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Terms and conditions for Riders and Support Riders joining the ride
“Content” refers to photos and blogs uploaded to websites and social media.
“Event” or “Peloton Charity Challenge” means any part of an 8-day cycling challenge conducted from 11-18 November 2018
“Ride Captain” refers to Riders who have previously participated in the Event and have been identified by Peloton Charity Events to provide a leadership role during the Peloton Charity Challenge. All Terms and Conditions applying to Riders also apply to Ride Captains, unless otherwise specified.
“Support Crew Member” refers to someone registered as a support person for the Event.
“Participant” refers to the eligible riders, ride captains, ride ambassadors and support crew members participating in the Event.
All Riders must be a current members of Bicycle NSW or another similar racing club that provides insurance as part of their membership. You have disclosed this, your membership number and warrant the membership is current as of the date of the event.
All Riders are responsible for providing all their own equipment in good working order.
Health & Safety
All Riders are responsible for ensuring that they have adequately and appropriately prepared both physically and mentally to ride with the Participants for length the event. You warrant you have undertaken a medical check with a doctor before riding with the Event and are fit to take on the challenge. By agreeing to this waiver all riders and support crew warrant that they have done so and are not aware of any illness, injury, physical disability or impairment which may cause them injury or death during their association with the Event. If the Support Rider has any health issues or doubts prior to or during the Event, the Support Rider warrants that they will immediately seek appropriate medical advice.
Riders and support crew authorises and permits the Event personnel and if required any appointed physicians, paramedics and other medical personnel to administer first aid treatment or any medical treatment or transportation in the event of any illness, accident or injury that may arise in connection with their attendance at, and/or their participation in, the Event. The Support Rider agrees to bear any medical and/or transport expenses incurred by the event its agents, the Event medical personnel, physicians, paramedics and/or any other medical personnel in the event of any illness, accident or injury that may arise in connection with their attendance at, and/or their participation in, the Event.
Compliance with State/Territory Laws
During the Event, the Support Rider will comply with all traffic and road laws in the jurisdiction that they are participating in and any directions issued by officers of the law in their state/territory.
The Rider will wear an Australian standard cycling helmet at all times during the Event while riding a bicycle.
Waiver and Acknowledgment
The Support Rider acknowledges and agrees that cycling is inherently dangerous and that they ride and attend and support the event at their own risk. The risks associated with being a Rider include but are not limited to the risk that:
(a) the Participant may be involved in a collision with people, animals, vehicles and/or other objects;
(b) the Participant may suffer harm from physical exertion;
(c) the Participant’s bicycle may malfunction and the Participant may fall;
(d) the Participant may otherwise fall from their bicycle for whatever reason; or
(e) the Participant may suffer from the effects of heat, cold, wind, rain and other weather conditions.
Each of these risks may result in the Support Rider suffering harm including but not limited to death, physical or mental injury, disability, property damage and economic loss. There may be other risks to which the Rider may be exposed, including injury caused to other parties or damage caused to the property of other parties. It is the Rider’s responsibility to ensure that they abide by all road and safety rules, including wearing appropriate clothing and safety equipment, such as helmets and lighting where appropriate, as may be required by the state and territory laws in the jurisdiction in which they are riding.
Release, Indemnity and Liability Exclusions
The Rider releases the event owner, organisers and ride captains from all claims (including those arising out of negligence), loss, damage, liability, cost and expense arising out of the Rider’s attendance at and support of the Event and the Rider indemnifies the event, event owners and ride captain’s against any claim (including but not limited to those arising in negligence), loss, damage, liability, cost and expense that may be incurred or sustained by the event in connection with any act, matter or thing done, permitted or omitted to be done by the Rider or which was in any way connected with the Rider’s involvement in the event.
Nothing in these terms and conditions excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including but not limited to a guarantee under the Australian Consumer Law (“ACL”)) which cannot lawfully be excluded, restricted or modified.
