The Confederation of Australian Motor Sport Limited, trading as Motorsport Australia, recognises the importance of online event entry systems and their role in reducing the administrative burden of organising Motorsport Australia permitted events (Event). Online entry systems can, when used correctly, remove the need to obtain a Participant or Entrant’s physical signature on a form when they enter an Event.

However, it is critical that these systems meet certain legal requirements so that they are effective in obtaining each Participant and Entrant’s agreement to Motorsport Australia’s Disclaimer.

Obtaining their agreement to Motorsport Australia’s Disclaimer is not only a requirement of Motorsport Australia’s insurer, but it also assists in reducing Event Organisers, Motorsport Australia and others legal liability arising from an Event.

Motorsport Australia relies on Event Organisers to correctly obtain Participants and Entrants agreement to Motorsport Australia’s Disclaimer.

Sn electronic event entry system can be used by Event Organisers to obtain agreement to Motorsport Australia’s Disclaimer provided one of the following three requirements has been satisfied:

(a) Event registration is completed using Event Entry. Motorsport Australia has satisfied itself that it meets the requirements of the Electronic Transactions Act 2000 (Cth) (Act) (available at https://www.legislation.gov.au/Series/C2004A00553).

(b) Obtain a signed hard copy of the Motorsport Australia Disclaimer from all Participants and Entrants at the Event. The entry to the Event may still be booked and organised with an electronic system, however a signed form which includes Motorsport Australia’s Disclaimer must be obtained in writing in order to ensure that it is legally binding on the Participant and Entrant.

(c) Verify the compliance of the Event Organiser’s own electronic event entry system with the Act and confirm this to Motorsport Australia. In order to verify this to Motorsport Australia the following must be completed:

(i) The Event Organiser’s online entry system is designed to ensure that the Participant gives their legally binding consent to Motorsport Australia’s Disclaimer in accordance with Motorsport Australia National Competition Rules and the Act. Compliance with the Act will generally require the following steps:

(A) Obtaining the details of the Participant or Entrant.
(B) Taking steps to confirm that the details provided are correct.
(C) Presenting the Motorsport Australia Disclaimer to the confirmed Participant or Entrant.
(D) Confirming that the Participant or Entrant agrees to granting their approval to Motorsport Australia’s Disclaimer by use of the Event Organiser’s website.
(E) Obtaining and recording the Participant or Entrant’s agreement to the Motorsport Australia Disclaimer.

(ii) A letter is obtained by the Event Organiser from an Australian qualified legal practitioner and then provided to Motorsport Australia which confirms that the Event Organiser’ system that has been put in place meets the requirements and obligations of the Act and this Guide. This letter must be reissued where any changes are made to the Event Organiser’s system which affect the requirements of the Act.

Note: A guide to the Act is available on the Attorney-General’s website.

The information in this guide is general in nature and should be not relied on as, legal advice. Motorsport Australia recommends seeking advice from a qualified lawyer on the legal issues affecting you before acting on any legal matter.

While Motorsport Australia tries to ensure that the content of this information is accurate, adequate or complete, it does not represent or warrant its accuracy, adequacy or completeness. Motorsport Australia is not responsible for any loss suffered as a result of or in relation to the use of this information. To the extent permitted by law, Motorsport Australia excludes any liability, including any liability for negligence, for any loss, including indirect or consequential damages arising from or in relation to the use of this information.

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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.