Terms & Conditions
Bays’ Wish Ride (‘the event’)
Terms and Conditions of Registration and Participation
1. The participant agrees, warrants and represents that:
a. they are currently at least 18 years of age at this date of registration;
b. they hold current cycling insurance either through membership of an Australian cycling club, or held privately;
c. 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.
d. the cycling equipment that they utilise for the event is in good repair and safe condition;
e. 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;
f. they have sufficiently prepared and physically trained for the event;
g. they have no illness, injury, physical or psychiatric / psychological condition, disability or impairment that may affect their ability to fully and safely participate unaided in the event;
h. they will immediately advise the event organisers of any change in their health and physical and mental 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), road users or the general public;
i. they enter and participate in the event entirely at their own risk;
j. they acknowledge and accept the risk 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 including, without limitation, road conditions, weather, bush fire, pandemic or epidemic, 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 property or even death;
k. whilst participating in the event, they will accept and follow at all times all reasonable directions provided by event organisers in their absolute discretion;
l. they agree to accept and follow any reasonable medical advice offered or provided to them during the course of the event by qualified first aid or medical officers engaged by event organisers and any emergency service providers, and waive any and all claims against the event organisers for any loss, damage, personal injury, illness, sickness and / or virus or death arising directly or indirectly from failure to follow such medical advice, COVID-Safe policies or to accept treatment;
m. they are responsible for the security of their own personal possessions including their bicycle equipment;
n. the event organisers are in no way responsible for repair or replacement of their personal possessions including their bicycle equipment, for any reason whatsoever; and
o. They agree to follow COVID Safe practices as required by state regulations, event organisers and latest health advice at the time.
2. RELEASES AND INDEMNITY
a. To the fullest extent permitted by law, the participant releases the event organisers and indemnifies and holds them harmless from any and all claims, suits, action or demands any claims for loss, property damage, personal injury, illness or death and/or associated legal costs arising in any way whatsoever from the event;
b. If the participant transfers their entry to another person or permits another person to participate in the event in their place, they will ensure that person is aware of these conditions and accepts them as a condition of participation, and the originally registered participant will indemnify the organiser fully against any claims made by their substitute for any reason whatsoever;
c. 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;
d. To the fullest extent permitted by law, all terms, rights and liabilities that are implied into a contract for the supply of goods or services that would otherwise apply as a ‘consumer of recreational services’ under the Australian Consumer Law and Fair Trading Act 2012 (“ACL”), are excluded, restricted and/or modified as set out in these Terms and Conditions.
The participant acknowledges that:
a. The event organisers make no representations as to the existence or suitability of any insurance cover held by the event organisers or that any such cover will extend to cover race participants in any way whatsoever;
b. 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
a. The event organisers shall have sole and unfettered discretion to cancel (in whole or in part) or change the event including route changes, abridgement or modification made due to safety concerns arising from any matter beyond the control of the event organisers including but not limited to strong winds, heavy rain, lightning extreme heat or other weather conditions, bushfires, natural disasters, epidemics or pandemics such as COVID-19, State regulations, credible terrorist threats, criminal activity (whether known or suspected), road accidents or hazards or any other matter that may impact on the efficient and safe conduct of the event or the health and wellbeing of staff, contractors or participants in the event and their families.
b. The participant agrees that their entry fee shall be non-refundable and no claim shall lie against the event organisers for any loss or damage suffered as a result of any 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 the event, including before and after the ride, for marketing, social media and other promotion or fund-raising purposes. Participants agree that they will sign any document requested by the event organisers in this regard and that by registering for the event, they nominate the event organiser as their agent to sign any documents required or the participant for this clause.
a. “Event Organisers” includes 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 including providing services for it whether under contract or not.
b. “Participants” means each and every applicant accepted for participation in the event. It also includes that person’s executors, trustees 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.