Terms & Conditions
Participant Waiver
Agreement, waiver, release of claims, warning of risk and assumption of risk
You must read this document carefully before signing. This waiver has important legal consequences and may limit or eliminate the ability of you or your representatives to bring future legal actions or obtain compensation, including in the event of your injury or death. It is a condition of your entry into and participation in the 2023 Ride for the Chopper (the event) that you accept these terms and conditions. If you do not accept all the below terms and conditions, you must not enter or participate in the Event. For competitors under the age of 18 years, a parent or guardian must read this document carefully before signing and accepting the below terms and conditions on behalf of the participant.
I understand, by signing below, I accept and agree to all of the following statements in exchange for being permitted to participate in the 2024 Ride for the Chopper (the Event).
I understand, by accepting these conditions and signing this waiver, and/or by participating in the 2023 Ride for the Chopper, I acknowledge, accept and agree to all of the following statements in exchange for being permitted to participate in the 2024 Ride for the Chopper (the Event) organised by Northern NSW Helicopter Rescue Service Limited ACN 002 862 026, known as the Westpac Rescue Helicopter Service (the Event Organiser). These terms and conditions may be changed from time to time, without notification:
- I acknowledge and accept that participation in the Event may involve the risk of temporary or permanent physical injury or harm (injury) or even death, arising from various hazards including but not limited to: personal injury, slippery and uneven surfaces, breakages or defects of or to equipment, failure or unsuitability of a participant’s equipment (including bicycle/bike and equipment), burns,
- I acknowledge and accept that injury or death may result not only from my actions (including physical exertion) but also from the actions, omissions or negligence of other people in connection with the Event.
- I understand and agree that participation in the Event, separately and cumulatively, may constitute a “dangerous recreational activity” under the Civil Liability Act 2002 (NSW).
- I warrant I have sufficient and necessary competence, training and experience to participate in the Event.
- Prior to participating in the Event, I have had the opportunity to consult a medical practitioner. I agree it is my responsibility to determine whether I am sufficiently fit, healthy, skilled and physically trained to safely participate in the Event, and I undertake to withdraw from the Event and not participate if on the date of the Event I am not in good health and proper physical condition. I warrant that I have no physical, medical or mental conditions of which I am aware or should be aware that would affect my ability to safely participate in the Event, or which would result in my participation creating a risk of danger to myself or others, greater than the risk assumed by a healthy person of a similar age as me. I further warrant I have not been advised or cautioned by a medical practitioner not to participate in the Event, this includes participating as a participant or as a support driver.
- I consent to receiving any first aid and medical treatment which may be deemed advisable in the event of accident, injury and/or illness as a result of my involvement in the Event.
- I acknowledge that the Event Organiser is not the owner of the Event site, which may include public land, and I understand and agree that the owner(s) of the event site owes no duty of care or contractual obligations to me.
- I acknowledge and accept that there is a risk of loss, theft, damage and destruction to my personal property including any vehicle, trailer and bicycles at the Event. I agree that I am solely responsible for the security my personal possessions and equipment before, during and after the Event.
- In consideration of being allowed to participate in the Event, I (on my own behalf and on behalf of my executors, administrators, heirs, next of kin, successors and assigns);
- to the maximum extent permitted by law, agree that the Event Organiser Northern NSW Helicopter Rescue Service Limited including its respective officers, employees, agents, events sponsors, volunteers, community organisations and support groups, is not liable to me or any person whether in contract, tort, under statute or otherwise for any physical or mental injury, aggravation, acceleration or recurrence of a physical or mental injury, contraction, aggravation or acceleration of a disease, 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 or community, or that may result in the harm to the individual or community resulting from a failure of the Event Organiser, any illness, loss, damage, death, economic loss whatsoever suffered by me, whether consequential, direct or indirect, caused by or connected with my participation in the Event (collectively referred to as the “harm”), including harm suffered by me due to any person’s negligence; and
- irrevocably indemnify release and hold harmless the persons and entities mentioned in subparagraph (a) above from and against any and all liabilities, claims or actions (including for negligence) whatever or however caused, arising as a result of or in connection with, directly or indirectly, my participation in and travelling to and from the Event, including any claim by any person assisting me. I agree to assume all risk to both my property, property in my possession and risk to myself during the event.
