TERMS AND CONDITIONS INCLUDING WAIVER OF LIABILITY

DEFINITIONS:

“I” means the person completing the registration personally or on behalf of someone else
“Event” means the Event I am registering for, including road cycling, mountain bike riding and other associated activities
“Organisers” means Optimum Project Pathways Pty Ltd. (ACN 149147580) t/a Jack Cycles Far
their directors, officers, employees, agents, volunteers and contractors, together with the local
government and all public bodies, landholders, sponsors and suppliers in any way involved in the organisation
or conduct of the Event
“Participant” means the person participating in the Event, including as a Rider, Support Crew member or
Volunteer
“Terms” means these Terms and Conditions

Registration

1. I warrant that all information provided to the Organisers is true, correct and complete.
2. I acknowledge that any Participant under the age of 18 as of the start of the event must have
Parent/Guardian consent to participate in the Event and must be accompanied by an adult for the
duration of the Event
3. I acknowledge that the Organisers may in their absolute discretion refuse an application for registration.
4. I acknowledge that the Organisers reserve the right to change any team name, or not allow the use of a
conflicting name.

Medical

5. I declare that I am mentally and physically able to participate in the Event and agree to disclose any preexisting
medical conditions that may affect my performance or be relevant if medical treatment is
required.
6. I understand that I should not participate in the Event unless I have trained appropriately and am in good
physical condition. I declare that I will ride within my skill level and capability during the Event.
7. I consent to emergency medical care and transportation in order to obtain treatment in the event of
injury to me as medical professionals may deem appropriate.
8. Clauses 29, 30, 31 and 32 extend to any liability arising out of, or in any way connected with, the medical
treatment and transport provided to me in the event of an emergency.

Assumption of Risk

9. I acknowledge and agree that:
a) The Event carries inherent risks including but not limited to contact or collisions with persons, objects
or wildlife, equipment related hazards, weather-related hazards, natural hazards and inadequate first aid
unavailable first aid and/or emergency measures;
b) Any of the risks identified in clause 12(a) and others not specifically named, may cause injury or injuries
including but not limited to scrapes, bruises, sprains, nausea, cuts, property loss or damage, broken
bones, fractures, torn or strained ligaments and tendons, concussions, heat-related illnesses, mental
stress or exhaustion, infection, loss of consciousness, permanent disabilities, stroke, spinal injuries, heart
attack, heart failure, brain swelling and death.
10. I acknowledge and agree that I am participating in the Event freely, voluntarily and absolutely at my own
risk and with a full appreciation of the nature and extent of all risks involved in the Event.

Insurance

11. I acknowledge that the Organisers have not and will not obtain insurance for me for the Event or
12. I acknowledge that I am fully responsible for the security of my personal possessions during the Event and
that the Organisers accept no responsibility for the loss or theft of any Participant’s belongings, valuables
or equipment.
13. I agree to promptly report any accidents, injuries, loss or damage I suffer or cause to another person
during the Event.

Riding Equipment

14. I declare that I will wear an Australian Standards approved cycling helmet at all times whilst riding a bike
during the Event.
15. I declare that my bicycle equipment is appropriate for the terrain and well maintained.

Communication

17. I acknowledge that Event communication will principally be made via email. I agree to provide a valid
email address during the registration process. If I do not have access to an email address I agree to make
every effort to read the updates which will be posted on the Event website.
18. I acknowledge that in accepting these Terms I agree to receive electronic updates. Participants can then
unsubscribe from electronic information.
19. I agree to read information that is made available on the Event website, in e-newsletters, the Event
manual and other literature concerning the Event.
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16. I understand that carrying spare parts for my bicycle is my responsibility (including tubes).

Intellectual Property

20. I acknowledge and accept that unless otherwise specified, any and all photographs, motion pictures,
recordings and/or likenesses of me captured during the Event by the Organisers, its affiliated entities or
contractors, and/or the media are the sole property of the Organisers.
21. I grant the right, permission and authority to the organisers and their designees to use my name and any
such photographs, motion pictures, recordings and/or likenesses for any legitimate purpose, including but
not limited to promoting, advertising and marketing activities.

Behaviour

22. I agree to follow any guidelines, rules, directions and instructions issued by the Organisers. I acknowledge
that failure to do so may result in exclusion from the Event, in which case no refund will be given.
23. I agree to conduct myself in a safe and responsible manner during the Event, using common sense at all
times.
24. I agree not to engage in any anti-social behaviour, criminal activity or other conduct that may result in
harm or damage to me, other participants or property. I acknowledge that failure to do so may result in
exclusion from the Event, in which case no refund will be given.

Cancellations & Refunds

25. I agree that the Organisers may in their sole and absolute discretion delay, reschedule, modify or cancel
the Event. If the Event is delayed, modified or cancelled due to reasons beyond the control of the
Organisers, including but not limited to extreme weather, acts of terrorism, riot, war, threatened or
actual strike, fire, flooding, earthquake, material shortage, unavoidable casualty or unsafe road/track
conditions, there will be no refund of entry fees and the Participant will have no claim for damages or loss
of any kind against the Organisers.
26. I agree to notify the Organisers in writing should I wish to cancel my participation in the Event.
27. I acknowledge that I am not able to transfer my registration to another person.
28. I acknowledge that the registration fee is non-refundable.

Waiver

29. To the extent permitted by law I agree that the Organisers shall be excluded from liability for ordinary
negligence in the conduct of the Event and the application of any of the provisions of Subdivision B of
Division 1 of Part 3-2 of the Australian Consumer Law and further the Organisers shall be excluded from
liability under any civil liability or consumer law applicable in Western Australia at the time of the Event
subject to the exception that this exclusion of liability will not apply in circumstances where the conduct
of the Organisers is reckless.
30. In consideration of being permitted to participate in the Event, to the extent permitted by law, I hereby
forever waive, release, covenant not to sue and discharge the Organisers from any and all claims, actions,
suits, demands, losses and other liabilities in relation to any death, physical or mental injury resulting
from the inherent risks of the Event or the ordinary negligence of the Organisers that I may have arising
out of my participation in the Event.

Indemnity

31. To the extent permitted by law, I hereby agree to hold harmless, defend and indemnify the Organisers
from any and all claims made by me arising from death, physical or mental injury or property loss or damage
due to my participation in the Event. This applies both to claims arising from the inherent risks of the
Event or the ordinary negligence of the Organisers.
32. I further agree to hold harmless, defend and indemnify the Organisers against any and all claims of coparticipants,
rescuers and others arising from my conduct in the course of my participation in the event.

Venue and jurisdiction

33. I acknowledge and accept that these Terms and Conditions shall be governed and construed in
accordance with the laws of the State of Western Australia and where applicable the Commonwealth of
Australia and I irrevocably submit to the non-exclusive jurisdiction of the Courts of Western Australia and
of the Commonwealth of Australia with respect to any legal action or proceedings which may be brought
in any way relating to these Terms and Conditions.

Severability

34. I acknowledge and agree that these Terms and Conditions are intended to be as broad and inclusive as is
permitted by the laws of Western Australia and that if any provision shall be found to be unlawful, void or
for any reason unenforceable, then that provision shall be severed from this agreement and does not
affect the validity and enforceability of any remaining provisions.

Integration

35. I acknowledge and agree that this agreement supersedes any and all previous or oral written promises or
agreements.
36. I understand that this is the entire agreement between me and the Organisers and cannot be modified or
changed in any way by representations or statements by any agent or employee of the Organisers.

Declaration

37. I acknowledge that I have read and understood the Terms and declare that by completing the registration
to participate in the Event I agree to be bound by them.