BEYOND Cycling Challenge Rider Terms & Conditions
To be read in conjunction with the Rider Registration Form
1. Definitions
These definitions apply to terms used in this document:
“Donor” means a Rider or a supporter of a Rider/s who makes a donation towards The Event.
“Event Manager” means the party engaged by TRACTION to plan, manage and deliver The Event. The Event Manager will be Gill Velo Op Co Pty Ltd T/A BIKESTYLE TOURS (ABN 71 627 386 038), c/- PO Box 3813, Robina Town Centre, QLD 4230 or a suitably experienced and qualified alternative service provider.
“Rider” means a participating cyclist and fundraiser.
“Registration Form” means the form submitted by you, confirming your commitment to participate in The Event, your consent to participate, and your agreement to the Rider Terms and Conditions.
“The Event” means the BEYOND Cycling Challenge, a high-tempo and physically demanding charity bicycle ride raising funds for TRACTION.
“TRACTION” means TRACTION For Young People Ltd (ABN 80 635 120 240), the owner and organiser of The Event and the sole charitable beneficiary, with a registered office at: Unit 12, Yeerongpilly Corporate Park, C/- Suite 4D, 44 Station Road Yeerongpilly, QLD 4105.
“You” means the Rider named in the Registration Form.
2. Acknowledgement and risks
2.1 You acknowledge and accept that:
a) Riders participate in The Event at their own risk.
b) Participation in The Event involves physically strenuous activity, and is likely to be physically and mentally demanding, and there are inherent risks in participation (including risk of personal injury or illness).
c)The Event will involve physical demands that may be outside some people’s ordinary cycling experience. Any lack of physical condition, health or stamina will add to your risk in participating in The Event.
d) The Event may be hazardous, even under the safest conditions possible. You should expect to encounter dangers and risks including riding in a group on busy roads and country roads where oversized vehicles including trucks and semi-trailers will be encountered.
e) Control over elements of The Event will be in the hands of parties other than TRACTION and that could result in inconvenience to you, changes in scheduling or your expectations not being met. Patience and flexibility will be required of you.
f) Those involved in planning, managing, and delivering The Event will undertake their best endeavours to ensure the safety of all involved, however by its very nature, The Event is one that is challenging and demanding, and that involves risk.
g) The Event Manager and the Event Manager’s employees and independent contractors are not medically trained and are not qualified to assess whether you are capable of participating in The Event without detriment to your health, physical condition or safety.
2.2 You promise and represent that:
a) You are aware of the nature of the activities undertaken in The Event and the medical, health and physical risks associated with such activities (including risk of injury or illness); and
b) You are physically fit and otherwise capable of participating in The Event without detriment to your health, physical condition or safety; and
c) any medical condition/s, special needs, disabilities, or illness or injury you experience are detailed in your Rider Registration Form (or if the injury or medical condition occurs or becomes apparent after registration, details will be promptly notified to the Event Manager).
2.3 You acknowledge and accept that TRACTION and the Event Manager will rely on the promises and representations in paragraph 2.2, in entering into this contract with you.
2.4 You will not sue TRACTION and/or the Event Manager for any loss, damage or liability (whether in contract, tort, breach of statutory duty or otherwise and whether for personal injury, permanent disability, death, property damage, loss or destruction of property or otherwise) suffered by the Rider as a result of any of the following risks or anything occurring which is a manifestation of any of the following risks:
a) inherent risks associated with The Event (that is, risks of something occurring that cannot be avoided by the exercise of reasonable care and skill);
b) obvious risks associated with The Event (risks that, in the circumstances, would have been obvious to a reasonable person in the Rider’s position, even if they have a low probability of occurring); or
c) to the extent legally possible, risks that are neither inherent risks nor obvious risks.
2.5 You consent to the Event Manager administering or arranging for any medical aid or preventative treatment which the Event Manager considers advisable in the Event Manager’s discretion in the event of any injury, accident or illness suffered in the course of undertaking The Event. Neither TRACTION nor the Event Manager will have any liability in relation to any such treatment or the quality of any such treatment or for not administering or arranging any such treatment. You will pay for any such treatment and any evacuation or transport arranged by the Event Manager in connection with any such treatment.
2.6 You release TRACTION the Event Manager and will indemnify them against any loss, damage or liability covered by condition 2.4 or 2.5.
3. Fundraising Commitment
3.1 You commit to apply your best endeavours to raise a minimum of $8,500 through personal fundraising, which includes any personal donations from you.
