THIS IS AN IMPORTANT DOCUMENT. YOU MUST READ IT CAREFULLY BEFORE YOU ACCEPT THE TERMS AND CONDITIONS THAT IT CONTAINS. BY COMPLETING YOUR REGISTRATION THROUGH THIS PORTAL, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (Terms).
1. The 2016 ORICA-BikeExchange Winery Ride @ Mitchelton (Event) is owned, organised, administered and managed by GTR Events Pty Ltd (GTR). 2. The acceptance of these Terms by an applicant for registration in the event (a Rider) and acceptance by GTR of the Rider's application for registration constitute an agreement between the Rider and GTR incorporating these Terms (Agreement).
Registration 3. The Event is a recreational ride with varying distance options. The event website (www.wineryride.com.au) (Event Website) sets out the age requirement for each distance option. 4. At the time of registration, the Rider must select a distance option and provide their date of birth. 5. The Rider must have attained the prescribed age for their chosen distance option on 1st January 2016 in order to register for that distance option. 6. GTR reserves the right, in its absolute discretion, to accept or decline an application for registration. 7. Registration places for the Event are limited in number. 8. If not sold out prior, registrations will be accepted on the day of the event. 9. The Rider must provide their current contact details and the current contact details (including a valid Australian telephone number) for an emergency contact (e.g. next of kin) so that GTR can contact that person if the Rider is involved in an emergency situation. The Rider must notify GTR of any change to these contact details, or any other information provided in their registration, by sending an email to firstname.lastname@example.org. 10. Riders are only permitted to ride human powered bicycles in the Event. Motorcycles, scooters and motorised and power-assisted bicycles/vehicles are not permitted. 11. Full payment of the registration fee is required to confirm Rider registration. 12. All prices are quoted in AUD per person and are inclusive of Goods and Services Tax. 13. All information provided to Riders by GTR may be subject to change at any time in the absolute discretion of GTR. 14. Riders who enter before midnight on Wednesday 31 August 2016, will go into the draw to win a framed ORICA-BikeExchange team jersey signed by the Tour de France team members. The winner will be picked at random on Sunday 20 November at Mitchelton Winery.
Communications 15. All Event related communication prior to the event will be made via the Event Website, email and/or post. The Rider must provide a valid postal address and a valid email address at the time of registration. The Rider must notify GTR of any change to their contact details by sending an email to email@example.com 16. The Rider must review the contents of the Event Website before submitting an application for registration and immediately before participating in the event.
Rider Health and Safety 17. The Rider must participate in the event in a safe and responsible manner, using common sense at all times, and obeying all applicable road laws and regulations. 18. The Rider must exercise caution on the course. The Event will be conducted under varying road conditions which may include open roads, partial road closures, full road closures and or other changed traffic conditions. Parts of the course will run alongside traffic and other thoroughfares with riders needing to, at times, share the course with other users, including but not limited to: general vehicle traffic, support vehicles, other bicycle riders and pedestrians/spectators. Specific details can be found on the Event Website. 19. The Rider must use a roadworthy bicycle and helmet which comply with applicable road laws and regulations and are in good working condition. 20. The Rider must ensure they are capable of riding the distance of the selected course. It is the responsibility of the Rider to ensure they are medically and physically fit and able to participate in the Event and that they have undertaken adequate training and preparation. 21. GTR will be providing some refreshments at Aid Stations around the course, however the Rider is responsible for ensuring they bring adequate food and drink to meet their entire individual ride nutritional requirements. 22. The Rider must disclose to GTR any pre-existing medical or other condition that may impact on their participation in the event or that GTR should be aware of. The Rider consents to any such information being collected by GTR and being disclosed to the event medical team and used for the purposes of the Event. 23. GTR reserves the right to ask a Rider to cease participation if the Rider is unable to reach the designated cut-off locations on course within the prescribed time limit identified on the Event Website. All Riders who do not meet these prescribed time limits will be advised by GTR or marshals to conclude their ride. 24. Rider support vehicles are not permitted on the ride. GTR will provide support vehicles including SAG wagons, medical support and mechanical support. 25. If during the Event a Rider becomes ill or is injured, GTR will endeavour to arrange medical transport (usually in an ambulance). Any medical transport will be at the Rider's own expense. 26. GTR reserves the right to remove any persons from the Event where it considers it necessary to do so for health and safety or any other reason. 27. GTR reserves the right to alter, cancel or amend the course or the Event due to an emergency, inclement weather, extreme heat or any other operational needs prevailing at the time. These decisions are always made in the interests of health and safety. It may be necessary to alter or amend Event itineraries and other arrangements from those published. 28. If the Event is cancelled for emergency reasons, the cancellation process will be undertaken in accordance with the Event Emergency Management Plan and in accordance with any advice or directions from Emergency Services personnel.
