WARNING AND NOTE for recreational services or activities provided in NSW:
Participation in the Heart Foundation Gear Up Girl event (Event) operated by Fairfax Media Events Pty Ltd (ABN 31 104 735 766) (Fairfax Events) may expose you to certain risks including, but not limited to: overexertion; equipment failure; dehydration; serious accidents with vehicles, other competitors or pedestrians; exposure to lighting effects, rough terrain, obstacles and other risks associated with the course or adverse weather conditions.
You acknowledge that you are aware of the risks involved in participating in the Event and by accepting the Waiver you agree that the liability of Fairfax Events Pty Ltd (ABN 31 104 735 766) and its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) (Fairfax Group), in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law) and recreational activities (as that term is defined in the Civil Liability Act 2002 (NSW)) for any:
b) Physical or mental injury (including the aggravation, acceleration or recurrence of such injury);
c) The contraction, aggravation or acceleration of a disease;
d) 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:
(i) that is or may be harmful or disadvantageous to You or the community;
(ii) that may result in harm or disadvantage to You or the community ;
that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) as a result of your participation in the Event, is excluded.
To the extent that the Competition and Consumer Act 2010 (Cth) applies this release does not apply if significant personal injury is caused by the reckless conduct of the Fairfax Group. “Reckless conduct” is defined in section 139A of the Competition and Consumer Act 2010.
1. TERMS & CONDITIONS
By clicking the “I accept the terms and conditions for this Event” button You warrant and represent to Fairfax Events that:
*You are eligible to apply for participation in the Event;
*You have read and understood these terms and conditions and all other relevant material, including any Event Rules, Event Policies and the Warning and Note required under the ACL; and
*You acknowledge and agree that if You are accepted to participate in the Event, You must comply with these terms and conditions and all other relevant rules and policies including the Event Rules and Event Policies. NOTE: Participants under the age of 18 years can only participate where a parent or guardian accepts the Consent, Event Rules, Event Policies and the Warning and Note required under the ACL on behalf of the minor participant as part of the Event application process.
2.1. “Bicycle NSW” means Bicycle New South Wales Incorporated (ABN 26 511 801 801). 2.2. "Claims" means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence. 2.3. “Consent” means the form provided in the online entry system for parent or guardian acceptance and acknowledgement of the Terms and Conditions. 2.4. “Eligibility Requirements” means the requirements that must be satisfied for You to enter and participate in the Event, details of which are provided in paragraph 3 of these Terms and Conditions. 2.5. “Event” means the Gear Up Girl Event. 2.6. “Event Day” means the day or days that the Event is held on. 2.7. “Fairfax Events” means Fairfax Media Events Pty Ltd (ABN 31 104 735 766), its Related Bodies Corporate and authorised representatives. All references to “We”, “Us” or “Our” are references to Fairfax Events. 2.8. “Related Body Corporate” has the meaning given to that term in the Corporations Act 2001 (Cth). 2.9. “Terms and Conditions” means these Terms and Conditions (including the Warning and Note) and where the context allows, any policies and rules applicable to the Event. 2.10. “You” means the person named on the Event application being the applicant and where accepted by Fairfax Events, becoming a participant in the Event. Where You are under 18 years of age, where relevant, You also refers to the consenting parent or guardian. 2.11. “Warning and Note” means the warning and note provided in accordance with the Australian Consumer Law allowing recreational service providers to limit their liability to You.
3. Eligibility to Participate
3.1. If You are aged under 16 years of age at the date of the Event, You must be accompanied on the ride by a participating Parent/Guardian as nominated at the time of application.
3.2. If You are under 18 years of age on the date of the Event, a parent or guardian must accept the Terms and Conditions and acknowledge the Warning and Note required by the Australian Consumer Law. Where no consent is provided, You warrant that You are 18 years of age or older on the date of the Event.
3.3. You must be medically and physically fit and able to participate in the Event.
3.4. You must not be a danger to Yourself or to the health and safety of others.
4. Refusal of Applications
Fairfax Events reserves the right to refuse or revoke any application for entry into the Event for any reason at any time during or after application, including (without limitation) where:
4.1. An applicant does not meet the Eligibility Requirements;
4.2. An application, including a team application, is not completed by the nominated completion date;
4.3. The field cap has been reached, regardless of the circumstances; and/or
4.4. An application is made on the Event Day unless Fairfax Events makes a specific exception allowing the application.
5. Your Obligations
5.1. If Your application to participate in the Event is accepted, You will be permitted to participate in the Event on the condition that You comply with the Terms and Conditions and any reasonable direction issued by the Event organisers or their representatives.
5.2. You must immediately notify Fairfax Events in writing of any change to Your fitness and ability to participate in the Event. Where You do not provide any written notice to Fairfax Events, Fairfax Events will rely upon this as evidence of Your fitness and ability to participate.
