Chapter Release Forms - Minor

- THIS IS A RELEASE, READ BEFORE SIGNING -

In consideration for (without limitation) being permitted to participate in the EVENT(S) (later defined), I, as the parent or legal guardian of the individual aged under 18 years old ("MINOR"), agree to this Release on my own behalf, on behalf of the MINOR and on behalf of their heirs, personal representatives, administrators, executors, successors and assigns; and
(a) the MINOR wishes to participate in the EVENT(S) and I acknowledge that the MINOR benefits from being permitted to participate in the EVENT(S);

(b) I understand and agree that all Chapter members, Harley Owners Group (H.O.G.) members and non-members (ie guests) (including MINORS) participate voluntarily in all (1) Chapter rides, and social events, (2) inter-chapter rides and social events (with other Chapters) and (3) H.O.G. Rallies ("EVENT(S)") which may involve risks of loss and damage to property, injury and death. I am also aware that these risks include the danger of being injured by motorcycles, other motorized vehicles, other objects or the acts of others, and that by attending and participating in EVENT(S) I and the MINOR are taking on these risks. If I or the MINOR believe anything is unsafe, inappropriate, or unsuitable, I will instruct the MINOR to immediately cease participating further in the EVENT(S) and/or leave the area;

(c) I agree that, if the MINOR is a consumer of the EVENT(S), I will not make any claim against the sponsoring dealer for my membership, H.O.G., Harley-Davidson Australia Pty Limited, Harley-Davidson, Inc., its affiliates and subsidiaries, Harley-Davidson Motor Company, my Chapter, other H.O.G. Chapters and any of their respective officers, directors, employees and agents (“RELEASED PARTIES”) for any mental or physical injury that the MINOR may suffer (including paralysis or death), disease or aggravation of an existing condition that is harmful or could cause harm, as a result of a RELEASED PARTY'S breach of its statutory obligation to provide services with due care and skill or which are fit for purpose, or to provide those services in a timely manner, unless that injury is caused by the RELEASED PARTY'S reckless conduct;

(d) I release and discharge the RELEASED PARTIES from, and will indemnify them for and against, any and all injury, loss or damage to the MINOR, their person or property, and any and all claims, demands, rights, losses (including loss of profits), damages, costs or expenses (including legal fees and costs of investigation), liabilities or causes of action of any kind whatsoever ("CLAIMS"), which may in any way arise out of or in connection with the MINOR'S participation in any EVENT(S) where (i) I have agreed not to make a CLAIM or (ii) to the extent that the CLAIM relates to my or the MINOR'S negligence, reckless conduct or intentional misconduct. I agree that the social and economic losses and/or damages that could result from the risks associated with the EVENT(S) (i) may not be known or readily foreseeable at this time by myself or the MINOR, (ii) could be severe and (iii) could permanently change the MINOR'S future;

(e) I agree to ensure that the MINOR complies with any reasonable instructions or directions given by the RELEASED PARTIES in relation to the EVENT(S) and the MINOR'S attendance at and participation in the EVENT(S), including the MINOR'S presence in restricted areas. I agree that the RELEASED PARTIES may take photographs, images, film footage and other recordings depicting the MINOR'S participation in the EVENT(S) and I hereby consent to the RELEASED PARTIES reproducing, publishing and otherwise using such photographs, images, footage and recordings in any media at their discretion without obtaining any further consent from me and without any payment to me or the MINOR;

(f) I agree that Harley-Davidson Australia Pty Limited may collect the personal information that I provide when completing this Release. I understand that, if I do not provide the personal information, the MINOR may not be able to attend or participate in the EVENT(S). I understand that the personal information I have provided will be collected, used, stored and otherwise handled by Harley-Davidson Australia Pty Limited strictly in accordance with its privacy policy, and that a copy of that policy will be made available to me upon request; and

(g) I acknowledge that the RELEASED PARTIES may take action to enforce the terms of this Release even though they have not signed it.

CONSUMER RIGHTS STATEMENT

As a participant in the EVENT(S), you and the MINOR may be "consumers" of goods and services supplied by the RELEASED PARTIES for the purposes of consumer protection legislation, including the Australian Competition and Consumer Act 2010 (Cth) and equivalent State legislation and the New Zealand Consumer Guarantee Act 1993 ("CONSUMER RIGHTS"). Except as set out above, or as permitted by law, nothing in this Release is intended to exclude, restrict or modify your or the MINOR'S CONSUMER RIGHTS.

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