Terms & Conditions

THIS IS AN IMPORTANT DOCUMENT. YOU MUST READ IT CAREFULLY BEFORE YOU ACCEPT THE TERMS AND CONDITIONS THAT IT CONTAINS. UPON COMPLETING THIS REGISTRATION PORTAL, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

1 – The Go For Broke – Ride to Beat Depression (GFB), training rides and other associated events are organised, administered and managed by Go For Broke Initiative. For the purposes of this document, Go For Broke Initiative is referred to as the Event Organiser.

2 – Go For Broke comprises a mass participation cycling event (GFB), other associated group & training rides, committee meetings, information and briefing events (Associated Events). The terms and conditions outlined in this document apply to participants in the event and associated events (the Riders & Volunteers).

Registration

3 – Riders must be over the age of 18 on the date of their registration in order to register.

4 – A Rider under the age of 18 on their date of registration will not be able to participate in the ride unless they have written parent consent and written approval of the Event President.

5 – The Event Organiser reserves the right, in its absolute discretion, to accept or decline an application for Registration.

6 – Registration places for the first GFB 2020 event Berowra to Broke is limited to 130 and close on 5th September 2020 at 11:00pm Eastern Standard Time (EST) unless sold out prior. A second GFB event VIC100 is limited to 130 and close on 7th November 2020 at 11:00pm Eastern Standard Time (EST) unless sold out prior.

7 – Registrations will not be accepted after the closing date and will not be accepted on the day of the event.

8 – The Rider must provide their contact details and the contact details (including a valid Australian telephone number) for an emergency contact (i.e., next of kin) so that the Event Organiser can contact that person if the Rider is involved in an emergency situation.

9 – At the time of registration, the Rider must be confident they will be able to complete the full distance of the 183km (Berowra to Broke) or 100km (Penrith to Mt Victoria) course at a minimum average speed of 19km and hour.

10 – Each Rider must register individually and for themselves.

11 – Only human powered bicycles are permitted to enter the Ride. Motorcycles, scooters and motorised and power-assisted bicycles/vehicles are not permitted except for support vehicles.

12 – Full payment is required to confirm Rider registration.

13 – All prices are quoted in AUD per person and are inclusive of Goods and Services Tax (GST).

14 – All information provided by the Event Organiser may be subject to change at any time in the absolute discretion of the Event Organiser.

Communications

15 – All GFB communication prior to the event will be made via email or the Go for Broke Facebook or Strava Page. The Rider must provide a valid email address & phone/mobile number at the time of registration. The Rider must notify the Event Organiser of any change to their contact details by sending an email to events@goforbroke.org.au

Go For Broke – Health and Safety

21 – The Rider must participate in the event in a safe and responsible manner, using common sense at all times, and obeying New South Wales road rules.

22 – The Rider must exercise caution on all public roads and other thoroughfares and ride defensively and courteously towards other road users.

23 – Riders must use an approved Australian Standards bicycle helmet, and is in good working condition.

24 – Riders are responsible for ensuring they are capable of riding the full distance of any GFB 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.

25 – The Event Organiser will be providing food and water at locations marked on the course map, however Riders are responsible for any personal or specific nutritional requirements that may not be supplied by The Event Organiser.

26 – Riders must disclose to the Event Organiser what they believe will be their average riding speed for an event and various training rides conducted throughout the year and any pre-existing medical or other conditions that may impact on their ability to participate in the event or that the Event Organiser should be aware of. The Rider consents to any such information being collected by the Event Organiser and being disclosed to the medical team and used for the purposes of the GFB. Rider details will be shared with Cycling Australia.

27 – The Event Organiser reserves the right to ask a Rider to move into a different group or cease participation in the event or training rides if the Rider is unable to make sufficient progress in the event to allow the Rider to complete the event in line with timelines set by the Event Organiser, marshals and ride captains or for a Rider’s safety.

29 – The GFB is staged on open roads and Riders must adhere to normal road rules at all times. Failure to do so is at the risk of the Rider and may result in the Rider being removed from the event.

30 – Personal Rider support vehicles are not permitted on the ride. The Event Organiser will provide support vehicles including medical and mechanical support.

31 – If during GFB event or training rides a Rider becomes ill or is injured, the Event Organiser will endeavour to arrange medical transport (usually in a support vehicle or ambulance if required). Any medical transport will be at the Rider’s own expense.

32 – The Event Organiser 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.

33 – The Event Organiser reserves the right to alter, cancel the event, change or amend the course 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.

