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Terms & Conditions

EVENT PARTICIPATION CONTRACT & WAIVER

IMPORTANT – THIS IS A CONTRACT.

YOU MUST READ AND SIGN THIS CONTRACT BEFORE YOU PARTICIPATE.

Recitals

1. The Service organises, and permits participants to participate in, the Event in consideration for the Participant paying the Registration Fee and otherwise agreeing to be bound by the Service’s rules and directives governing the conduct of the Event.
2. This document is the contract between the Service and the Participant with respect to the Participant’s participation in the Event.
3. The purposes of this contract include to:
   • exclude the liability of the Service to the extent permissible by law to pay damages or any other form of compensation whether arising in tort contract or statute or at law or in equity for any personal injury or death of the Participant as a result of the participant’s participation in the Event; and
   • provide a warning of the risks of engaging in the Event.
   • Participating in the Event is inherently dangerous. The risks include but are not limited to death, serious temporary or permanent injury or illness due to or resulting from: falling from your bike; difficult terrain and obstacles, including slippery and uneven surfaces; hazardous and changeable road or trail conditions, including planned and unplanned works; failure, breakages, defects or unsuitability of or to your bike or your equipment; wildlife, flora and fauna impeding on any route, road, path that the Event is carried out on; operator or rider error and/or lack of skill or care and/or dangerous or reckless behaviour on your part or the part of other participants; disclosed or undisclosed medical conditions; decisions made or not made by organisers, public officials including law enforcement officers and regulatory bodies, landowners and any agents or representatives of those in charge of the Event; heat, cold, wet or other adverse weather conditions; contact with other bikes or vehicles, other participants or members of the public who may or may not be acting safely; or lack of access to medical, evacuation or search services.

Operative parts

1. Definitions

In this contract, the following defined terms are used:

Event means the Ride for the Chopper 2026 event organised by the Service, being an 8-day mountain bike ride from Lightening Ridge to Tamworth.

Participant means the person completing this registration and signing this form as the Participant.

Registration Fee means the fee payable by the Participant (as a rider) to participate in the Event.

Service means Northern NSW Helicopter Rescue Service Limited ABN 40 002 862 026 trading as Westpac Rescue Helicopter Service and it related entities and bodies.

Vehicle or Motor Vehicle shall have the same meanings as in the Road Transport Act 2013 (NSW) and associated regulations, and shall include a motorcycle and any trailer, campervan, or caravan being towed by a Vehicle or Motor Vehicle.

2. Participation
   • In consideration for the Participant paying or providing the consideration under Recital A above to participate in the Event, the Service will permit the Participant to participate in the Event.
   • I acknowledge that the Event involves the risk of serious injury, physical harm or death. I warrant that I am aware that the Event involves the risk of serious injury, physical harm or death.
   • I also acknowledge that in signing this contract:
   • I have done so voluntarily and that no pressure or unfair tactics have been used to persuade me to sign this contract; and
   • I have done so voluntarily in the knowledge that it is open to me not to sign the contract and for the Service to refuse to permit me to participate in the Event.
   • I warrant that I have been given sufficient opportunity to read this contract before signing it and that I have read it.
   • I agree that the Service and any directors or officers of the Service and any person associated with organising the Event shall not be liable to me or any other person for damages, compensation or loss, whether in tort, contract, under statute or at law or in equity or otherwise for any personal injury or death caused by, or in connection with, or arising out of, my participation in the Event.
   • I acknowledge that participants under the age of 18 years (minors) are not eligible to participate (whether as a rider or as an operator or passenger in a support Vehicle) in the Event unless with specific written permission of the Service (at its sole discretion) and the execution of this contract by the minor’s parent or legal guardian.
3. Bike/Vehicle use and condition
   • If I am participating in the Event or any part of it as a rider of a mountain bike or the operator or a passenger in a support Vehicle, I acknowledge that it is a condition of my participation in the Event and warrant that:

• As a rider:
  • I have sufficient and necessary competence, training and experience to participate in the Event; and
  • I am supplying my own bike and equipment to enable me to participate in the Event and I am familiar with and know how to operate that bike and equipment safely; and
  • my bike and equipment are fit for purpose and in a suitable state of repair to enable me to participate in the Event safely;
• If I am the operator of a support vehicle:
  • I hold a valid driver licence issued by an Australian State or Territory that authorises me to operate and/or ride a Vehicle in New South Wales;
  • I am supplying my own Vehicle to enable me to participate in the Event and I am familiar with and know how to operate that Vehicle safely;
  • the Vehicle I use to participate in the Event is registered in an Australian State or Territory, is roadworthy and in good mechanical order, and is fit for the purpose of the Event;
  • the Vehicle is insured under a valid comprehensive third-party insurance policy (CTP green slip) that is current for the whole of the duration of the Event, and I will not do anything or cause or allow anything to be done that will invalidate such insurance or give rise to a denial of coverage in relation to such insurance; and
  • I am solely responsible for taking out comprehensive motor vehicle insurance or third party property insurance at my sole discretion and expense and, if I choose not to take out such insurance, in the event of a claim against me for personal injury or property damage I cause or suffer during the course of the Event, I am personally liable for such injury and damage and am not entitled to any indemnity from the Service in respect of such injury and damage.
  • I agree to always wear or use all required safety equipment when required during the Event.
  • I agree to always act appropriately and to follow and comply with all Event rules, road safety rules and regulations, and to follow all lawful directions given to me during the Event by the Service or its agents, or by any public official including law enforcement officers and regulatory bodies. I agree not to do anything that may cause harm or danger to me, any other participant or any other person during the Event or to use the Event for any inappropriate or offensive purpose.  If I fail to comply with this obligation at any time or do anything that brings the Service or the Event into disrepute, I acknowledge that I shall be asked to leave the Event and will be prevented from any continuing participation in the Event and I shall not be entitled to any refund or reimbursement of any costs or monies paid by me or on my behalf in connection with the Event.