3.2 Riders are encouraged to also secure corporate sponsorship through business and other networks. To help Riders with securing corporate sponsorships, TRACTION will provide Sponsor Packs if requested, which include details about TRACTION’s programs and how sponsors will be acknowledged for their support.
3.3 Payment of donations will be through a dedicated and secure website or donation pages associated with The Event and administered by TRACTION. The website will also have functionality for receiving payments from sponsors supporting Riders and/or teams of Riders.
4. Insurance
4.1 You acknowledge that it is your responsibility to ensure you have appropriate health and medical insurance to cover costs for medical treatment or attention, or travel required to receive medical attention.
4.2 You will secure insurance to cover your own personal belongings and equipment, including bicycle/s, for theft, damage or other loss.
4.3 You will arrange your own travel insurance to cover expenses due to unforeseen circumstances that impact your ability to complete or participate in The Event.
5. Requirements of Riders
5.1 You may attend and participate in The Event only if you:
a) are at least 18 years old and have full legal capacity (unless the Event Manager agrees otherwise);
b) complete and submit your Registration Form to the Event Manager,
c) provide a medical clearance, in a form required by or acceptable to the Event Manager, from a medical practitioner;
d) hold and provide details when signing the Registration Form, for your current membership with Bicycle Queensland or AusCycling, which includes personal accident and public liability insurance;
e) attend and participate in all briefings, training and presentations required by the Event Manager before the departure for or commencement of The Event or any component of the ride plan and schedule of activities; and
f) your registration is accepted by the Event Manager.
5.2 In registering, you have voluntarily decided to participate in The Event.
5.3 You acknowledge that your registration may not be accepted if you disclose any adverse medical or other conditions in the Registration Form or you are unable to provide a satisfactory medical certificate. You also acknowledge that the Event Manager has no obligation to accept your registration, and may refuse your registration for any reason.
5.4 You voluntarily assume all:
a) inherent risks associated with The Event (that is, risks of something occurring that cannot be avoided by the exercise of reasonable care and skill); and
b) obvious risks associated with The Event (risks that, in the circumstances, would have been obvious to a reasonable person in the Rider’s position, even if they have a low probability of occurring); and
c) to the extent legally possible, risks that are neither inherent risks nor obvious risks.
5.5 If you have not satisfied all requirements by the scheduled notified deadlines, you will be taken to have not qualified to register for The Event on the day of the relevant deadline.
5.6 You represent and warrant to TRACTION and the Event Manager that, except as disclosed in the completed Registration Form given to the Event Manager, you are physically fit and capable of undertaking The Event.
5.7 The Event Manager can decide for any reason that you are not able to participate in The Event, and you acknowledge that if you are no longer physically fit and capable of undertaking The Event the Event Manager may decide that you are not able to participate. Your Minimum Donation cannot be refunded, however, you may nominate an alternative rider under clause 5.8.
5.8 If you have registered but are not able to participate in The Event (for any reason), you may nominate an alternative rider to participate in your place. The alternative Rider must register as a participant, including completing their own Rider Registration Form and agreeing to be bound by these Terms and Conditions.
5.9 Where an alternative Rider is nominated, donations raised by the Rider they replace may count as donations raised by the alternative Rider, for the purposes of the alternative Rider’s fundraising commitment in clause 3
6. Special requests
6.1 You may notify the Event Manager in writing of any special requests (including dietary requests, accommodation, travel, or other individual needs outside The Event’s standard provisions for these items) when you register or at any time up to 4 weeks before The Event commences.
6.2 Special requests will be assessed and costed by the Event Manager, and the Event Manager will notify you whether a special request has been agreed to and any cost payable by you for that special request. The Event Manager is not obliged to meet any special requests but if a special request is accepted, you must pay the Event Manager, before The Event commences, the cost of the special request (if any) notified to you by the Event Manager.
7. Conduct of The Event
7.1 You must comply with these Terms and Conditions and all lawful instructions given by the Event Manager during, or regarding the conduct of, The Event.
7.2 You acknowledge that The Event is a single group ride with one daily start and finish time for all that will be subject to Terms and Conditions imposed not only by the Event Manager in relation to the safety of all participants but also as dictated by the relevant Police Department requirements and conditions imposed on permits given by them or any other Government Department for the conducting of The Event.
7.3 The Event Manager reserves the right to:
a) change The Event activities; and
b) cancel any component of The Event.