5.3. To be eligible for on course refreshments and medical or mechanical support, You must be wearing all of the following: the designated event bib and helmet. In applying to participate in this Event, You consent to receiving any medical treatment that the Event organisers or their authorised representatives (including emergency services providers) consider reasonably necessary or desirable during or shortly after the Event. You must reimburse Fairfax Events for any costs or expenses incurred in providing You with medical treatment.
5.4. You must pay the fees due at the time of submitting Your application. No applications will be accepted or considered unless and until all fees have been received by Fairfax Events. Start times will be enforced by Fairfax Events. If you fail to start within the time allocated for the Event then you will not be eligible to participate in the Event or for any benefits in relation to the Event.
5.5. During the Event, You must comply with all traffic and road laws, all directions issued by Police and all instructions given by Fairfax Events and any employees, contractors, agents and/or volunteers representing Fairfax Events. Failure to do so may result in Your removal from the Event.
6. Preparation and Training, Health & Safety
6.1. It is Your responsibility to read all information that is made available from time to time on the Event website located at http://www.gearupgirl.com.au/ and in other literature concerning the Event.
6.2. You must consider the Event criteria and timings before registering and/or participating in the Event. Fairfax Events will enforce all Event criteria and timings to ensure a safe event for participants and for the non-participant community.
6.3. You must wear an Australian standard cycling helmet at all times during the Event while riding a bicycle.
6.4. You are responsible for ensuring that You have adequately and appropriately prepared both physically and mentally for the Event. If You have any health issues or doubts prior to the Event, You should immediately seek appropriate medical advice.
6.5. If, during the Event, You become ill or are injured, Fairfax Events will endeavour to arrange medical transport, usually in an ambulance. Any medical transport will be at Your expense. (Fairfax Events recommends that participants hold current ambulance service membership and /or health insurance to cover such costs).
6.6. It is your responsibility to ensure You have adequate food and drink for the ride. Any food and drink available on the rides is optional, will be at an additional cost and should not be relied upon. The food and drink options may be changed or vary without notice to participants.
7. Rider Identification
7.1. You must wear an Event rider number at all times during the Event. The Event rider number is to be attached to the handlebars of Your bicycle. If the rider number is removed during the Event then You are no longer considered a part of the Event and therefore will not be eligible to participate in the Event.
7.2. Rider numbers will be posted out prior to the Event, starting from Monday February 18. If You purchase Your entry on or after Tuesday February 12, 2019, You will have to collect Your Rider number from the start site before You ride. More information will be emailed to You closer to the date of the Event. If You do not receive a Rider number in the post as part of Your ride kit, You must request a new number and collect the Rider number from the start site at Sydney Olympic Park.
8. Common Sense
8.1. You must ride in a safe and responsible manner during the Event and use common sense at all times.
8.2. You must exercise caution on all public roads and other thoroughfares, be alert and ride defensively and courteously.
9. Event Variation
9.1. Fairfax Events reserves the right to change or vary the Event without notice.
9.2. Fairfax Events reserves the right, in its absolute discretion, to:
a) Change or vary the route of any part of the Event without notice; and
b) Cancel, postpone, reschedule or change the time or place for the Event or any part of the Event for any reason and at any time before the Event starts and/or during the Event.
9.3. To the extent permitted by law, Fairfax Events is not responsible for or liable to You for any loss, damage, cost or expense, whether direct, indirect, consequential or otherwise and howsoever or wheresoever incurred by You resulting from any such action taken by Fairfax Events.
10. Types of Vehicles Permitted
10.1. Only standard human-powered bicycles, unicycles, tricycles, recumbent, cargo bicycles, tandem bicycles, motor-assisted electrical pedal cycles, kick scooters and hand cycles are permitted in the Event.
10.2. Motor-assisted electrical pedal cycles are permitted in the Event.
10.3. The following vehicles (irrespective of the power output of the motor) are prohibited from the Event:
a) Motorised foot scooters (with or without a seat) –petrol engine.
b) Mini bikes or monkey bikes.
c) Motorised human transporters such as the WheelMan or SEGWAY.
d) Motorised skateboards – electric/petrol engine.
10.4. Private support vehicles are not permitted at the Event.
11. Risks, Liability and Indemnity
11.1. You acknowledge that participation in the Event can be inherently dangerous and that You may be exposed to certain risks during the Event including, but not limited to, overexertion, equipment failure, dehydration, serious accidents, and risks associated with the course and adverse weather conditions. These risks can and often eventuate and they may result in You being personally injured or killed or Your property being damaged. By entering into or participating in the Event You agree that:
a) You have read and understood the risks associated with participating in the Event and this warning, and accept and assume the inherent risks in participating in the Event.
b) You are fully responsible for the security of Your personal possessions at the Event including Your bike and other valuable items You agree that Fairfax Events is not responsible or liable for the repair or replacement of any personal possessions whether lost, damaged, stolen or otherwise.
