TERMS AND CONDITIONS

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.

You hereby agree to be bound by these terms and conditions with Learn to Ride with BEAKA (LTRB) and the persons named, jointly and severally, as the Providers in the definitions in clause 1 below.

The Providers agree to permit you to undertake the Cycling Activities upon and subject to the following terms and conditions.

Introduction

1. In these Terms and Conditions:
   (a) Claim means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with any Cycling Activities, but does not include:
   (i) a claim against LTRB by any person expressly entitled to make a claim under an LTRB insurance policy; or
   (ii) a claim against LTRB under any right expressly conferred by its Constitution or the Policies (as defined in the LTRB Constitution).

(b) Cycling Activities mean performing or participating in any capacity, including as a member, in any authorised or recognised LTRB activities, including all disciplines of cycling, including but not limited to competing in cycling events and other cycling activities, cycling training and related cycling activities.

(c) Providers means, jointly and severally, in addition to LTRB, the following providers:
(i) the Event Organiser (as defined in the portal) and its officers and employees; and
(ii) the staff (whether paid or volunteers) of LTRB and the Event Organiser.

2. The acceptance of these terms and conditions for your registration in the event, and acceptance by LTRB and the Providers of your application for registration, constitute an agreement between you and the Providers incorporating these terms and conditions.
3. Performance of the Providers’ obligations under these terms and conditions may be effected by any one or more of the Providers either jointly or severally.

Risk warning and waiver

4. Your participation in the Cycling Activities is inherently dangerous and may involve risk. There are risks specifically associated with participation in the Cycling Activities and accidents can and often do happen which may result in personal injury, death or property damage. These risks include, but are not limited to, the risks arising from or connected with the Prevailing Conditions referred to in clause 17 below. Prior to undertaking the Cycling Activities, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have. By accepting these terms and conditions, you acknowledge, agree, and understand that participation in the Cycling Activities provided by the Providers and LTRB may involve risk. You agree and undertake any such risk voluntarily and at your own risk. You acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with and for the purposes of the relevant legislation. This 'risk warning' is given by and on behalf of each of the entities, organisations and persons identified as the Providers in clause 1 above.
5. A supplier of recreational services or recreational activities can ask you to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities, or to whom the services or activities are supplied).
6. If you accept these terms and conditions, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services, or to whom the services are supplied) to sue the supplier because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
7. For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies: By accepting these terms and conditions, you agree that the liability of LTRB and the Providers in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth)) for any:
   (a) death;
   (b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
   (c) the contraction, aggravation or acceleration of a disease;
   (d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
   (i) that is or may be harmful or disadvantageous to you or the community;
   (ii) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities, is excluded and the application of any express or implied term or guarantee under the Australian Consumer Law that any services will be provided with due care and skill is hereby excluded.

Release and indemnity

9. In consideration of LTRB accepting your event entry, you, to the extent permitted by law:
   (a) release and forever discharge LTRB and the Providers from all Claims that you may have or may have had but for this release, but only where such Claims result from your death or personal injury, arising from or in connection with your participation in the event and or undertaking the Cycling Activities, whether caused by the negligence or breach of contract by AC or the Providers or in any other manner whatsoever; and
   (b) release and indemnify LTRB and the Providers against any Claim which may be made by you or on your behalf for or in respect of or arising out of your death or personal injury whether caused by:
   (i) the negligence or breach of contract by LTRB or the Providers or in any other manner whatsoever; or
   (ii) any breach by you of the warranties given in clause 12, 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 LTRB and/or the Providers.
10. In consideration of LTRB accepting your event entry, you, to the extent permitted by law, release and forever discharge, and indemnify and will keep indemnified and hold harmless LTRB and the Providers in respect of any Claim by any person:
    (a) arising as a result of or in connection with your event entry or undertaking the Cycling Activities, whether caused by the negligence or breach of contract by LTRB or the Providers or in any other manner whatsoever; and
    (b) against LTRB and the Providers in respect of any injury, loss or damage arising out of or in connection with your failure to comply with LTRB’s or the Provider's rules and/or directions, whether caused by the negligence or breach of contract by LTRB or the Providers or in any other manner whatsoever; and
    (c) arising out of or connected with any breach by you of the warranties given in clause 12, 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 LTRB and/or the Providers.