8. Cancellation or postponement of The Event
8.1 You acknowledge that The Event may need to be cancelled or postponed, for any reason which in the opinion of TRACTION or the Event Manager justifies cancellation or postponement.
8.2 If The Event is postponed, funds raised from your Donors will count towards support of The Event on the postponed date (for the purposes of the fundraising commitment in clause 3).
8.3 If The Event is cancelled, funds raised from your Donors will count towards support of the next charity cycling event hosted by TRACTION that you participate in (for the purposes of the fundraising commitment for that event).
8.4 Donations are made for the purpose of supporting TRACTION’s charitable programs and projects, and are not refundable in any circumstances.
8.5 Corporate Sponsorships may be refundable on cancellation (wholly or partly), depending on the terms of the arrangement with your sponsor as notified to and agreed by TRACTION.
9. Inappropriate behaviour
9.1 The Event Manager may expel a Rider from The Event, and may refuse to allow the Rider to further participate in The Event, if the Rider:
a) breaches these terms and conditions in a substantial way;
b) behaves in a way that in the opinion of the Event Manager is in any way inappropriate or is in any way disruptive and affecting the enjoyment of other participants, or
c) disobeys a lawful instruction given by the Event Manager during, or regarding the conduct of, The Event including ignoring medical directions from the Paramedic Support.
9.2 The Event Manager and TRACTION are each have no liability for any extra cost incurred by a Rider as a result of the Event Manager expelling them or refusing to allow them to further participate.
10. Privacy
10.1 The Event Manager will collect personal information in your Registration Form, to process your registration and for other purposes related to your registration and participation in The Event. The Event Manager’s Privacy Policy, attached as Annexure A, sets out information about the way the Event Manager handles personal information.
10.2 The Event Manager may disclose your personal information to organisations that provide services in relation to The Event, or as otherwise permitted or required by law, as noted in the Privacy Policy.
10.3 If you do not provide the requested personal information, the Event Manager may be unable to process your registration.
10.4 You consent to the collection, use and disclosure of any personal information as contemplated by the Event Manager’s Privacy Policy.
10.5 The Event Manager may from time to time disclose personal information about you to TRACTION. TRACTION’s Privacy Policy is located on the TRACTION website at https://www.traction.community and contains information about the way TRACTION handles personal information.
If you would like further information please view TRACTION’s Privacy Policy or contact governance@traction.community.
11. Talent release
11.1 In the course of participating in The Event, photographs will be taken and video footage recorded which may feature or include your image and/or voice (Content).
11.2 By signing the Registration Form, you:
a) irrevocably and unconditionally consent to recording the Content by approved media partners for The Event, and using, modifying, editing, adapting, reproducing, publishing, communicating to the public and distributing the Content, for educational, marketing and promotional purposes (Content Licence).
b) acknowledge and agree that the Content may include your image or likeness;
c) consent to the use of your image or likeness and your name in accordance with the Content Licence, and waive any rights you may otherwise have to approve or object to the use of the Content and your name in accordance with the Content Licence;
d) release the TRACTION and Event Manager, their respective sublicensees and their respective employees, agents and contractors from any and all claims or causes of action you may otherwise have regarding the Content or the use of the Content or my name; and
e) acknowledge that you will receive no payment for such use.
11.3 You, and your Donor/s and corporate sponsor/s will have a reciprocal licence authorising them to share approved material supplied by TRACTION to help promote and fundraise for The Event.
12. Indemnity
12.1 A condition of participating in The Event is that you indemnify TRACTION and the Event Manager, and their respective related entities and each of their directors, officers, employees, contractors and agents against any actions, claims, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and disbursements and costs in investigation, litigation, settlement, judgment, interest, fines and penalties) which any of them incur directly or indirectly arising from your participation in The Event, including any loss, injury, illness, death or damage to property that you are responsible for.
13. Liability
13.1 The Event Manager and TRACTION are not carriers and are not liable for injury, death, loss of or damage to property or any other loss or damage suffered by the Rider in connection with carriage by land, sea or air in connection with The Event or in transit to or from The Event.
13.2 Except as required by any legislation:
a) the Event Manager and TRACTION give no warranty or guarantee with respect to any product, commodity, article or other thing supplied by The Event, and
b) the Event Manager and TRACTION are not liable for the loss of use of tangible property which has not been physically damaged or destroyed resulting from a delay in or lack of performance by or on behalf of the Event Manager of any legal obligation the Event Manager owes to you.
