Risk Warnings

NSW Civil Liability Amendment (Personal Responsibility) Act 2002 No 92

  1. transferred some liability from volunteer organisers to participants which choose to participate in a recreational activity; and
  2. recognised the merit of such volunteer organisers providing a Risk Warning to notify participants of all obvious risks.

Risk Warnings - awareness of dangers

  • Some forms of cycling can be dangerous.
  • King of the Mountain Climbs in this website are on public roads.
  • Cyclists die on Australian roads each year.
  • Other cyclists break bones and incur varying degrees of nerve impairment from bike accidents which may be painful.
  • Extending one's cardio vascular system can cause a heart attack or other similar damage, so get your pipes (cholesterol reading) and ticker (blood pressure) checked out by a doctor before grinding up any of the 63 KOM Climbs.

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 -
    1. their employer doesn't cover for extended work time lost due to an injury suffered whilst cycling; or
    2. 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.
©2004 King of the Mountain: Performance Measurement