Terms & Conditions of Amy's Big Canberra Bike Ride 2015

2015 AMY’S BIG CANBERRA BIKE RIDE TERMS AND CONDITIONS

Please read these carefully before completing your online registration.  The following terms and conditions apply to all participants (as a rider or otherwise) in the Amy’s Big Canberra Bike Ride 2015 (Event), and in the case of a participant under the age of 18, the parent or legal guardian of the participant.

In consideration of my participation in the Event, by selecting the "I agree to the above terms and conditions" box below I warrant and represent to the Amy Gillett Foundation and Pedal Power ACT that I have carefully read, understand and agree to be bound by following terms and conditions:

Definitions

1.    In these terms and conditions:

(a) "AGF" means and includes the Amy Gillett Foundation Pty Ltd, “Pedal Power” means and includes Pedal Power ACT Inc, their subsidiaries, related bodies corporate and their respective directors, officers, members, servants or agents.

(b) “Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with the Event, but does not include a claim against AGF or Pedal Power by any person expressly entitled to make a claim under an AGF or Pedal Power insurance policy.

2.    The terms and conditions related directly to the Event are detailed on the website at www.bcbr.org.au for the Event including, but not limited to, ride information, registration requirements, merchandise, registrations, payments, cancellation and refunds, age requirements, fundraising, prizes, volunteer terms and conditions.

Rules of Participation

3.    The Rider may enter via an online process. A paper entry form will be available on Saturday 28 February 2015 from Cycle City and Sunday 1 March 2015 from the Registration marquee.

4.    I certify that I am or shall be 18 years of age or over as on the day of the Event otherwise my parent/guardian has agreed to these Terms and Conditions. My parent/guardian agrees to release and indemnify the AGF in the same manner and to the same effect and extent as if they were the person first named on the registration form and participating in the Event.

5.    I understand that the Event is not a race and that not all roads will be closed to traffic.

6.    I understand that I must comply with all traffic and road laws, all directions issued by Police and all instructions given by the AGF and Pedal Power or any employees or officials representing the AGF and Pedal Power at the Event. Failure to do so may result in the Rider being removed from the Event.

7.    If I am a cyclist participating in the Event, I understand that it is necessary for my bicycle to be in sound mechanical order and suitable for public road riding prior to commencing the Event.

8.    I understand that it is compulsory for me to wear all of the participant identification items at all times during the Event.

9.    I agree that at all times during the event that I am responsible for my equipment and personal belongings.

10. If the Rider is under the age of 16 on the day of the Event, the Rider must be accompanied on the ride by, and in the care of, a nominated adult who is responsible for that Rider throughout the duration of the Event.

11. Bike seats, trailers, chariots, tag-a-longs or any similar child transportation devices are not permitted on the 68km or 120km ride options.

12. I understand that the AGF and Pedal Power may change the event format, course or other event conditions at its discretion.

13. I agree that if the Event is altered or cancelled for reasons including storms, rain, inclement weather, winds or other Acts of God, or any other factors beyond the control of the AGF and Pedal Power, my registration is non-refundable. I understand that unless otherwise stated in these Terms and Conditions as required by law, the AGF and Pedal Power is under no obligation to refund monies or entry fees due to cancellation, failure to participate or dissatisfaction by the participant.

14. A Rider cannot make any changes to their registration once entered. Any change requests must be made in writing to Pedal Power by emailing office@pedalpower.org.au.

15. Entries are non-transferable to other events or other people. Any attempt to transfer an entry to another person will result in the cancellation of the entry concerned without refund.

16. I understand that if I withdraw from the Event on or before 5pm (AEST) 13 February 2015 I must notify the Event owner in writing, providing my name, address and reason for cancelling and that 50% of my registration fee will be refunded.  If I withdraw after 5pm (AEST) 13 February 2015, I acknowledge that no portion of my entry fee will be refunded.

17.  No changes can be made to registrations after midnight (AEST) Thursday 26 February 2015.

Fitness to Participate and Disclosure

18. I warrant that I: (a) am and must continue to be medically and physically fit and able to undertake and participate in the Event, (b) am not a danger to myself or to the health and safety of others, (c) am not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for me to take part in the Event.

19. I acknowledge that I must, and I agree that I will, disclose any pre-existing medical or other condition that may affect the risk that either I or any other person will suffer injury, loss or damage.

20. I acknowledge that AGF and Pedal Power rely on information provided by me and that all such information is accurate and complete.