11.2. You acknowledge that where You are a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. You acknowledge that these implied terms and rights and any liability of Fairfax Events flowing from them, are expressly excluded to the extent permitted by law. To the extent of any liability arising, the liability of Fairfax Events will, at its discretion, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the entry fee relating to the Event.
12. Release and Indemnity
12.1. In consideration of Fairfax Events accepting Your application for entry to the Event, You to the extent permitted by law:
a) Release Fairfax Events and Bicycle NSW from all Claims that You have or may have had but for this release arising from or in connection with Your participation in the Event; and
b) Indemnify Fairfax Events and Bicycle NSW and will keep Fairfax Events and Bicycle NSW indemnified in respect of any Claim by any person including another participant in the Event arising as a result of or in connection with Your participation in the Event or arising as a result of You transferring Your entry in the Event to another person or arising from You permitting another person to participate in the Event instead of You.
12.2. You acknowledge that Fairfax Events operates the Event on behalf of Bicycle NSW and holds the benefit of all releases and indemnities given in favour of Fairfax Events under these Terms and Conditions for its own benefit and also in trust for the benefit of Bicycle NSW.
13.1. You must pay all the fees due, including any amounts payable for additional services and additional merchandise and other options (including any credit card surcharges) that You nominate at the time of entry into the Event...
14.1. You acknowledge that refunds will only be issued for the Event entry fee where participation in the Event is not appropriate due to medical reasons and this is supported by a current medical certificate outlining the condition and lodged with Fairfax before 5:00pm on Wednesday 6 February 2019. I understand that a 50% administration fee will be deducted from the entry fee paid and if a ride pack has been sent out, You must return the ride pack to Fairfax Events at Your own expense. Refunds will not be made for any additional items purchased, such as Event merchandise and/or charitable donations.
14.2. Fairfax Events is not required to refund entry fees where a participant has a change of mind.
14.3. You acknowledge and agree that due to the nature of the Event and the fact it is held outdoors and the element of "luck” in the prevailing conditions, Your entry and participation in the Event may be affected by matters outside of the control of Fairfax Events, including but not limited to the weather and associated conditions. You accept that in such circumstances Fairfax Events has the right to alter the format of, shorten and/or cancel the Event in the interest of participant safety. Fairfax Events will use all reasonable efforts to conduct the Event in the planned format if it is safe to do so. Should weather conditions force any change, You accept that Fairfax Events is not obliged to provide You with any refund, credit and/or transfer to another Fairfax Events event or to restage the Event and that Fairfax Events is not responsible for or liable to You for any other loss, damage, cost or expense of any kind.
14.4. Fairfax Events reserves the right, in its absolute discretion, to refuse to allow You to participate in the Event or to remove You from the Event for any breach of these terms and conditions or if it otherwise determines it is appropriate to do so.
14.5. Fairfax Events is not liable to You for any loss, damage, cost or expense of any kind, including but not limited to, the refund of the entry fee, if You are denied access to or removed from the Event for any reason.
15. Transfers and Resale
15.1. Any attempt to transfer Your entry to another person without the knowledge of Fairfax Events may result in the cancellation of Your entry without refund and You may be prohibited from participating in other Fairfax Events events.
15.2. Participants are able to transfer Event distances prior to 11:59pm Monday 11 February 2019. If transferring from a shorter distance to a longer distance, You acknowledge that You will be required to pay the difference in the Event entry fee. Should You wish to transfer from a longer distance to a shorter distance, You acknowledge that You will forfeit the change in Event entry price. Entries are able to be transferred to another eligible participant prior to 11:59pm Monday 11 February 2019 return for payment of a $10 transfer administration fee to Fairfax Events. Entries cannot be transferred to another Event year or to a different event.
15.3. You must not offer Your entry or the entry of any other person for sale through any medium, including via auction (on eBay or any other auctioning or similar means). All individuals involved in such conduct will be disqualified from the Event.
16.2. If the information required in the Event application is not provided, Your application may be rejected.
16.3. You warrant that the information You provide in Your application for the Event is correct. If You provide incorrect information, Fairfax Events may disqualify You from the Event and You may be ineligible to participate in future events held by Fairfax Events.
16.4. You acknowledge that You may be photographed and/or filmed during the Event and You consent to Fairfax Events, Bicycle NSW and current and future Event sponsors using Your name, image and/or likeness at any time, to publicise and/or promote the Event or any future similar or other events in any form of media without any payment or compensation to You.
17. Governing Laws
Your participation in the Event is governed by the laws of the state of New South Wales, Australia or as otherwise agreed by the parties.
Fairfax Events has the right to amend these Terms and Conditions at any time with or without notice to you. A current version of these Terms and Conditions is accessible at [insert website link].
If any term or condition (in whole or in part) is illegal or unenforceable, that term or condition (or part) is to be severed from these Terms and Conditions to the extent that it is illegal or unenforceable. Any remaining part of a term or condition remains valid and continues to operate to its full force and effect.