Waiver of liability
Motorcycle sport is dangerous and can result in serious injuries.
Acceptance of all risks:
I am aware that riding a motorcycle is fundamentally hazardous. I hereby expressly declare to GASGAS that I have the necessary motorcycle and riding skills and, in particular, that I have a valid driver's license. I know that riding in a group involves certain additional risks and dangers, and I accept all the risks involved. Such risks include, but are not limited to, physical injury, pain, emotional stress, trauma, illness and death, contact with other road users or other obstacles on the terrain/road, weather or ground conditions. I am aware of all of these risks and hereby waive any separate instruction in this respect. I shall be responsible for and bear the costs of any first aid, medical care, and further care that I may require. Furthermore, I shall be solely responsible for all damage I cause in terms of civil law, administrative law, and criminal law.
Waiver of liability and indemnification:
Knowing all the facts and accepting all the risks, I hereby waive – to the extent permitted by law – any right that I and my heirs and legal successors may have to hold GASGAS, its affiliated companies, its representatives, and employees, liable. Furthermore I indemnify them against all claims, damages, demands, or liability of any kind caused, directly or indirectly, by me. This waiver of liability shall apply without limitation to all claims asserted against GASGAS, its affiliated companies, its agents, and employees, now or in the future, for damage to property, personal injury, or death that may result in this regard. The above waiver of liability shall not apply to damages arising from injury to life, limb, or health (“personal injury”) caused by an intentional or negligent breach of duty or to other damages caused by an intentional or grossly negligent act on the part of GASGAS. Indemnity: I hereby – also on behalf of my heirs and legal successors – undertake to fully indemnify GASGAS, its affiliated companies, their legal representatives, and employees against all costs (repairs, damages, other expenses, etc.), directly or indirectly, caused by me due to damage to property, personal injury, or death – including attorneys’ fees and court costs – in this regard to the fullest extent permitted by law, but covering cases of negligent conduct as a minimum.
Other requirements and conditions:
• In connection with this waiver of liability, only the statements made herein apply and I may not rely on any other written or verbal admission or statement made by any third party regarding the risks associated with motorcycling.
• I shall always wear appropriate protective equipment while riding the motorcycle, which shall include, among other things, at least a certified crash helmet.
• I hereby irrevocably agree that my name and any photos, videos, or other images that GASGAS takes of me may be used and reproduced accordingly by GASGAS without requiring any further consent on my part.
• I am in good physical condition and am not subject to any physical or mental effects which might impair my regular riding ability.
• Before every use of the GASGAS motorcycle, I shall properly check in accordance with the owner’s manuals that the vehicle is in perfect mechanical condition and ready to be ridden, insofar as this is technically possible for me and any such malfunctions are apparent to a layperson.
• If I am requested to do so, I shall reimburse GASGAS for the cost of any damage to the GASGAS motorcycles caused by my negligence.
By signing the present waiver of liability, I hereby also expressly undertake to sign the GASGAS non- disclosure agreement incl. the CoC of the PIERER Mobility Group of which GASGAS is a member.
Data protection:
Within the scope of the disclaimer of liability, it is necessary to process your personal data. In addition, it may be necessary to forward the data to group companies or other bodies, such as insurance companies. The controller responsible for processing the data shall be GASGAS, Stallhofnerstr. 3, 5230 Mattighofen. The processing and disclosure of the data is based on Article 6 (1) (b) of the GDPR to the extent that the disclaimer of liability relates to the performance of a contract or in order to take steps prior to entering into a contract. In all other cases, the processing is based on our legitimate interests with regard to the disclaimer of liability (Art. 6 (1) (f) GDPR) or is necessary for compliance with legal obligations (Art. 6 (1) (c) GDPR). We shall retain the data you provide until the purpose for storing the data no longer applies. Mandatory legal provisions – in particular retention periods – remain unaffected. I hereby expressly consent to my personal data, as completed above, being used by GASGAS for the purpose of sending me information about GASGAS products and GASGAS services, insurance and warranty services, satisfaction surveys relating to the products I have purchased, and about motorcycle-related events and trips organized by GASGAS or third party providers, by mail, telephone, and e-mail. My data may also be transmitted for these purposes to companies belonging to the GASGAS Group. These data will be used, processed, and stored with strict confidentiality and in compliance with European data protection regulations. Personal data will not be marketed or sold to external companies as part of any promotional activities. I am entitled to revoke this consent, at any time and without giving reasons, by writing to GASGAS, Data Protection Department, Stallhofnerstraße 3, 5230 Mattighofen, Austria or by sending an e-mail to privacy@ktm.com.
Austrian law shall apply exclusively, excluding the conflict of laws rules of private international law and the UN Convention on the International Sale of Goods (CISG). The court of competent jurisdiction for A-5230 Mattighofen, Austria, shall have exclusive jurisdiction in respect of all disputes arising from or in connection with this agreement – to the extent permitted by law.
Riding on public roads:
I will act in a manner that is appropriate for the given road, weather, and other riding conditions and will comply with all traffic regulations as well as GASGAS’s instructions. I am in possession of a valid driver’s license, specifically for riding on public roads. I have been informed that the GASGAS vehicles do not have full comprehensive coverage and that I am therefore liable for all damage to the vehicle that I may cause negligently or intentionally and for the resulting costs. I confirm that I have read this document before signing it, have understood its legal consequences, and therefore expressly consent to this waiver of liability with my signature. The contracting parties hereby agree that the present agreement shall be concluded for an indefinite period of time and that either contracting party shall be entitled to terminate the agreement as of December 31 of each calendar year subject to a notice period of 3 (three) months.