The ACL contains guarantees that give consumers certain rights in relation to goods and services they acquire. These guarantees cannot be excluded, restricted or modified except in certain circumstances. Section 139A of the Competition and Consumer Act (2010) (Cth) (“CCA”) permits a term of a contact for the supply to a consumer of recreational services, to exclude liability of the supplier for death and personal injury arising from the failure to comply with a guarantee provided in sections 60 to 62 of the ACL. To the extent permitted by s139A of the CCA, the Rider acknowledges and agrees that the event organisers excludes all liability in connection with the supply of recreational services for:
(b) physical or mental injury;
(c) the aggravation, acceleration or recurrence of a physical or mental injury;
(d) the contraction, aggravation or acceleration of a disease; and
(e) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual, that is or may be harmful or disadvantageous to the individual or community, or that may result in harm or disadvantage to the individual or community, resulting from a failure of Baptist World Aid Australia to comply with a guarantee in sections 60-62 of the ACL.
This exclusion of liability does not apply where significant personal injury is caused by the reckless conduct of Baptist World Aid Australia in accordance with s139A of the ACL.
The Civil Liability Act 2002 (NSW) (“CLA”) permits a term of a contact for the supply of recreation services to exclude liability of the supplier for damages for harm resulting from a breach of an express or implied warranty that the services will be rendered with reasonable care and skill. To the extent permitted by law, the Support Rider acknowledges and agrees that Baptist World Aid Australia excludes all liability for damages for any harm (including but not limited to personal injury or death, damage to property and economic loss and whether direct, indirect, special or consequential) from a failure to exercise reasonable care and skill, regardless of whether the claim is brought in tort (including in negligence), in contract, under statute or otherwise, where such liability results from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
Except as expressly included in these terms and conditions, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from these terms and conditions.
Privacy and Personal Information
The event collects personal information about Participants and Support Riders to ensure the smooth and safe running of the Event. If the personal information requested is not provided, the Support Rider or Participant cannot take part in the Event. By attending or joining the Event, each Participant or Rider consents to a using and disclosing their personal information to the event organisers and other third parties engaged to provide services in connection with the Event, for use for contacting the Participant or Rider in relation to the Event
The Rider grants this consent until such a time as they withdraw their consent by giving notice to the event The Rider can also gain access to, update or correct any personal information held by contacting the event organisers.
Finances and Expens
Riders will cover all expenses associated with their attendance at and involvement in the event. Riders will endeavour to make a financial contribution to the event, by making a donation to the Event or encouraging others to do so.
By attending the Event, the Rider agrees that:
(a) they may be contacted by the event organisers (or an agent of the event) to provide comments about the Event and )the event organisers may take photos or recordings of them;
(b) The event organisers may use any comments obtained from them, their name, and/or likeness and any photos or recordings of them (“the Materials”) for the events future promotional and marketing purposes without further reference or compensation to them;
(c) The event organisers may duplicate, alter, adapt and utilise the Materials as Baptist World Aid Australia wishes at any time, anywhere and by any means (including communicating them to the public in any media). The event organisers may license, authorise or otherwise transfer the rights in the Materials to others to do the same;
(d) they grant to the event organisers on creation of the Materials a worldwide, perpetual, royalty-free, exclusive and irrevocable licence to use the Materials for whatever purpose it determines;
(e) they unconditionally and irrevocably:
i. consent to any act or omission that would otherwise infringe any of their moral rights in the materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given (“Moral Rights”); and
ii. waive all Moral Rights in the Materials that arise outside Australia; and
(f) they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.
If for any reason, the Event is not capable of being run as planned, the event organisers reserves the right to take any action that may be available to it including cancelling, modifying or suspending the Event.
Any Rider who engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Event or who does not comply with the entry process will be required to leave the Event immediately.
The event organisers decisions in relation to all aspects of the Event are final and binding on each Participant or Support Rider and no correspondence will be entered into.