The student must acknowledge his or her understanding that there are risks inherent in the process of learning to drive, and in driving a vehicle, and that while Daysafe Training has taken and will take every precaution to minimize such risk and to maximize the safety of Daysafe Training students, trainees and participants, some risks understandably remain, and cannot be controlled by Daysafe Training or its teachers, employees and agents.
In consideration of the above and of the participant’s (“Participant”) attendance at and / or participation in a Daysafe Training program, Participant hereby agrees as follows:
- I hereby knowingly and voluntarily waive forever any and all liability on the part of, and covenant not to sue or institute any claim against Daysafe Training, its agents, instructors, insurers, lessors, successors, or assigns, or of any sponsor (collectively “Daysafe Training”), resulting from or arising out of or in connection with my attendance at and/or indemnify and hold harmless Daysafe Training from any and all claims, demands or causes of action, which allege negligent acts or omissions of Daysafe Training, unless such negligent acts or omissions are found by a court of law to constitute willful, wanton or gross negligence.
- I acknowledge that the development of driving skills entails known and unanticipated risk which could result in physical and/or emotional injury to myself and/or third parties, and damage to my property and/or the property of others. I understand that while every effort is made to reduce them, such risks simply cannot be eliminated without jeopardizing the essential elements and of this type of driving skills training. Daysafe Training agrees to carry and maintain in effect, at all times throughout the performance of this waiver of liability and release agreement, insurance coverage, including contractual liability for bodily injury, death and property damages.
- I acknowledge that I must accept and assume all of the risk of my individual actions and responsibilities, and those existing in this type of training activity. I therefore accept and assume full responsibility for my actions during all Daysafe Training training, and during such time periods and locations which are within the scope of such training (including but not limited to classroom, parking lots, etc.). It is understood that Daysafe Training will not accept responsibility for the action and/or mistakes of any participant. This includes any laws that are broken by the participant when in control of the vehicle. Participant’s attendance is voluntary, and he or she elects to participate in spite of the inherent risks explained above.
- The Terms and Conditions attached hereto as Addendum 1 and incorporated herein by reference is applicable to the participant at all times during classroom and behind the wheel instruction. Student expressly acknowledges that failure of the participant to abide by the terms and conditions may result in termination of this waiver of liability and release agreement and immediate dismissal from the driver’s education program. In the event of such dismissal, all fees paid to Daysafe Training shall be non-refundable.
- Except as set forth in section 4 above, this waiver of liability and release agreement may be terminated at any time by mutual consent of both parties or by Daysafe Training at our discretion.
- All notices or other communications required or permitted to be given hereunder shall be in writing and any and all such items shall be deemed to have duly delivered upon actual receipt by email.
- The student shall have no right to assign its respective rights and obligations under this waiver of liability and release agreement, without prior written consent of Daysafe Training.
- This waiver of liability and release agreement shall be construed and enforced in accordance with the laws of Australia.
- No change or modification, of this waiver of liability and release agreement shall be valid unless the same is in writing and signed by both parties involved.
- If any section, paragraph, clause or provision of this waiver of liability and release agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this waiver of liability and release agreement, the intent being that the same are severable.
- Should Daysafe Training or anyone acting on their behalf, be required to incur attorney’s fees and cost to enforce this agreement, Participant agrees to indemnify them for all such fees and costs.
- By agreeing to this document, (by declaration on booking form or by hard copy signature), I acknowledge that if I am injured or if my property is damaged during my participation in this training, I may be found by court of law to have waived my right to maintain a lawsuit against Daysafe Training, it agents, instructors, insurers, sponsors, employees, successors and assigns.