Insurance

11. You acknowledge and agree that the fee for undertaking the Cycling Activities and the fee for becoming a member of LTRB does not include personal accident insurance cover. You agree that you are responsible for your own personal accident, medical and/or life insurance and any and all expenses in the event of injury or death. LTRB and the Providers do offer personal accident insurance coverage for an additional fee should you choose to take up such limited LTRB personal accident insurance. If you consider it appropriate to take out such LTRB personal accident insurance, you acknowledge that before doing so you have taken into account such LTRB personal accident insurance cover and your own circumstances.

Disclosure of medical conditions

12. You warrant that you: (a) are and must continue to be medically and physically fit and able to undertake and participate in the Cycling Activities; (b) are not a danger to yourself or to the health and safety of others; (c) have not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells; and (d) are not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for you to take part in cycling including undertaking the Cycling Activities.
13. You acknowledge that you must, and you agree that you will, disclose any preexisting medical or other condition that may affect the risk that either you or any other person will suffer injury, loss or damage. You acknowledge that LTRB and the Providers rely on information provided by you and that all such information is accurate and complete. You must inform The Provider if any such medical or other condition arises after you agree to these terms and conditions and prior to undertaking the Cycling Activities. You agree to report any accidents, injuries, loss or damage you suffer during any Cycling Activities to LTRB and the Providers before you leave any relevant venue. You acknowledge that if any of the warranties you make under clause 12 can no longer be made by you on the date you undertake the Cycling Activities, you must inform The Provider on arrival and before you participate in any Cycling Activity.

Safety and exclusion of applicant

14. You understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during your involvement in undertaking the Cycling Activities, and you accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mindaltering substance. You agree to follow any rules set by LTRB in connection with any Cycling Activities. If you fail to comply with LTRB's rules and/or directions, you will not be permitted to participate or to continue to participate in the Cycling Activities and no refund will be given. If you suffer any injury or illness, you agree that LTRB and/or the Providers may provide evacuation, first aid and/or medical treatment at your expense and that your acceptance of these terms and conditions constitutes your consent to such evacuation, first aid and/or medical treatment.
15. You warrant that you have not at any time been excluded from cycling by a medical practitioner or any person or entity including LTRB and its constituent Area Councils and Clubs. You acknowledge and agree that the Providers may demand a medical certificate or opinion as to your fitness from a qualified medical practitioner PRIOR to your undertaking the Cycling Activities. You acknowledge that if the warranty you make under this clause 15 can no longer be made by you on the date you undertake the Cycling Activities, you must inform The Provider on arrival and before you participate in any Cycling Activities.
16. Any person cycling, training to cycle or participating in any activity carried on by LTRB or organised by any of the Providers may only do so on the distinct understanding that they do so entirely at their own risk.

Prevailing conditions

17. You acknowledge and agree that:
    (a) cycling and the Cycling Activities can and will be affected by the weather which may change without warning;
    (b) there is often an element of the "luck of the prevailing conditions" when undertaking the Cycling Activities over which the Providers or any of them have no control; and 
    (c) unintended incidents may occur during cycling.