- I accept the Event policies and conditions relating to communications, search, rescue and medical aid arrangements and all other policies published by the Event Organisers and each of which will be made available on my request.
- I understand and agree that any safety precautions undertaken by the Event Organisers (such as supervision, safety briefings, and safety checks) are a service to me and other competitors but do not guarantee my safety or avoidance from harm.
- I understand the respective Event Organisers’ public liability insurance is limited and does not (and is not required by me to) cover or protect me from any injury or damage I cause or contribute to, whether to me or to others, or any loss or harm I sustain or caused by me whilst participating in the Event Organisers (and before and after the Event) and I am advised to obtain, and I remain responsible for obtaining, my own insurances and cover, full private health insurance and adequate income protection insurance.
- I understand the Event Organisers reserve the right to alter the advertised course, alter or change any arranged activities or close, postpone, reschedule or cancel the Event at their discretion, including for the following reasons: if natural or man-made emergencies make administering the Event unreasonable due to weather conditions, natural disaster, pandemic or health emergency, acts of god, terrorism, war or any other reason (at the Event organisers’ discretion), and that my entry fee will be dealt with in accordance with the Event Organiser’s refund policy available on the Event Organiser’s website, or dealt with in accordance with the applicable laws.
- In the event of a cancellation of the Event and where costs have been payable in relation to the event, the Event Organiser will make all endeavours to recover costs and pass them on to you. However, where costs are not recoverable by the Event Organiser those costs will be non-refundable.
- Any transaction costs paid to a third-party booking platform will not be refundable.
- I acknowledge that any donation made to the Event Organiser or via any third-party fundraising platform is non-refundable except in the event of unauthorised credit card use.
- I acknowledge that in the course of the event, photographs, images or film may be taken of me, either alone or in a group. I agree to the use of these images for the use of the Event Organiser or sponsors in publications or websites in the future. I agree that the Event Organiser may use my name in conjunction with those images, and I agree that this may be used in connection with the publicity or reporting of the event publicity.
- I agree to act appropriately at all times at the Event, including obeying all laws, regulations, Event rules and the directions of Event officials and I understand that my entry may be voided if through my actions or behaviour, in the opinions of the Event Organisers, if I have broken these rules, any law or regulation or brought the Event into disrepute. I further understand that the Event Organisers reserve the right to reject any entry without having to justify or give reasons for their actions. I also acknowledge that I will not use this event for any inappropriate or offensive purposes.
- I grant permission to Northern NSW Helicopter Rescue Service Limited (and its affiliates or contractors) to record and photograph my involvement in the Event (the “Recordings”) and to use such Recordings (including all content on those Recordings) in any media and for any purpose without my consent or crediting me and without payment and/or compensation to me. The Recordings are the sole property of Northern NSW Helicopter Rescue Service Limited to use for any purpose, including but not limited to its promoting, advertising and marketing activities. To the extent I may own the Recordings or any content in the Recordings, I hereby assign the Recordings and such content to Northern NSW Helicopter Rescue Service Limited.
- I acknowledge and agree that I may choose to upload photographs, images or film to social media platforms, either alone or in group shots with others as part of my involvement in the Event (the “Uploads”) and I grant a non-exclusive license to the Event Organiser, Northern NSW Helicopter Rescue Service Limited to use such Uploads (including all content on those Uploads) in any media and for any purpose without my consent or crediting me and without payment and/or compensation to me. The Uploads are the sole property of Northern NSW Helicopter Rescue Service Limited to use for any purpose, including but not limited to its promoting, advertising and marketing activities, without payment and/or compensation to me. I also confirm that I am the creator and copyright owner of the Uploads that I upload or share, and I have the permission or consent of all persons in the Uploads (including parental consent if required). The Event Organiser is not responsible for removing any of such Uploads stored subsequently by third parties including search engines.
- Where I am using a bicycle and associated equipment during this event (the Bicycle):
- I acknowledge and accept that I am responsible for controlling the Bicycle and must obey all relevant road rules both State and Local during the duration of the event and that in the event of any breakdown or mishap incurred during the event, all relevant costs will be borne by myself including Bicycle recovery if necessary.
