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TO REGISTER AND PARTICIPATE IN THE RIDES ORGANISED BY MADCAT VICTORIA
 YOU MUST READ THE FOLLOWING AND AGREE AT THE BOTTOM OF THE PAGE

 BETWEEN:

 MADCAT VICTORIA INC.(Registration No. A0108990D)
(called “Madcat”)

• and  -

THE MEMBER (you, the member named above)
(called “the Member”) 

WHEREAS: 

1. Madcat is a not-for-profit organisation that organises adventure tours rides for its members from time to time (‘the Rides’).

2. The Member wishes to join the Rides on a voluntary basis, fully aware of the risks of these adventure tours rides and accepting that their participation in the Rides is at their sole risk.

3. The parties agree that Madcat shall not be responsible for any incident or event on the Rides nor for the impact of the Rides on the Member. 

4. The parties enter into this Deed to evidence their agreed terms.

NOW BY THIS DEED THE PARTIES AGREE AS FOLLOWS:

1. GENERAL ACKNOWLEDGEMENTS 

1. The Member agrees to join the Rides on an absolutely voluntary basis and shall not hold Madcat responsible or legally liable for any harm, injury, loss or damage which may be suffered or incurred by the Member as a result or flowing from (directly or indirectly) their participation in the Rides or as a result of or flowing from (directly or indirectly) any act or omission to act by Madcat. 

2. The Member further acknowledges and agrees that: 

1. Madcat is only responsible for facilitating the routes for the Rides and providing general guidance to the Member from time to time. Madcat shall not be held responsible for any event or incident that may be experienced by the Member on the Rides nor for any usual exigencies involved in the Rides which the Member may experience or suffer. 

2. Madcat has not made, and will not make, any representations in respect to the adequacy of the Member’s skills, level of physical or mental fitness or any other capacity in relation to the Member’s participation in the Rides. 

3. The Rides will be subject to local conditions at each specific ride location and Madcat makes no warranty as to the conditions the Member may encounter on the Rides.   

3. In participating in the Rides, the Member warrants that: 

1. They have the adequate experience and skills to participate in the Rides; 

2. They hold a valid driver’s license to participate in the Rides; 

3. Their motorcycle would always be in road worthy condition and appropriate in order to participate in the Rides; 

4. Their motorcycle would always be registered with the appropriate state authority; 

5. They shall carry out a pre-ride inspection of their motorcycle in accordance with the Pre-Ride Checklist Information Sheet which will be provided to them by Madcat; 

6. During the Rides, they shall carry their driver’s license with them at all times; 

7. They shall follow all the relevant road rules and related laws at all times; 

8. They shall not participate in the Rides if they are under the influence of any drugs; 

9. They shall wear safety gear which would be fit for purpose to participate in the Rides; 

10. They shall follow the ‘Corner Man System’ in accordance with the Corner Man Information Sheet; 

11. They shall utilise a mobile GPS or other appropriate navigation device to follow the route of the Rides as provided by Madcat; 

12. That they will make their own assessment of all risk associated with their participation in the Rides and the assumption of that risk; 

13. In making their risk assessment and deciding on the assumption of risk, the Member takes into particular account any health issues or physical conditions which may reasonably impact their involvement in the Rides; and

14. They will behave appropriately to the environments and circumstances to be encountered on the Rides.

4. The Member shall inform themselves (as necessary) of:

1. Climatic conditions that may exist at the Ride locations, including wet, slippery, dry, dusty, cold and hot conditions; and 

2. Any increased risk of practical risks that may exist at the Ride location. 

5. Solely for logistical purposes and without any acceptance of liability or responsibility by Madcat, the Member shall:

1. Disclose in writing to Madcat any health issues or physical conditions or other relevant matters of any kind concerning the Member and which might reasonably be expected to impact upon their ability to participate in the Ride; and 

2. During a Ride, if the Member believes that they are unable to participate further in a Ride, they must immediately inform the Madcat Ride Leader or Ride Sweep, as nominated by Madcat from time-to-time, regarding the circumstances. 

6. The parties agree that all references to Madcat shall expressly include all Madcat Committee Members, employees, volunteers, contractors or agents.

2. WAIVER

1. The Member acknowledges and accepts that the Member will be engaging in the Rides solely at their own risk and the Member hereby waives any entitlement or right they may have to make any claim against Madcat for any loss or damage they may suffer as a result of their participation in the Rides. 

3. LIABILITY & INDEMNITY

1. The Member hereby agrees to be liable for all acts, matters and things done by him or her in the course of the Rides, and they hereby fully indemnify Madcat in relation thereto.

2. The Member agrees to reimburse Madcat fully for any loss, damage, claims, or expenses of any nature (including, but not limited to, any legal costs on an indemnity basis) and for any amount which might be suffered or incurred by Madcat as a result of the conduct of the Member or as incurred on behalf of the Member during the course of the Rides.  

3. The Member agrees that First Aid may be administered to them in such manner that Madcat shall deem necessary. In such an event, the Member agree to indemnify, hold harmless and forever discharge Madcat for all injury or damage incurred in the course of administering the First Aid.

4. SOCIAL MEDIA 

1. Unless otherwise informed in writing, the Member consents to the use of any photographs taken by Madcat during the course of the Rides to be published in any advertising or promotional material of Madcat including on its website and social media platforms save where such photographs are offensive, or its publications would result in a breach of the law.  

2. The Member agrees and acknowledges that any post or comment made by them on social media in relation to the Rides or Madcat must be respectful and inclusive.

3. The Member agrees not to post any social media content which may contain a picture of another individual without the consent of that individual. 

4. Madcat may require the Member to remove any social media post that relates to Madcat or the Rides for any reason at all. 

5. MISCELLEANEOUS

1. The warranties made by the parties are to remain in full force and effect after the completion of a Ride and shall not be deemed to have been waived, merged, or extinguished upon such completion.

2. The laws of the State of Victoria shall apply to this Deed.