Cancellation, Transfer and Refunds 29. All registration cancellations received by GTR by 5:00pm EDT on Monday 24 October 2016 will be entitled to a 50 per cent refund of registration fees paid. 30. All cancellations received after Monday 24 October 2016 at 5:00pm EDT will not be entitled to any refund whatsoever unless otherwise determined by GTR in its absolute discretion. The Rider will not be entitled to a refund if the Event is cancelled due to extreme weather conditions. 31. Notwithstanding paragraph 29, in the case of Force Majeure, GTR may, at its absolute discretion, offer a partial or full refund to the Rider. For the purposes of this paragraph 30, Force Majeure means a circumstance, event or cause beyond the reasonable power and control of GTR, including (to the extent it is beyond the reasonable power and control of that party) acts of God, storm, tempest, fire, act of public enemies, civil commotion, strikes, lockouts, stoppages, restraint of labour or other similar acts, power or water shortage, course or venue conditions, casualties or acts or omissions of any government or governmental authority. 32. The Rider acknowledges that after Monday 24 October 2016 at 5:00pm EDT their registration is not transferable to any other person under any circumstances. Any attempt to transfer the Rider's registration or to allow another person to participate under the Rider's name may result in the Rider's registration being cancelled without refund.
Acknowledgement of Liability and Risk 33. The Rider acknowledges and agrees that participation in the Event is inherently dangerous and that the Rider participates at their own risk. The risks associated with participating in the event include, but are not limited to, the risk that the Rider may: a) be involved in a collision with people, animals, vehicles and/or other objects; b) the Rider may lose his/her balance; c) suffer from the effects of heat, cold, wind, rain and other weather conditions; d) suffer from physical exertion; e) become separated from the cycling group during the event; and f) fall from their bicycle, and these risks may result in the Rider suffering from harm including, but not limited to physical or mental injury, disability, death, property damage or economic loss. There are other risks to which the Rider may be exposed during the event. It is the Rider's responsibility to ensure that he/she wears appropriate protective clothing and safety equipment, including a helmet in accordance with paragraph 18.
34. GTR strongly recommends that all Riders take out health insurance, ambulance cover and travel insurance (if applicable) to cover their participation in the Event. 35. GTR has arranged limited insurance cover which may apply to the Rider if the Rider has a current membership with Cycling Australia or State cycling governing body, or if the Rider has paid for non-member insurance at the time of registration. This insurance is intended to complement the Rider's own insurance cover and may provide the Rider with some protection for loss, damage or injury suffered during participation in the Event. However, the Rider acknowledges and accepts that insurance taken out by GTR may not provide full indemnity for loss, damage or injury that may be suffered during participation in the Event, and that the Rider may have to pay the excess if a claim is made by GTR on the Rider's behalf. The Rider agrees that the Rider's insurance arrangements are the Rider's responsibility. The Rider will arrange any additional coverage at their own expense after taking into account their personal circumstances and will obtain their own advice at their own expense with respect to the appropriateness or effectiveness of the insurance provided. For full policy information, the Rider should contact GTR by email to firstname.lastname@example.org 36. Nothing in these Terms is intended to exclude, restrict or modify any term, condition, warranty, guarantee, right or remedy (including but not limited to a guarantee under the Australian Consumer Law) which cannot lawfully be excluded, restricted or modified. 37. The Australian Consumer Law contains guarantees that give consumers certain rights in relation to goods and services that they acquire. These guarantees cannot be excluded, restricted or modified except in certain circumstances. Section 139A of the Competition and Consumer Act 2010 (Cth) (the CCA) permits a term of a contract 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 by sections 60 to 62 of the Australian Consumer Law. To the extent permitted by section 139A of the CCA, the Rider acknowledges and agrees that GTR excludes all liability in connection with the supply of recreational services for: a) death; 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, 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. Pursuant to section 139A of the CCA, this exclusion of liability does not apply where a significant personal injury is caused by the reckless conduct of GTR. 38. To the maximum extent permitted by law, the operation of the Wrongs Act 1958 (Vic) is excluded in relation to all and any rights, obligations and liabilities of the Rider or GTR under this Agreement whether such rights, obligations or liabilities are sought to be enforced as a breach of contract, claim in tort (including negligence), in equity, under statute or otherwise at law. 39. Without limiting the generality of paragraph 37 the rights, obligations and liabilities of the Rider and GTR (including those relating to proportionate liability) are as specified in this Agreement and not otherwise whether such rights, obligations and liabilities are sought to be enforced by a claim in contract, in tort (including negligence), in equity, under statute or otherwise at law.