- I agree to ensure the Bicycle is capable at all times of enduring the physical and environmental challenges of the proposed route and that any costs associated with Bicycle repair, loss or damage to my Bicycle or loss or damage to any person or property caused by me or the Bicycle during the event will be the responsibility of myself.
- I acknowledge that during the Event, given the uncertain and changing terrain and environment, and hazards both natural and man-made, that the Bicycle may be damaged during the Event and that I am solely responsible for any damage to or loss of the Bicycle.
- I also agree to wear or use all required safety equipment (including but not limited to an Australian standard cycling helmet and lights on the front and back of my bicycle) at all times when required during the event.
- Where I am the driver of a vehicle being used during or in association with the Event (if applicable) (the Vehicle):
- I acknowledge and accept that I am responsible for controlling the Vehicle and must obey all relevant road rules both State and Local during the duration of the event and that in the event of any breakdown or mishap incurred during the event, all relevant costs will be borne by myself including vehicle recovery if necessary.
- I agree to ensure the Vehicle is capable at all times of enduring the physical and environmental challenges of the proposed route and that any costs associated with vehicle repair, loss or damage to my vehicle or loss or damage to any person or property caused by me or the Vehicle during the event will be the responsibility of myself.
- In the event that I choose to tow a trailer or other equipment including any (Trailer) I agree to ensure that the Trailer is capable at all times of enduring the physical and environmental challenges of the route and that any costs associated with the repair of the Trailer will be the responsibility of myself.
- I warrant that at all times during the Event I will hold a current and valid driver’s licence appropriate for the vehicle and the Trailer
- I warrant that the Vehicle and (if applicable) Trailer being used during the Event has current registration in an Australian State
- I warrant that the Vehicle and Trailer being used during the Event will be insured – both third party property damage and comprehensively, with a reputable Insurer at all times during the Event
- I acknowledge that during the Event, given the uncertain and changing terrain and environment, and hazards both natural and man-made, that the Vehicle, any cargo or equipment stored on or in the Vehicle, and/or Trailer may be damaged during the Event and that I am solely responsible for any damage to or loss of the Vehicle, any cargo or equipment and/or the Trailer.
- I understand my email address may be used to communicate information about this and other sports events and or competitions from which I may unsubscribe to at any time.
- I acknowledge that persons under the age of eighteen years are not eligible to participate in the Event
- I acknowledge and accept that if alternative arrangements are made for individuals to collect an Event registration pack on my behalf no responsibility will be allocated against the Event Organisers in case of loss, theft or damage.
- I understand that my registration for the Event is not transferable to other people. I acknowledge that any refunds in relation to this event will be dealt with in accordance with the Event Organiser’s refund policy available on the Event Organiser’s website, or dealt with in accordance with the applicable laws.
- I understand that this participant waiver constitutes a “risk warning” under the Civil Liability Act 2002 (NSW).
- The Event and the terms herein are governed by the jurisdiction and laws of the state of New South Wales, Australia.
INTELLECTUAL PROPERTY
- I understand that all intellectual property rights in relation to the Event and all content associated with it are owned and licensed by the Event Organiser. I may only use such material for the purpose of participating in the Event.
PRIVACY NOTICE
Your information is being collected by Northern NSW Helicopter Rescue Service Limited (ABN 40 002 862 026) for the purpose of processing your participation in this Event and your support of the Service. Supply of this information is voluntary, but you may be unable to participate in the Event without it. We may use your personal information for the related purpose of sending you marketing materials which we think may interest you as a valued supporter. You can opt-out of receiving these communications at any time by contacting us. Your personal information may also be provided to third parties where required by law or so that such third parties may provide us with services, or where we participate in data cooperatives or swaps.
Our Privacy Policy (available on our website at www.rescuehelicopter.com.au) contains information about accessing and seeking correction of your personal information, making a privacy-related complaint and our complaint-handling process. It also sets out our usual disclosure practices, including any overseas disclosure. For all privacy matters, please contact us by sending an email to enquiries@rescuehelicopter.com.au or by telephone on 0249 52 0000.
I have read and fully understand the above important information, warning of risk, assumption of risk, waiver and release of claims and certify I am 18 years of age or older.