4. Participant acknowledgements and consents
   • I acknowledge that it is my responsibility to only participate in the Event if I am fit and able to do so. If I have a medical condition that impacts on or is relevant to my ability to participate in the Event, I warrant that I have consulted with my doctor, health care provider, or specialist practitioner and have received appropriate clearance to participate in the Event.  If I am requested by the Service to provide a written clearance in relation to any medical condition, I agree to do so otherwise I will not be entitled to participate in the Event.
   • I acknowledge that I am responsible for all medical, hospital and ambulance expenses arising out of my participation in the Event including taking out my own health or medical insurance at my sole discretion.
   • I authorise and consent to the Service arranging any medical, hospital or ambulance services on my behalf if necessary, arising out of my participation in the Event.
   • I authorise and consent to the Service collecting and using my personal information for the purpose of administering the Event and in accordance with the Service’s Privacy Policy.
   • I authorise and consent to the Service collecting my private health information from me and from any person or entity providing me with medical, hospital or ambulance services arising out of my participation in the Event, and to the use of such information to reduce the risks to persons participating in similar recreational activities, in accordance with the Service’s Privacy Policy.
   • I acknowledge that I have agreed to, and am bound by, the Service’s rules and directives governing the conduct of the Event.
   • I understand and agree that any safety precautions undertaken by the Service (such as supervision, safety briefings, and safety checks) are a service to me and other participants but do not guarantee my safety or avoidance from harm.
   • I acknowledge and agree that there is a risk of loss, theft, damage and destruction to my bike, Vehicle, or my personal property and equipment during the Event. I agree that I am solely responsible for the security of my bike, Vehicle, and my personal property and equipment before, during and after the Event.
5. Indemnity
   • I understand and agree that participation in the Event, separately and cumulatively, constitutes a “dangerous recreational activity” under the Civil Liability Act 2002 (NSW) (Act) and that I am participating in the Event at my own risk. I acknowledge that this participant waiver constitutes a “risk warning” under the Act.
   • In consideration for 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 Service including its directors, 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 Service, 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 or 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 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 and me during the Event.

6. Cancellation
   • I acknowledge that the Service is not the owner of any roads, premises, sites, land, route or path on which the Event is being carried out. I acknowledge the Service may at its discretion alter any planned route or itinerary at any time without prior notice to participants, including during the Event.
   • I acknowledge that the Service may at its discretion postpone, reschedule, or cancel the Event including if natural or man-made emergencies make administering the Event unreasonable due to weather conditions, natural disaster, acts of God, terrorism, war or any other reason, and that my entry fee will be dealt with in accordance with the Service’s refund policy available on the Service’s website, or dealt with in accordance with any applicable laws.
   • In the event of a cancellation of the Event or any part of it and where costs have been payable in relation to the Event, the Service will make all reasonable endeavours to recover costs paid and return those costs to you. Where costs are not recoverable those costs will be non-refundable.  Any transaction costs or fees paid to a third-party booking platform or in respect of a transaction shall not be recoverable.
   • If the Participant is unable to participate in the Event for any reason, the Registration Fee shall be forfeited. The Service may, at its sole discretion, consider a request for refund of the Registration Fee but is not obliged to do so.
7. Fundraising target
   • I acknowledge and agree that there may be minimum individual/team fundraising minimum total that must be reached before the Event may proceed.
   • If applicable, in the event of a postponement because a fundraising target is not met, all registrations and fundraising will be automatically transferred to the new Event date. If I am unable to attend on the new date, I can transfer my registration to another individual with the prior consent of the Service.  The replacement participant must do all things and sign all things required to participate in the Event and agree to abide by all terms and conditions of the Event including the terms of this waiver.
8. Intellectual property and photography/videography consent
   • I understand that all intellectual property rights in relation to the Event and all content associated with it are owned and licensed by the Service. I may only use such material for the purpose of participating in the Event.
   • I authorise and consent to photographs and electronic images (images) being taken or recorded of me during the Event. I have no proprietary interest in the images.  I authorise and consent to the Service using such images, my name and information about my participation in the Event to promote the Service or any recreational activities or events organised by the Service.
   • I acknowledge and agree that I may choose to upload images to social media platforms, either alone or in group shots with others as part of my involvement in the Event (uploads) and I grant a non-exclusive license to the Service to use such uploads (including all content on those uploads) in any media and for any purpose without crediting me and without payment and/or compensation to me. In relation to any uploads, I confirm that I am the creator and copyright owner of the uploads that I upload or share or, if I am not, that I have the permission or consent of all persons appearing in the uploads (including parental consent, if required).  The Service is not responsible for removing any of such uploads stored subsequently by third parties including search engines.
9. Privacy notice
   • Your information is being collected by the Service for the purpose of processing your participation in this Event and related fundraising activities. 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.
   • 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 02 4952 0000.