21. I agree to report any accidents, injuries, loss or damage I suffer during the Event to AGF and Pedal Power before I leave the Event.  If I suffer any injury or illness, I agree that AGF and Pedal Power may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.

Exclusion of Participant

22. If I am a cyclist participating in the Event, I warrant that I have not at any time been excluded from cycling by a medical practitioner or any person or entity.  I acknowledge and agree that AGF and Pedal Power may demand a medical certificate or opinion as to my fitness from a qualified medical practitioner PRIOR to me undertaking the Event.  Failure to provide a satisfactory medical certificate may result in a decision (prior to or during the Event) to exclude me from the Event.  I agree to abide by any decision AGF and Pedal Power may make in relation to my continued participation in the Event.

23. The AGF and Pedal Power reserves the right to refuse a participant’s registration and without giving reasons for its decision.

Warning

24. Participation in the Event, including undertaking cycling activities or otherwise, can be inherently dangerous.  I acknowledge that I am exposed to certain risks during the Event including but not limited to physical exertion, risk of falling, colliding with other riders or road users, encountering hidden obstacles or varying terrain, the risk of injury from any failure of the bicycle or any of its components or inclement weather conditions.  I acknowledge that incidents can happen which may result in me being injured or even killed, or my property being damaged.  I have voluntarily read and understood this warning and accept and assume the inherent risks in participating in the Event.

Rider Insurance

26.      The Rider receives limited Insurance as part of their Event entry which covers the Rider during their participation in the Event. For full details go to: http://pedalpower.org.au/about/insurance/

Rider categories

27.      An Adult participant is defined as a person who is 16 years or older on the day of the Event.

28.      Riders must be aged 13 years or older on the day of the Event to participate in the 68km and 120km rider categories.

29.      Riders must be aged 6 years or older on the day of the Event to participate in the 20km and 35km ride categories.

30.  Children under the age of 6 years on the day of the Event are permitted to travel the 20km and 35km courses with a guardian in a bike seat, trailer, chariot, tag-a-longs or any similar child transportation devices. Children under the age of 6 and the devices mentioned above are not permitted on the 68km or 120km ride options.

Ride Communications

31. Ride communications will principally be made via email or SMS. The Rider should therefore provide a valid email address and/or mobile phone number. If the Rider does not have access to an email address, the Rider should make every effort to contact the AGF or Pedal Power ACT and request information to be mailed.

32. It is the Rider's responsibility to read information that is provided by email, made available on the Event website and other communications methods concerning the Event.

Closing Dates for entries

33. Online entries for the Ride close midnight (AEDST) Wednesday 25 February 2015.

34. Late entries can only be made at Cycle City (Fyshwick), between 12:00 -16:00 on Saturday 28 February 2015 or between 06:45 – 07:30 on Sunday 1 March 2015 at the Event Village.

35. An additional $10 fee will be applied to entries received on Saturday 28 February and Sunday 1 March 2015.

Release and indemnity

36. In consideration of AGF and Pedal Power accepting my participation in the Event I, to the extent permitted by law:

a.    release and will release AGF and Pedal Power from all Claims that I may have or may have had but for this release arising from or in connection with my participation in the Event; and

b.    release and indemnify AGF and Pedal Power against any Claim which may be made by me or on my behalf for or in respect of or arising out of my death whether caused by negligence or breach of contract by AGF or Pedal Power or in any other manner whatsoever; and

c.     indemnify and will keep indemnified AGF and Pedal Power to the extent permitted by law in respect of any Claim by any person:

                             i.         arising as a result of or in connection with my participation in the Event; and

                             ii.         against AGF and Pedal Power in respect of any injury, loss or damage arising out of or in connection with my failure to comply with AGF's and Pedal Power’s rules and/or directions, save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of AGF or Pedal Power.

37. The Rider, including a child Rider in an adult rider’s care has sufficient experience and competence to participate safely in the Event. The Rider hereby releases and forever discharges, exempts and indemnifies the organiser, sponsors and all other person involved in the organisation, from all action, proceedings, demands and claims whatsoever taken by any participation in the Event.

38. If the Rider is acting as the guardian for a child rider, that Rider consents to the child participating in the Event and agrees to take full and sole responsibility for the child's safety and participation in the Event.