34 – If the GFB is cancelled, the cancellation will be undertaken at the sole discretion of the event organizer for GFB and in accordance with any advice or directions from Emergency Services personnel or NSW Police.

Cancellation, Transfer and Refunds

35 – Any cancellations received 7 weeks prior (before jerseys have been ordered) to the event you can receive a full refund minus a 5% administration charge. Other options include,

(a) Transfer your ticket to another rider. Transfer cost $25. Individual riders must organise their own event costs funds transfer with the new allocated rider.

(b) Use your ticket as a credit for the next years’ event, minus any jersey costs & postage.

(c) If you wish to withdraw within 4 weeks of the event due to exceptional circumstances any refunds or transfers will be reviewed at the discretion of the GFB Committee & The Event Organiser.

36 – If GFB 20 is cancelled by the Event Organiser on or prior to 1st August 2020 at 5:00pm EST all participants will be entitled to a full refund, less administration charge & any cycle kit fees. This includes government guidelines for social distancing and event closures due to Public Health Guidelines due to COVID-19.

37 – Other than in accordance with paragraph 36, and subject to paragraph 38, the Rider will not be entitled to any refund whatsoever, unless otherwise determined by the Event Organiser in its absolute discretion. In particular, the Rider will not be entitled to a refund if the GFB is cancelled due to extreme weather conditions or the event is cancelled due to circumstances beyond the event organisers control.

38 – Notwithstanding paragraph 37, in the case of Force Majeure, the Event Organiser may, at its absolute discretion, offer a partial or full refund to the Rider. For the purposes of this paragraph 38, Force Majeure means a circumstance, event or cause beyond the reasonable power and control of the Event Organiser, 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, or acts or omissions of any government or governmental authority.

39 – The Rider acknowledges that their registration is not transferable to other people under any circumstances without the explicit approval in writing by the Event Organiser. 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.

A registered rider can contact the Event Organisers up to two weeks prior to the event to organise a transfer to a new rider they have organised. An administration fee of $50 will be charged. In such cases the Registered Rider much contact the Event Organisers via email with full details of replacement rider. The Event organiser will not be responsible for any funds transfers between riders. The Event Organiser takes no responsibility for replacing or changing the size of the event Jerseys between riders.

40 – COVID-19. If GFB is canceled due to COVID-19 NSW Government and/or Public Health Order restrictions, where possible The Event Organiser we will offer to refund your ticket cost or transfer your registration fees to 2021, minus any jersey, apparel, postage & processing fees. Any changes to GFB due to the impacts of COVID-19 will be communicated to riders via Facebook and/or email.

41 – Due to COVID-19 NSW Government and/or Public Health Order restrictions if conducting the event to finish in Broke, Hunter Valley NSW is not possible, The Event Organiser reserves the right to run have an alternative route that starts and finishes the event in Berowra of similar distance.

Acknowledgement of Liability and Risk

42 – The Rider acknowledges and agrees that participation in the event and other associated cycle activities including training & group social rides is inherently dangerous and that the Rider participates at their own risk. The risks associated with participating include, but are not limited to, the risk that:

(a) the Rider may be involved in a collision with people, animals, vehicles and/or other objects;

(b) the Rider may lose his/her balance;

(c) the Rider may suffer from the effects of heat, cold, wind, rain and other weather conditions;

(d) the Rider may suffer from physical exertion;

(e) the Rider may become separated from the cycling group;

(f) the Rider may fall from their bicycle;

(g) damage to your bike on course or during transportation during or after the ride on event transport back to the start line;

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 23.

43 – The Event Organiser strongly recommends that all Riders take out private health insurance and/or person accident insurance, ambulance cover and travel insurance (if applicable) to cover their participation in GFB and associated events. The Event Organiser is not liable for these costs.

44 – The Event Organiser takes no responsibility for any consequences arising from GFB and associated events whether by way of personal injury or property damage. It should not be assumed that the Event Organiser’s public liability or personal Injury insurance (if any) will respond in the event of injury, damage or loss. All participants in the GFB event and associated events participate at their own risk and acknowledge that cycling is an inherently dangerous activity in which accidents can and do occur, and that may result in serious injury or even death. All participants should satisfy themselves that they have adequate insurance and all participants are recommended to take out Cycling Australia recreational membership for the personal injury and public liability cover it provides. It is also highly recommended that all participants are fully paid financial members of Ambulance New South Wales for the ambulance cover that it provides.

45 – Nothing in these terms and conditions 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.

46 – 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 (CT) (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 CCA. To the extent permitted by section 139A of the CCA, the Rider acknowledges and agrees that the Event Organiser 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, resulting from a failure of the Event Organiser to comply with a guarantee in sections 60 to 62 of the Australian Consumer Law.

