WARNING OF RISKS
2.1 There are inherent risks of participating in dangerous recreational activities at Ultra 4 Australia Inherent risks are risks that cannot be avoided by the exercise of reasonable care and skill.
2.2 There are obvious risks of participating in dangerous recreational activities at Ultra 4 Australia Obvious risks are risks to you that you could suffer harm which would be obvious to a reasonable person in your position and may include matters of common knowledge, things that may have a low probability of occurring or things that are not prominent, conspicuous or physically observable.
2.3 There are risks associated with equipment that you might use or come into contact with at Ultra 4 Australia, such as motorbikes, quad bikes, all-terrain vehicles, four-wheel drives, cars and so on. We are not in control of all of the equipment that is used at Ultra 4 Australia Equipment may belong to riders and visitors to Ultra 4 Australia or have been hired by riders or visitors. There is a risk that you could be injured or killed because of faults or defects in equipment or the way that equipment is used or if equipment is used by someone who has not been properly trained in how to use it.
2.4 There are risks connected with:
(a) any form of physical exercise or physical exertion.
(b) the normal, correct, safe, incorrect, accidental or reckless use of our facilities or equipment.
(c) the normal, correct, safe, incorrect, accidental or reckless use or completion of any obstacle or object; and
(d) any other form of goods or services provided by us at Ultra 4 Australia
2.5 The recreational activities at Ultra 4 Australia are dangerous. Engaging in dangerous recreational activities may result in:
(a) physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, organ damage, permanent injury, permanent disability or death; and
(b) psychological harm or injury.
2.6 Injury may occur as a result of your, other riders', other attendees' (including those not participating in any activities) and our staff’s age, degree of competence, sophistication, experience, coordination, athletic ability, reaction time or ability to ride or drive any mode of transport. The following factors can also cause injury, either alone or in combination with other factors:
(a) weather, including visibility (e.g. poor visibility or wet weather increases the risks of drivers or riders being in an accident);
(b) degree of deterioration of our facilities (e.g. terrain is mostly natural trails, and the trails can change as a result of the weather);
(c) surface conditions and other physical conditions (e.g. a rider might not notice loose gravel or a stone or other obstacle or might not have the ability to successfully navigate it, thus causing an accident; or a rider might go onto terrain that they do not have the ability to successfully navigate, thus causing an accident); and
(d) number of riders or participants engaging in the activities.
2.7 Injury may occur through a range of accidents and occurrences that could happen at a place like Ultra 4 Australia including but not limited to:
(a) you or others causing or being involved in an accident involving you or others.
(b) you or others observing someone else causing or being involved in an accident.
(c) damage to your or our equipment or our facilities.
(d) any failure to maintain your or our equipment or our facilities.
(e) the incorrect use of your or our equipment or our facilities.
(f) a failure by you or others to follow our instructions and directions.
(g) negligent acts and omissions by you, us or others.
(h) failures by you or others to avoid other people or hazards.
(i) any failure to use appropriate protective equipment.
(j) any failure to observe or obey all signs, warnings, and other rules (including those rules that relate specifically to the operating of bikes or vehicles); or
(k) the use of alcohol, tobacco, recreational drugs or any other prescribed, legal or illicit drug that adversely affects cognitive or motor function (all of which are strictly prohibited while using our facilities and equipment).
2.8 You acknowledge and state that:
(a) you are participating voluntarily at your own risk.
(b) an adequate warning has been provided with respect to the risks at Ultra 4 Australia.
(c) Those risks are being voluntarily assumed by you.
(d) you are physically fit and have no condition or injury that could be affected by your participation in or observing recreational activities at Ultra 4 Australia.
(e) we may administer or coordinate the administration of medical treatment which may be considered necessary by us in the event of injury or illness that arises during any recreational activities, and you will indemnify us and promptly pay upon written demand the costs of any medical treatment required.