Club Cycling and Racing Is a Dangerous Recreational Activity

[geoff m]

Dear all, There has been some good discussion on risks of cycling.

The Club executive are looking to review and enhance understanding of risks and personal responsibibilities of those who choose to ride with the club. We are looking to further enhance understanding of safer riding and risk minimisation as well. In the interim and until the completion of the review, the following warning is posted.

RISK WARNING

Some forms of cycling are dangerous. An average of 36 Australian cyclists have been killed annually since 2000, which is lower than the average during the 1990s of 60 killed each year. 95% of these fatalities occur on the road, and less than 5% off road. Other cyclists in Australia break bones and incur nerve impairment from falling off their bikes in accidents which may be very painful.


An Australian cyclist could fall from his/her bike, inter alia, due to -

(i) being hit by a car or another cyclist, an animal, windgust; or

(ii) encountering a pothole; or

(iii) getting a wheel caught in a gap in a timber bridge, road, railway crossing, tramline, etc.

A negligent cyclist could -

(a) be litigated by a seriously injured cyclist under common law where the damages could exceed $500,000; and

(b) lose his/her home if he/she did not have separate public liability cover.

A seriously injured cyclist could be awarded damages which a negligent cyclist could not afford to pay if the negligent cyclist -

(I) did not have public liability cover; and/or

(II) did not possess valuable assets.

Waiver

By members and guests participating in any Dulwich Hill Bicycle Club (DHBC) activity they agree that they hereby abandon and waive any claim or cause of action which they, their executors and administrators might otherwise have for death, injury, damage or loss of any description, incurred by them directly or indirectly in connection with any Club or Club related activity whether arising from negligence or any other cause.

2) This waiver, release and discharge shall extend to and operate in favour of all persons, corporations and bodies, engaged in assistance, promotion or staging of any Club or Club related activity such as, but not limited to, Club Rides, Tours, Time Trials, Races (whether or not sanctioned by any Cycling Federation).

3) Participations agree by participating, that they will abide by instructions advised to them by those authorised to do so in the conduct of any Club or Club related activity and the rules of
the Club. They agree to indemnify the Club and any member thereof from all claims, actions, suits and proceedings whatsoever arising out of any wrongful action by themselves whilst engaged directly or indirectly in any Club or Club related activity.

4) Participants acknowledge and accept that cycling is a physically demanding sport carrying with it considerable risk of injury and potential danger of accident or collision. By participating they hereby assert that they are sufficiently fit and capable to participate in any activity they decide to undertake with the Club. They acknowledge that they do not rely on any representation from any person directly or indirectly associated with the Club that they are capable of undertaking the activity, which they do solely at their desire and risk.

5) Being aware of this risk warning and waiver, and by participating in club activities signifies acceptance of these.

6) Participants agree to abide by road rules applying to bicycles.

The Club thanks other similar not-for-profit cycling organisations (including BUGs under Bicycle NSW, and affiliated clubs under Cycling Australia) for information and practices related to risk warnings and risk waivers which are consistent and reflect a desire to be able to operate a club for benefit of members and guest, where participants engage in obvious dangerous recreational activities.

[weiyun]

The key conflict in this common waiver relates to clauses 1 and 6.

In the hypothetical case posted by Fouad, the second rider obviously did not obey road rules by failing to stay focused, keeping a safe distance and to stop behind the first rider in time. As a result, he could be considered to have waived his right for protection under this waiver, exactly as what's described in the section titled "A negligent cyclist could". If so, this waiver has only limited weight in court and may be challenged. As a result, it would only serve as a scare notice.

Geoff, given your participation with BNSW, it would be very helpful to review that BNSW waiver document with the legal team there. It would be interesting to find out the limitations of this waiver document. As you know, BNSW organized rides typically don't include formal bunch rides, hence may not be so applicable to club bunch rides. I suspect this is the major loop hole of this waiver as it stands.