ADDENDUM TO THE TERMS AND CONDITIONS
Warnings and releases exclusions regarding the Formula 1® 2018 Australian Grand Prix (Event)
- ENTRANTS ARE REMINDED AND AGREE, ACCEPT AND ACKNOWLEDGE THAT MOTOR RACING, THE EVENT AND CERTAIN ACTIVITIES ASSOCIATED THEREWITH (INCLUDING, WITHOUT LIMITATION, PARTICIPATION IN THE PRIZE) ARE DANGEROUS AND ACCIDENTS CAN HAPPEN.
- Entrants are warned that there is a possibility of an accident causing injury, death or property damage or loss while taking part in a prize. Participation in a prize (and taking part in the Event, where applicable) is at the Entrant’s (and their companion’s, where applicable) own risk. Entrants acknowledge that the risks associated with participating in a prize (and attending the Event, where applicable) include but are not limited to the risk of suffering harm as a result of cars (or parts of them) colliding with other cars, persons or property.
- Entrants acknowledge that participating in a prize and entry to the Event (as the winning Entrant of the prize or the companion) has a degree of danger and, to the extent permitted by law (in particular the Australian Consumer Law and Fair Trading Act 2012 (Vic) and the Competition and Consumer Act 2010 (Cth)), hereby exclude, release and forever discharge the Australian Grand Prix Corporation (AGPC) , the Crown in right of the State of Victoria, the Minister administering the Australian Grands Prix Act 1994 (Vic) (Act) , the Minister administering the Crown Land (Reserves) Act 1978 (Vic), Federation Internationale de l’Automobile, Formula One World Championship Limited, Formula One Management Limited, Formula One Licensing B.V., Formula One Asset Management Limited, Formula One Hospitality and Event Services Limited (UK), Formula One Marketing Ltd, Allsport Management S.A., CAMS, Parks Victoria, the State Sports Centres Trust, APP Corporation Pty Limited (ACN 003 764 770), Event sponsors and all other persons involved in the organisation, conduct and promotion of the Event (including officials, marshals, rescue and 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 (Associated Entities) from all liability for claims, loss, damage, costs or expenses arising from any personal injury or death whether arising from negligence or otherwise, arising from or connected with participation in or acceptance of the prize (or part of) or attendance at the Event.
- To the extent permitted by law (in particular the Australian Consumer Law and Fair Trading Act 2012 (Vic) and the Competition and Consumer Act 2010 (Cth)), Entrants acknowledge that, to the extent to which they participate at the Event in:
- a sporting activity or similar leisure time pursuit; or
- an activity that:
WARNING: If an Entrant (or their companion) participates in these activities their rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 (Vic) if they are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in these Terms and Conditions.
NOTE: The change to an Entrant’s rights as set out in this notice, does not apply if their death or injury is due to gross negligence on the supplier’s part. “Gross negligence” is defined in the Australian Consumer Law and Fair Trading Regulations 2012 (Vic).
For the purpose of Conditions 5 to 7 “the supplier” will mean and include the Associated Entities.
Nothing in Conditions 5 to 7 or these Terms and Conditions generally affects an Entrant’s rights under the Competition and Consumer Act 2010 (Cth), Consumer Law and Fair Trading Act 2012 (Vic) or similar legislation regarding implied conditions and warranties and limitations of liability to the extent that such implied conditions and warranties and limitations of liability cannot be excluded by law.
Without limiting any other release or limitation of liability contained in these Terms and Conditions, the Associated Entities will not be liable for any indirect or consequential loss suffered by any Entrant caused by any acts or omissions of the Associated Entities, their directors, employees, agents and contractors arising out of or in relation to the Event or the prize unless such liability cannot be excluded by law.
Where a prize includes tickets to the Event, tickets are valid for the date or period as indicated on the tickets. Tickets to the Event are subject to the Attendance Conditions stipulated by AGPC from time to time (displayed at Event entrances, viewable at www.grandprix.com.au and available by contacting AGPC directly).
Where requested by AGPC, any Entrant or winner (and their companion/s, if applicable) (or if an Entrant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by AGPC) in favour of all parties involved in this promotion and/or providing the prize prior to undertaking any specified activities forming part of the promotion or prize. If any Entrant, winner, nominated companion or parent/guardian (if applicable) do not sign the indemnity form provided by AGPC within the time requested by AGPC, the relevant Entrant’s or winner’s entry or claim will be deemed invalid.
For the avoidance of doubt, this promotion has been created and will be administered by the Promoter and not AGPC or the Associated Entities. By entering this promotion, each Entrant releases AGPC and the Associated Entities from any action or claim arising out of the promotion. Entrants of this promotion understand and agree that they are providing their information to the Promoter and AGPC. Any queries, questions, comments or complaints regarding this promotion must be directed to the Promoter, not AGPC or the Associated Entities.
- involves a significant degree of physical exertion or physical risk; and
- is undertaken for the purposes of recreation, enjoyment or leisure, (Recreational Services) , including, without limitation, participation in the prize, the Associated Entities do not make any warranty that the Recreational Services at the Event, including the prize, will be provided with due care and skill or that any materials provided in connection with the Recreational Services, including the prize, will be fit for the purposes for which they are supplied. Entrants acknowledge that, to the extent that any warranty is implied it is excluded to the full extent permitted by law.