Individuals and entities who are involved with the operation of an event are potentially liable where someone suffers loss or damage in relation to an event. Motorsport has inherent risks, and the sport only survives because people are prepared to assume certain risks when attending or participating in motorsport. Motorsport Australia realises that the risk of receiving a claim, left uncontrolled, is a serious barrier to the operation of motorsport and the ability for events to be conducted.
To assist in controlling this risk, those who operate events under a Motorsport Australia permit (as well as other entities) are given certain coverage under Motorsport Australia's public liability insurance which is subject to certain requirements and exclusions. A requirement of Motorsport Australia's public liability insurance is that all drivers, entrants, service, pit crew and officials are required to sign a full waiver and indemnity before participating in an event.
In addition to the insurance requirements, Motorsport Australia also recommends that waivers and indemnities are obtained from others who are involved with or are spectators at events to the extent possible to mitigate the risk of obtaining a claim. Waivers and indemnities may be obtained through the use of signage, tickets and on-line entry systems.
While Motorsport Australia obtains various disclaimers and indemnities as part of its licence process and other warnings may appear, it is critical for insurance purposes that a full waiver and indemnity is provided by drivers, entrants, service, pit crew and officials in relation to each event.
A disclaimer and indemnity may be signed physically or electronically or accepted through use. Where a signature is obtained electronically, the requirements of the Electronic Transactions Act 1999 (Cth) (as well as any other state or territory legislation) should be considered and complied with.
It is the primary responsibility of event organisers who organise events under a Motorsport Australia permit to ensure that the necessary waiver and indemnity in place. It is possible that a claim may be denied if a waiver and indemnity is not obtained. The waivers and indemnities below have been designed to comply with Motorsport Australia's public liability insurance policy and law and should not be amended without seeking legal advice.
Motorsport Australia's standard general disclaimer wording may be formatted to suit your event if you do not wish to use Motorsport Australia's standard template forms. This text must be used wherever a disclaimer is required from a person in relation to a Motorsport Australia event. The text in the disclaimer must not be amended without permission from Motorsport Australia.