act 2010 (Cth) permits the Service Provider of the Recreational Activities and associated services to ask you to agree that the statutory guarantees under the Australian Consumer Law do not apply to you to engage in the Recreational Activities.

6. By signing this document, you acknowledge, agree and understand that, to the full extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth)):

Your rights to sue the Service Provider and its officers, employees and agents, for the Recreational Activities or associated services not being provided to you in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded, restricted or modified as set out below; and
You release the Service Provider and its officers, employees and agents, from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill.

7. By signing this document, you acknowledge, agree and understand that, to the full extent permitted by law, the liability of the Service Provider in relation to recreational services and activities (as that term is defined in the Australian Consumer Law and any similar State laws) for any:

death;
physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
the contraction, aggravation or acceleration of a disease;
the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs resulting from the supply of recreational services or recreational activities that:
- is or may be harmful or disadvantageous to you or the community;
- may result in harm or disadvantage to you or the community; or
- may be suffered by you;
is hereby excluded.

8. By signing this document, to the full extent permitted by law, you agree to waive and/or release the Service Provider and its officers, employees and agents, from any claim, right or cause of action which you or your heirs, successors, executors, administrators, agents and assigns might otherwise have against the Service Provider or its officers, employees or agents, for or arising out of your death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever which you may suffer or sustain in the course of or consequential upon or incidental to your participation in the Recreational Activities, whether caused by the negligence of the Service Provider and its officers, employees and agents, or otherwise.

9. By signing this document, you acknowledge, agree and understand that:

The Service Provider will permit you to participate in the Recreational Activities, and provide you with the associated services, in part in consideration of you signing this document;
The Service Provider may rely on this document in any proceedings commenced in any court by me or by my heirs, executors and assigns;
The laws of the State of Victoria, Australia govern this document.

10. You do not have to agree to exclude, restrict or modify or waive your rights against, or release, the Service Provider, its servants and agents, from any claims by signing this document, however the Service Provider may refuse to allow you to participate in the Recreational Activities, or to provide you with the associated services, if you do not agree to exclude, restrict, modify or waive your rights against, or release, the Service Provider, its servants and agents, by signing this document. Even if you sign this document, you may still have further legal rights.

Let us help you make memories that will last a lifetime!

Fields with * are required

First Name

Last Name

Phone Number

SOCIAL MEDIA HANDLE

TYPE OF EVENT

BOOKING TYPE

date of event (if known)

how many people (approx)

pickup time/s (approx)

pickup address (if known)

dropoff time/s (approx)

dropoff address (if known)

additional information

Thank you, [first-name] [last-name]

Your form has been received. Just screenshot this screen to show your host before boarding.

Don't forget to tag us in all your juiciest photos and videos @ridewithaddikted so we can experience the party with you!

Please enjoy your ride with us!