Bike Blenheim - illegal waiver clause

DA_BURB

I am astounded at the waiver that entrants to the Bike Blenheim events are asked to sign, namely:

“In consideration of the acceptance of this entry, I assume full and complete responsibility for any injury or accident which may occur while I am traveling to or from the event, during the event, or while I am on the premises of the event.

I also am aware of and assume all risks associated with participating in this event, including but not limited to falls, contact with other participants, effect of weather, traffic, and conditions of the road. I, for myself and my heirs and executors, hereby waive, release and forever discharge the event organizers, sponsors, promoters, Active.com and each of their agents, representatives, successors and assigns, and all other persons associated with the event, for all my liabilities, claims, actions, or damages that I may have against them arising out of or in any way connected with my participation in this event.

I understand that this waiver includes any claims, whether caused by negligence, the action or inaction of any of the above parties, or otherwise.”

Surely this blatant attempt to exclude liability for death and personal injury caused through the organisers’ negligence is legally unenforceable. The organisers have a duty of care to the entrants and should not seek to bamboozle people into believing they can excuse them from that duty. I fully accept that I might injure myself as a result of an accident whilst cycling – that doesn’t mean I accept that others can behave in a reckless fashion without fear of prosecution. If i am in the beer tent (after my ride!) and it burns down because the organisers allowed a fire-eater to perform in there, they should assume responsibility for that

Obviously, I signed up and ticked the box, knowing they can’t enforce the clause.

bendertherobot

Very common though, I just sign without reading now. Can't be excluded.