Indemnity 40. The Rider releases and indemnifies GTR and each of their officials, servants, representatives, agents and sponsors (and any of their respective representatives) (each an Indemnified Person) from and against any claim, loss, damage, liability, cost and expense that may be incurred or sustained by GTR and each other Indemnified Person arising out of any act, matter or thing done, permitted or omitted to be done by the Rider in relation to the Event. 41. The release and indemnity in paragraph 39 is given by the Rider in favour of GTR and each other Indemnified Person. It is acknowledged that: a) the relevant commitment is given by the Rider for the benefit of GTR with the intention that they are entitled to rely on and enforce the relevant commitment; b) the benefit of the relevant commitment is held by GTR on its own behalf and as trustee for each other Indemnified Person.
General 45. The Agreement is governed by the laws of the state in which the OBEWR is held. In relation to it and related non-contractual matters, each party irrevocably submits to the non-exclusive jurisdiction of the courts with jurisdiction there. 46. The Agreement (and the documents to which it refers, including the Event Website constitutes the entire agreement between the parties in respect of the event and supersedes all other agreements, understandings, representations and negotiations between the parties. 47. If any provision of the Agreement is illegal, void, invalid or unenforceable for any reason, all other provisions which are self-sustaining and capable of separate enforcement will, to the maximum extent permitted by law, be and continue to be valid and enforceable. 48. To the maximum extent permitted by law, unless expressly provided in these terms and conditions, all implied terms, conditions, warranties and any other additional obligations are excluded from the Agreement. If any legislation implies into these terms and conditions any term, condition, warranty or additional obligation that cannot be lawfully excluded, then that term, condition, warranty or additional obligation will be included in the Agreement only to the extent required by the relevant legislation, but each party’s liability in respect of any breach of that term, condition, warranty or additional obligation will be limited to the maximum extent (if any) permitted by that legislation. Acknowledgement 49. By accepting these terms and conditions, the Rider acknowledges and agrees as follows: a) The Rider has carefully read, understood and agrees to be bound by these terms and conditions of registration. b) All information provided by the Rider to GTR is true and correct. c) The Rider agrees to obey the applicable road laws and regulations during the Event. d) If the Rider is found to be littering on the course, the Rider will be subject to the local litter laws. e) The Rider may be photographed or filmed during the event and consents to GTR (or its representatives) using the Rider's picture or likeness contained in any photographs or film for publicising the Event, for promoting any future ride or event to be staged by GTR. f) The Rider consents to GTR collecting and adding the Rider's personal information to the relevant mailing lists managed by GTR, and acknowledges that GTR may use the Rider's personal information to communicate important Event information to the Rider. g) The Rider consents to receiving emails from GTR or official sponsors or partners of the Event, including emails that promote GTR, the official sponsors or partners or other events. The Rider may opt-out of receiving such emails at any time by following the instructions given in an email. h) The Rider will not participate in the Event unless the Rider has trained and prepared appropriately for the Event and is medically and physically fit and able to participate in the Event. i) The Rider will ride in a safe and responsible manner at all times. j) The Rider agrees to abide by all traffic laws and regulations and any directions given by the police, Event Organiser, marshals or any official event personnel. k) The Rider acknowledges that their application to enter the Event will be accepted upon notification by GTR. l) The Rider will be bound by, and agrees to comply with, such rules, terms and conditions as may be imposed by GTR with respect to the conduct and management of the Event. This includes but is not limited to competition and all relevant rules, regulations, policies and codes of conduct, each as amended from time to time. The Rider understands that if the Rider fails to comply with any rules or directions, the Rider will not be permitted to participate or to continue to participate in the Event and no refund will be given. m) The Rider acknowledges that participation in the Event, including undertaking cycling activities on public roads used by other traffic or otherwise, involves risks and hazards and is therefore inherently dangerous. The risks specifically associated with participation in the Event include but are not limited to physical exertion, risk of falling, risk of colliding with other riders or road users, encountering hidden obstacles or varying terrain, risk of injury from any failure of the bicycle or any of its components or inclement weather conditions. The Rider acknowledges that incidents may occur resulting in personal injury, property damage, and/or death.