13.3 The Event Manager and TRACTION each are not liable for indirect, special, economic or consequential loss or damage or loss of revenue, profits, goodwill, bargain or opportunities or loss of anticipated savings that the Rider incurs or suffers in any way (Loss), whether:
a) the Event Manager or TRACTION caused the Loss by negligence; or
b) the Event Manager or TRACTION knew or should have known of the possibility of the Loss.
13.4 The Event comprises recreational services (as defined in section 139A of the Competition and Consumer Act 2010 (Cth)), and this contract excludes any warranty or guarantee that:
a) the services will be rendered with due care and skill; or
b) the services or any materials supplied in connection with the services will be reasonably fit for the purpose for which they are supplied; or
c) the services will be provided in any timeframe.
14. General
14.1 If any part of these Terms is held to be unenforceable, the remainder of these Terms will continue in full force.
14.2 These Terms are governed by the laws in force in Queensland, Australia. You agree to the jurisdiction of the courts of Queensland and the Commonwealth of Australia.
{Please also review the attached – Annexure A}
The Event Manager
Privacy Policy – Events
Bikestyle Tours
This privacy policy applies in respect of information collected where Gill Velo Op Co Pty Ltd T/A BIKESTYLE TOURS ABN 71 627 386 038 (Bikestyle Tours) is managing an event. See our website for our privacy policy that applies to users of the website.
Personal Information
Bikestyle Tours may collect the following information from applicants for and participants in events, and sponsors of events, and other individuals that Bikestyle Tours undertakes business interactions with:
- Identification details – including name, address, contact numbers, email address and date of birth.
- Health information – which may include any information about an individual’s health that we think is relevant to an individual’s participation in an event.
Bikestyle Tours understands that the information we collect will include information which is highly sensitive.
This information is collected for the purpose of planning, managing and delivering events and otherwise for the conduct of Bikestyle Tours’ business activities.
Collection of and Access to Information
Bikestyle Tours will normally collect personal information directly from you, for example when you sign on for an event, and may collect information by email or by phone in addition to the online application form.
We also collect from you Next of Kin/Emergency contact details, for use in the case of an emergency.
You are entitled to seek access to personal information that we hold about you and to update or correct that information. Please contact us by email at: tours@bikestyletours.com.
We will update our records when you provide us with updated or corrected information.
Securing your Personal Information
Bikestyle Tours takes reasonable steps to ensure that personal information is securely stored to prevent unauthorised access or disclosure.
Use and Disclosure of Personal Information
Your personal information will be used by Bikestyle Tours:
- to manage your participation in the event that you register for,
- for general management of the event, including for the safe running of the event; and
- for other purposes related to the event.
We will not use this information for any other purpose without your consent.
Bikestyle Tours may disclose your personal information to organisations that provide services in relation to an event or that otherwise provide support services to us, for example: insurance companies, accommodation and catering providers, medical services providers, event partners and event promoters.
We may also from time to time be permitted or required by law to disclose your personal information, for example to regulatory authorities.
We will not otherwise share your personal information with third parties without your consent.
Our storage and use of personal information may involve overseas storage.
Complaints about Privacy
If you have any complaints relating to privacy issues, please notify Bikestyle Tours by email at: tours@bikestyletours.com. Your complaint will be investigated and we will try to resolve the complaint in accordance with our complaints handling processes.
Changes to Privacy Policy
We reserve the right to update or change our Privacy Policy at any time. Any updated Privacy Policy will be made available to participants in any event that we are managing, and may also be published on our website.
If you have any questions in relation to privacy, please contact Bikestyle Tours:
Mail: PO Box 3183, ROBINA TOWN CENTRE, QLD 4230
Email: tours@bikestyletours.com
{Annexure “B” Example Medical Certificate }
[Certificate is to be provided on letterhead of the medical practice.]
[Your medical practitioner may provide a certificate in any form they customarily use, this Annexure is an example of the medical information we need to ensure that you can safely participate in The Event.]
MEDICAL CERTIFICATE
I, the undersigned Dr______________________________, Medical Practitioner,
Certify that the examination of Name: __________________________________
Date of birth: ______________________ Age: __________________
reveals no contraindications for participating in multi-day cycling events.
Medical certificate issued in (place):____________________________________
Date: ____________________
Medical Practitioner signature: _____________________
