4. Waiver & Risk Warning
IMPORTANT — OFF-ROAD ACTIVITIES CAN CAUSE SERIOUS INJURY OR DEATH.
Activities covered and risk warning
This warning is given for the purposes of section 5M of the Civil Liability Act 2002 (NSW). Activities include off-road driving and riding, rock crawling, trail riding, organised recreational events, camping, walking through activity areas, spectating, recovery and support activities.
I understand these activities involve inherent and sometimes obvious dangers, including rollover or loss of control; collisions; steep, uneven or unstable terrain; stumps, fallen timber, hidden holes, ruts, dust, mud, water and creek crossings; changing conditions; fences, gates, livestock and wildlife; dangerous or unpredictable conduct of others; mechanical or protective-equipment failure; weather, bushfire and environmental hazards; winching, towing and recovery; loading and unloading; and remote terrain with delayed emergency access. Consequences may include property damage, psychological harm, permanent disability, serious injury or death. These examples are not exhaustive and some hazards may not be marked or obvious.
Personal responsibility and Park rules
I participate voluntarily and will assess each activity against my ability, experience, vehicle/equipment and prevailing conditions. I will use authorised trails and areas only, obey signs, track closures, safety briefings and reasonable directions, use required protective equipment, remain free from impairment, supervise minors in my care and stop or decline any activity I consider unsafe.
I am responsible for ensuring my vehicle, motorcycle, SxS/UTV, ATV, restraints, helmet, tyres, steering, brakes and recovery equipment are mechanically safe and suitable. WROP assistance, recovery assistance or inspection is not certification that equipment or an activity is safe or fit for purpose.
Medical assistance
If I or a listed minor is injured or becomes unwell and cannot reasonably be consulted, I authorise WROP to arrange first aid, ambulance, medical treatment or evacuation as reasonably necessary. Emergency access may be delayed because of terrain or location.
Assumption of risk and permitted exclusions
I accept the inherent risks identified above. To the maximum extent permitted by law, contractual liability for recreational services is excluded or restricted to the extent permitted by section 5N of the Civil Liability Act 2002 (NSW), and consumer guarantees relating to recreational services are excluded or restricted only to the extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth).
Rights that are not excluded: Nothing in this document excludes or restricts a right or remedy that cannot legally be excluded or restricted. In particular, the section 139A exclusion does not apply to significant personal injury caused by reckless conduct within the meaning of that section.
Electronic records and privacy
This waiver applies only to the visit/event dates recorded above. I consent to electronic records and electronic signing and intend my drawn signature to authenticate and bind me to this document. WROP may securely retain the completed record, contact details and relevant medical information for administration, safety and legal record keeping.