Terms & Conditions
Terms and Conditions of Bays' Wish Registration and Participation
1. The participant agrees, warrants and represents that:
- they are currently at least 18 years of age at this date of registration;
- they hold current cycling insurance either through membership of an Australian cycling club, or held privately;
- proof of current insurance (and/or membership of an Australian cycling club) will be required to finalise the registration process and/or participate in the event.
- the cycling equipment that they utilise for the event is in good repair and safe condition;
- they will wear an approved helmet and any other required safety equipment at all times during the course of the event and/or when requested to do so by event organisers.
- they have sufficiently prepared and physically trained for the event;
- they have no illness, injury, physical condition, disability or impairment which may affect their health or ability to fully participate unaided in the event themselves;
- they will immediately advise the event organisers of any change in their health and physical condition which may adversely affect their ability to participate in the event, their wellbeing, health or safety, or that of any other event participant(s) or road users;
- they enter and participate in the event entirely at their own risk;
- they acknowledge that participation in the event as a long distance, open road cycling event can be inherently dangerous and there are risks associated with such activity which are beyond the control of event organisers such as road conditions, weather, bush fire, venomous snakes and insects, other road users or vehicles, potential accidents, equipment failure, dehydration and over-exertion which might result in personal injury, damage to your property and/or even death;
- whilst participating in the event, they will accept and follow at all times, all reasonable directions provided by event organisers in their absolute discretion;
- they agree to accept and follow any reasonable medical advice offered or provided to them by qualified first aid or medical staff employed by event organisers and/or emergency service providers, during the course of the event and waive any and all claims against the event organisers for any loss, damage, personal injury or death arising directly or indirectly from failure to follow such medical advice or treatment;
- they are responsible for the security of their own personal possessions including their bicycle equipment;
- the event organisers are in no way responsible for repair or replacement of their personal possessions including their bicycle equipment, for any reason whatsoever.
2. RELEASES AND INDEMNITY
- To the greatest extent permitted by law, the participant releases the event organisers and holds them harmless from any and all claims, suits, action or demands any claims for loss, property damage, personal injury or death and/or associated legal costs arising in any way whatsoever from the event including where they transfer their entry to another person and/or permit another person to participate in the event in their place;
- The participant further indemnifies the event organisers in respect of any claim, suit, action or demand by any other person including any claims for loss, property damage, personal injury or death and/or associated legal costs arising in any way whatsoever from the event including where they transfer their entry to another person and/or permit another person to participate in the event in their place;.
- The participant acknowledges that, under the Australian Consumer Law and Fair Trading Act 2012 (“ACL”) as a ‘consumer of recreational services’ as defined by the Act, certain implied terms, rights and liabilities are implied into a contract for the supply of goods or services but if they participate in the event their rights to sue the event organisers under the Australian Consumer Law and Fair Trading Act 2012 if they are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted and/or modified in the way(s) set out in this notice.
The participant acknowledges that:
- The event organisers make no representations as to the existence or suitability of any insurance cover held by the event organisers and/or that any such cover will extend to cover race participants in any way whatsoever;
- Race participants must seek and obtain their own insurance cover, at their own expense whether through an Australian Cycling Club membership or privately themselves.
4. CANCELLATION OR MODIFICATION
The participant agrees that if the event is cancelled either in whole or in part, or the event route abridged, modified or changed due to safety concerns or for any reason beyond the control of the event organisers in their sole discretion, including but not limited to strong winds, heavy rain, lightning, other weather conditions, bushfires, credible terrorist threats, criminal activity, road accidents and/or hazards; their entry fee shall be non-refundable and the participant shall have no claim against the event organisers for any loss or damage suffered as a result of such cancellation or modification of the event, including but not limited to direct or indirect consequential loss.
- Participants authorise the event organisers to use their name and any photographs that are taken in the course of event for marketing, social media and other fund-raising purposes.
- “Event Organisers” include but is not limited to the organisers of the Bays’ Wish ride, Make a Wish Australia, their employees, agents, affiliates, directors, contractors, support crew, volunteers, members, sponsors, property owners, law enforcement agencies, emergency service providers, and any person or entity directly associated with organising or managing the event.
- “Participants” means each and every applicant for participation in the event. It also includes that person’s executors, trustee and permitted assigns.
- Participants accept the above terms and conditions, and waiver of rights against event organisers as a condition of their entry and participation in the event, before proceeding to check out during the online registration process.
Version dated 11/10/2019