NSW Civil Liability Amendment (Personal Responsibility)
Act 2002 No 92
- transferred some liability from volunteer organisers to participants
which choose to participate in a recreational activity; and
- recognised the merit of such volunteer organisers providing
a Risk Warning to notify participants of all obvious risks.
Risk Warnings
- awareness of dangers
Participant
Acknowledgement
It is incumbent upon each Climber that logs a Climb Time in
this website to -
- obey all the road rules;
- accept that Climbs are individual time trials from a 'rolling
start', commenced not less than 50m behind the previous Climber;
- keep to the left hand side of the left hand side unless
overtaking another cyclist;
- provide at least 1m clearance when passing any cyclist during
a Climb;
- not come to a halt immediately following a KOM Climb whereby
other cyclists might re-group at an unsafe road section;
- hold 3rd party public liability cover through membership
of a cycle racing club, Bicycle NSW etc in case another cyclist
or pedestrian is seriously injured due to their negligence;
- take out personal injury insurance if the Climber cannot
afford to forego income if rehabilitating due to a cycling
injury, and -
- their employer doesn't cover for extended work time
lost due to an injury suffered whilst cycling; or
- they are self-employed (or unemployed);
- be 18 years or older, as the Climbs are on open public highways
and this site does not purport to supervise any cyclist;
- accepts that cycling is a relatively dangerous sporting
activity; and
- be mindful that cycling up hills may strain one's motor.
Liability
Denial
This website is a performance measurement capability only.
None of the providers of this website take any responsibility
for any injury which a cyclist might suffer -
- whilst voluntarily cycling any of the Climbs listed herein;
- following a Climb due to pulling-up shortly après the KOM
and not getting off the roadway; or
- as a result of cycling up a Climb(s).
Release and
waiver
Each cyclist who registers as a Climber with this website waives
and discharges any right to any claim, action or cause of action
by the Climber or the Climber's heirs against -
(i) the organisers of this Site,
(ii) its auditors,
(iii) directors,
(iv) sponsors,
(v) sponsoring municipalities,
(vi) organizations; and
(vii) any others connected with this Site,
for any injury, harm or death, damages, loss or inconvenience
sustained as a result of the Climber voluntarily choosing to cycle
up any Climb listed in this Site, or any activities associated
therewith.
While the information contained in this website has been formulated
with all due care, the organisers of “King of the Mountain
performance measurement” does not warrant or represent that
the information is free from errors or omission, or that it is
exhaustive.
The information is made available on the understanding that the
organisers and its registered Climbers shall have no liability
(including but not limited to liability by reason of negligence)
to the users for any loss, damage, cost or expense incurred or
arising by reason of any person using or relying on the information
and whether caused by reason of any error, omission or misrepresentation
in the information or otherwise.
Information posted at this site and all inclusions are not to
be taken as advice. Users of the website will be responsible for
making their own assessment of the information and should verify
all relevant representations, statements and information with
their own professional advisers. Furthermore, while the information
is considered to be true and correct at the date of publication,
changes in circumstances after the time of publication may affect
the accuracy of the information.
This website, including all material posted to the site, is copyright.
You may download, display, print and reproduce this material in
unaltered form only (retaining this notice) for your personal,
in-house or non-commercial use. You may not re-transmit, distribute
or commercialise the material without the permission of the organisers.
Aside from use as permitted above or otherwise under the copyright
Act 1968, all rights are reserved. You may not use the “King
of the Mountain performance measurement” logo or any other
material from our site as a banner or icon without our permission.
Permission is not granted to reproduce, frame or reformat the
files, pages, images, information and materials from this site
on any other site without the permission of the organisers. |