This exclusion of liability does not apply where a significant personal injury is caused by the reckless conduct of the Event Organiser in accordance with section 139A of the CCA.

47 – To the maximum extent permitted by law, the operation of the Civil Liability Act 2002 (NSW) is excluded in relation to all and any rights, obligations and liabilities 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.

48 – Without limiting the generality of paragraph 45 the rights, obligations and liabilities of the parties (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

49 – The Rider provides a release and indemnity to the Event Organiser, and each of their officials, servants, representatives, agents and sponsors (and any of their respective representatives) against any claim, loss, damage, liability, cost and expense that may be incurred or sustained by the Event Organiser, and each of their officials, servants, representatives, agents and sponsors (and any of their respective representatives) arising out of any act, matter or thing done, permitted or omitted to be done by the Rider in relation to the GFB.

50 – The release and indemnity in paragraph 47 (each a relevant commitment) is given by the Rider in favour of the Event Organiser. It is acknowledged that:

(a) the relevant commitment is given by the Rider for the benefit of the Event Organiser and each of them 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 the Event Organiser on its own behalf.

Privacy

51 – The Event Organiser collects, uses, discloses and otherwise handles the Rider’s personal information in accordance with the terms of its Privacy Policy (available at: https://goforbroke.org.au/terms-conditions) All information remains the property of the Event Organiser.

52 – The Event Organiser may use and disclose the Rider’s personal information, photograph and video for the following purposes:

(a) in order to conduct the GFB event in a safe and effective manner; and

(b) in order to publish the Rider’s name on the Go For Broke website or Face Book, Donation or Strava page, or to cause for the Rider’s name to be published in any publication that lists the Rider as a participant in the event.

(c) in order to organise Private Promoters Insurance and Day Licences through Cycling Australia.

(d) as part of recording still and video images of the event and sharing that content amongst event participants and for general promotion.

If the Rider does not provide their personal information to the Event Organiser then it may not be possible for the Rider to participate in the GFB.

53 – Without limiting paragraph 50, the Event Organiser may disclose the Rider’s personal information to:

(a) Any law enforcement agency or authority, if so requested;

(b) the official event photographer;

(c) the mailing team (to arrange for the delivery of the Rider Packs);

(d) any designated event timing company; and

(e) Cycling Australia and Cycling NSW

(f) event organisers, Mildren Events

(g) the medical team.

General

54 – The agreement constituted by the Rider’s acceptance of these terms and conditions and acceptance by the Event Organiser of the Rider’s application for registration is governed by the laws of the state of New South Wales. In relation to it and related non-contractual matters, each party irrevocably submits to the non- exclusive jurisdiction of the courts with jurisdiction there.

55 – The agreement (and the documents to which it refers, including the GFB 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.

56 – 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.

57 – 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 this terms and conditions 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

58 – 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 the Event Organiser is true and correct.

(c) The Rider agrees to obey the road rules of New South Wales during any GFB events.

(d) If the Rider is found to be littering on the course, the Rider will be subject to the standard litter laws of New South Wales.

(e) The Rider may be photographed or filmed during the event and consents to the Event Organiser (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 the Event Organiser, or for promoting Go For Broke – Ride to Beat Depression.

(f) The Rider consents to the Event Organiser collecting and adding the Rider’s personal information to the relevant mailing lists managed by the Event Organiser, and acknowledges that the Event Organiser may use the Rider’s personal information to communicate important event information to the Rider.

(g) The Rider consents to receiving emails from the Event Organiser, including emails that promote the Event Organiser, other events. The Rider may opt-out of receiving such emails at any time by following the instructions on an email.

(h) The Rider will not participate in the GFB unless the Rider has trained and prepared appropriately for 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 any directions given by the police, Event Organiser, Marshals, Ride Captains or any official event personnel.

(k) The Rider acknowledges that their application to enter the event will be accepted upon notification by the Event Organiser.

(l) The Rider will be bound by, and agrees to comply with, such rules, terms and conditions as may be imposed by the Event Organiser with respect to the conduct and management of the event and associated events. 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 GFB and no refund will be given.

(m) The Rider acknowledges that participation in GFB, Training Rides and other associated events, including undertaking cycling activities on open public roads used by other traffic or otherwise, involves risks and hazards and is therefore inherently dangerous. The risks specifically associated with participation in GFB 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.

Acceptance of these terms and conditions is indicated by your completion of this registration through the Go For Broke website, www.goforbroke.org.au and/or acknowledged when your name is marked off when attending training rides.