Common Sense

39. The Rider must ride in a safe and responsible manner during the Ride and use common sense at all times.

40. The Rider must exercise caution on all public roads and other thoroughfares and ride defensively and courteously.

Private support vehicles

41. Private support vehicles are not permitted during the Event.

Privacy

42. The Rider acknowledges and agrees that he/she may be photographed or filmed during the Event and consents to the AGF and Pedal Power using the Rider's picture and likeness contained in any photographs or film for publicising the Ride and for promoting any future ride or event to be staged by the AGF and Pedal Power.

43. The AGF and Pedal Power collects, uses, discloses and otherwise handles my personal information in accordance with the terms of its Privacy Policy Statement (search ‘Privacy’ on www.amygillett.org.au and www.pedalpower.org.au).

44. The Rider’s contact details will be used by the AGF, Pedal Power and/or third parties partnering the Event. Any correspondence sent from these entities would be restricted to future events, news, and promotions. These communications will include the ability to opt-out from future communications.

45. Should the Rider not wish to be contacted for any other reason other than to be provided with information about the Amy’s Big Canberra Bike Ride event, please advise Pedal Power by emailing office@pedalpower.org.au

Other

46. The Ride will be held outdoors and will proceed notwithstanding poor weather conditions on the day of the Event. The AGF and Pedal Power are not liable to the Rider for any loss, damage, cost or expense of any kind including, but not limited to, refund of entry fees, in the event of poor weather before or during the Event.

47. The AGF and Pedal Power reserve the right, in its absolute discretion, to refuse to allow the Rider to participate in the Event or to remove the Rider from the Event for breach of these terms and conditions or if it otherwise determines it appropriate to do so.

48. The AGF and Pedal Power are not liable to the Rider for any loss, damage, cost or expense of any kind, including but not limited to, the refund of the entry fee, if the Rider is denied access to or removed from the Event for any reason.

49. The Amy Gillett Foundation (ABN 46 200 981 503) and Pedal Power ACT (ABN 36 067 389 259) includes where appropriate the AGF and Pedal Power ACT employees, agents, contractors, volunteers and officers.

I ACKNOWLEDGE that my participation in the Event is of my own free will and that I have read, fully understand and agree with the terms and conditions (including but not limited to the warning, exclusion of liability and indemnity). 

 

Site Terms and Conditions

These Terms must be read together with any Terms and Conditions specific to a particular event (Event Terms) which are located on the fundraising page for that event. If there is any conflict between these Terms and any Event Terms, then these Terms will prevail to the extent of the inconsistency.

Introduction and acceptance of terms

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Regular Giving payments

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Ticket Sales and Raffles

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User registration

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Passwords

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Indemnity for misuse of Your login information

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Personal fundraising pages

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User IP

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Authorisation to Fundraise

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Fundraising face-to-face

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Code of Conduct & Fundraising Guidelines

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Termination of Use

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Intellectual Property Rights

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No warranties

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Limitation of liability and indemnity by User

  1. GoFundraise will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any damages for lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from:

    1. the use of the Platform by a User;
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    3. 38(c) the representations, opinions or activities of Beneficiaries made on or through the Platform.

  2. The User indemnifies and holds GoFundraise, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:

    1. the use or misuse of the Platform by the User;
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    4. any liability arising out of the use of a User’s account.

Notices

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    1. in writing;
    2. addressed to GoFundraise at the address set out at the beginning of these Terms; and
    3. left at or sent by prepaid post, facsimile or email to that address.

  2. A notice given in accordance with clause 41 above, will be deemed received:

    1. on the date of delivery, if left at the recipient’s address;
    2. Five days after the date of posting if sent by prepaid post; and
    3. if sent by facsimile, when the sender’s facsimile system generates a message confirming successful transmission of the total number of pages of the notice unless, within eight business hours after that transmission, the recipient informs the sender that it has not received the entire notice; and
    4. if sent by email, on the day the email is sent (as long as the sender has not received a delivery failure message in relation to that email).

Jurisdiction

  1. The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.

Survival

  1. Clauses 24, 25, 28, 29, 39, 40, 41, 42, survive termination or expiry of these Terms as between GoFundraise and the User.

General

  1. These Terms and Conditions and the GoFundraise Privacy Policy constitute the entire understanding and agreement between the User and GoFundraise and supersede any and all prior oral or written communication on the subject matter contained in them.
  2. If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder will not be affected.
  3. All prices are in Australian Dollars unless stipulated otherwise.
  4. Terms & Conditions updated January 2024

 

 

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