GREEN CABS – PASSENGER LIABILITY WAIVER & ASSUMPTION OF RISK
(Electronic agreement – accepted via online form)

1. PARTIES

Service Provider: Green Cabs Pty Ltd (ABN 88133464276) – including its directors, employees, contractors, volunteers and agents (collectively “Green Cabs”).
Passenger: (“I”, “me” or “my”).

2. ACTIVITY COVERED

Carriage in a pedal-powered or electrically assisted pedicab (“cab”), including embarking, disembarking, waiting, photo stops and any other incidental activities (collectively, the “Service”).

3. ACKNOWLEDGEMENT OF RISK

I understand and acknowledge that:

  1. Pedicab travel occurs on public roads, cycle lanes, shared paths and private venues where:
    • traffic, pedestrians, animals, surface hazards, weather and equipment failure may cause injury or damage;
    • sudden stops, swerves, uneven surfaces or collisions may occur.

  2. Injury (including serious injury or death) and property loss or damage may result from these risks.

  3. I am physically able to participate and will secure any seat belt or restraint provided.

  4. I will follow any instructions given by the rider/driver and will not behave in a manner that endangers anyone.

4. RELEASE & WAIVER (to the extent permitted by law)

To the fullest extent permitted by the Civil Liability Acts, the Australian Consumer Law and any other applicable legislation, I:

  • RELEASE and forever discharge Green Cabs from all claims, actions, demands, costs or liabilities for personal injury, death, property loss or damage arising from or in connection with the Service, except where the injury or loss is proven to be caused by Green Cabs’ gross negligence or wilful misconduct; and

  • INDEMNIFY Green Cabs against any claim brought by, or on behalf of, any minor or third party in connection with my participation, including legal costs on an indemnity basis.

Nothing in this Waiver excludes, restricts or modifies any rights I may have under the Australian Consumer Law that cannot lawfully be excluded (“Non-Excludable Rights”). Where liability for breach of a Non-Excludable Right can be limited, it is limited – at Green Cabs’ option – to re-supply of the Service or the cost of re-supply.

5. MEDICAL & INSURANCE

  • I confirm I have no medical condition that would make the Service unsafe for me or others.

  • I authorise Green Cabs to seek emergency medical treatment for me at my cost if deemed necessary.

  • I understand Green Cabs does not provide personal accident, medical or travel insurance for passengers and I am responsible for my own cover.

6. PERSONAL PROPERTY

Green Cabs is not liable for loss of or damage to personal items unless required by Non-Excludable Rights. I will keep valuables on my person and secured.

7. MINORS

If the Passenger is under 18 years, a parent or legal guardian must complete the online form:

“I am the parent/legal guardian of the Passenger. I consent to their participation and agree to all terms of this Waiver on their behalf.”

8. GOVERNING LAW & SEVERABILITY

This Waiver is governed by the laws of the State/Territory in which the Service is supplied. If any provision is found unenforceable, it is severed and the remainder remains in force.

9. ENTIRE AGREEMENT

This document is the entire agreement between the parties concerning liability for the Service and supersedes any prior representation. It may only be amended in writing signed by Green Cabs.

10. ELECTRONIC SIGNATURE & ACCEPTANCE

By completing the online form, typing your full name in the field provided, and ticking the “I have read and agree to the terms” checkbox, you are providing an electronic signature pursuant to the Electronic Transactions Act 1999 (Cth) and corresponding State legislation. Green Cabs may retain an electronic record of your acceptance.

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