Registration

19. You must meet the event entry eligibility and age requirements to participate in the event. LTRB and the Event Organiser reserve the right, in their absolute discretion, to accept or reject an application for registration. If LTRB or the Event Organiser decline an application, they need not give reasons for the decision and there is no appeal from such decision.
20. Registration places for the are limited in number and applications close at the date and time set by LTRB and/or the Event Organiser. Registrations will not be accepted after the closing date above and will not be accepted on the day of the event, unless agreed by the Event Organiser.
21. You must provide your contact details and the contact details (including a valid Australian telephone number) for an emergency contact (e.g. next of kin) so that the Event Organiser can contact that person if you are involved in an emergency situation.
22. Full payment of the registration fee is required
    (i) to confirm your registration and
    (ii) before you can participate in the event. All prices are quoted in AUD per person and are inclusive of Goods and Services Tax (GST).
23. You must abide by, and with, all LTRB rules and policies.
24. All information provided to you by LTRB and the Event Organiser may be subject to change at any time in the absolute discretion of the Event Organiser.
25. All event related communication prior to the event will be made via email. You must provide a valid postal address and a valid email address at the time of registration. You must notify LTRB of any change to your contact details by sending an email to [email protected]

Health and safety

27. You must wear appropriate protective clothing and safety equipment, including a helmet.
28. LTRB and the Event Organiser reserve the right to remove you or any persons from the event where they consider it necessary to do so for health and safety or for any other reason.
29. LTRB and the Event Organiser reserve the right to alter, cancel or amend the event 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.

Cancellation, transfer and refunds

30. All cancellations, transfers and refunds will be processed in line with the LTRB Refund Policy available at www.beaka.au.
31. Notwithstanding paragraph 30, in the case of "Force Majeure", the Event Organiser may, at its absolute discretion, offer a partial or full refund to you. For the purposes of this paragraph 31, "Force Majeure" means a circumstance, event or cause beyond the reasonable power and control of LTRB or the Event Organiser, including (to the extent it is beyond the reasonable power and control of that party) acts of God, pandemic or epidemic, 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.
32. You acknowledge that your registration is not transferable to any other person under any circumstances. Any attempt to transfer your registration or to allow another person to participate under your name may result in your registration being cancelled without refund. Such attempt to transfer may also invalidate the insurance coverage (if any) provided under clause 11.

Use of image

33. You acknowledge and consent to photographs and electronic images being taken of you during your undertaking the Cycling Activities. You acknowledge and agree that such photographs and electronic images are owned by LTRB and/or the Providers and LTRB and/or the Providers may use the photographs for promotional or other purposes without your further consent being necessary.

Privacy

34. You understand that the personal information you have provided in your event entry application is necessary for the conduct and management of the Cycling Activities and for the administration of cycling in Australia generally, and that it is collected in accordance with LTRB Privacy Policy (available from www.beaka.au). You acknowledge that LTRB may use or disclose your personal information for the purposes of providing you with member and event services or promotional material or otherwise in accordance with the LTRB Privacy Policy. LTRB may share your information with third parties such as affiliates and other organisations involved in cycling in Australia; companies engaged by LTRB to carry out functions and activities on LTRB's behalf including direct marketing; LTRB's professional advisers, including LTRB's accountants, auditors and lawyers and LTRB's insurers; however, your information is not generally disclosed to anyone outside Australia. You understand that the LTRB Privacy Policy contains information about how you may access and request correction of your personal information held by LTRB or make a complaint about the handling of your personal information, and provides information about how a complaint will be dealt with by LTRB. You acknowledge that your event entry application may be rejected if the information is not provided. If you do not wish to receive promotional material from LTRB sponsors and third parties, you must advise LTRB in writing or via the opt-out procedures provided in the relevant communication.

Governing law

35. The governing law of this agreement is the law of the state of Queensland (Jurisdiction). You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of the Jurisdiction in which any incident occurs and waive any right to object to the exercise of such Jurisdiction.

Statement of understanding

36. You have read, or have had read to you the above conditions and having understood the same, you consent to the activities proposed.

Entire agreement

37. There terms and conditions (together with the LTRB Constitution and the Regulations) constitute the entire agreement between the parties in respect to the Cycling Activities and supersedes all other agreements, understandings and representations and negotiations with the Providers or any of them in relation to the Cycling Activities. To the extent that any clause of this agreement is void or unenforceable it is severable and does not affect the remaining provisions of the agreement.