The KBYG legal team has researched relevant Australian cases, applicable laws and trends overseas to design legal protection for; 1) the venue, 2) KBYG and 3) the manufacturer. The service is offered as a ‘courtesy’ to patrons, taking reasonable steps to deter drink driving, this does not make the venue, KBYG or manufacturer ‘responsible’ for patron behavior. A simple disclaimer has been developed and will be placed above the unit as follows:
“Although every effort is made to ensure the accuracy of this machine, Know Before You Go, its affiliates and agents, the manufacturer of this machine and the owner/management of this establishment, cannot guarantee the accuracy of individual results and are not responsible for any act or event the user may produce after their test. The user is solely responsible for their acts and for monitoring their alcohol consumption. Be aware that even if your test result if below 0.05% BAC, you may still be too impaired to drive legally. Your Blood Alcohol Content (BAC) may increase or decrease after this test based on your rate and time of alcohol consumption. It is recommended that the user test again to see the change in your BAC.”