Event Terms & Conditions

I wish to participate in the Mallee Family Care INC (“MFC”) Millsy’s Port to Port Cycling Tour (the “Event”), scheduled to take place on November 5 - 6, 2016, and I agree to abide by all rules, regulations, and event instructions of the Event, as well as all applicable municipal and state laws and regulations.

I understand that participating in such an event, using public streets and facilities, and the use of and participation in services made available to participants during the Event (including massage and medical services) is a potentially hazardous activity and can result in serious personal injury or death. I am aware of and expressly assume all risks associated with participating in this Event, including, without limitation, falls, contact with other participants, objects, bicycles and vehicles, the effects of weather, traffic, and the conditions of the streets and routes used by the Event, and I warrant that my participation in this Event is voluntary.

In consideration of and as a condition of acceptance by (“MFC”) of my Application for registration as an entrant in the Event, I, the Applicant, and my heirs, executors and administrators, hereby release MFC, and waive any right or entitlement I or any of my heirs, executors or administrators have or may, but for my execution hereof, have, or which may accrue, in respect of any liability, claim, right or cause of action, including any claim for special damages or costs, and whether for personal injury, loss of life, property damage or any other form of loss or damage whatsoever in any way arising directly or indirectly out of my entry or participation in the Event, and/or the participation of my supporting crew members.

1. I agree and acknowledge that acceptance of my Application for Registration in the Event by MFC is made by MFC on its own behalf and also as agent for all persons, firms and corporations who have acted, or will act, as agents or contractors for MFC in the conduct, organisation, promotion or supervision of the ride and I agree and acknowledge that the waiver and release given by me herein is given jointly and severally to and for the benefit of MFC and all of its said agents and contractors.

2. I further agree and acknowledge that the release and waiver hereby given is given on my own behalf but also on behalf of all supporting crew members and I warrant and declare that I am authorised by all of my supporting crew members to sign this form of waiver and release on behalf of each of them.

3. I will abide by the Rules of the Ride as attached and any lawful instructions given to me by the ride director, marshals or other officials.

4. A copy of this information has been provided to all members of my/our support crew.

5.  I warrant and declare that I am physically capable of, and have sufficiently trained for, completing each respective element of this Event. If I am aware of or under treatment for any physical infirmity, disorder, ailment, or illness, my medical care provider has been apprised of, and has approved of, my participation in this Event. I acknowledge that I, and I alone, am solely responsible for my personal health and safety, and the personal property I bring with me. I consent to receive medical treatment which may be advisable in the event of illness or injuries suffered by me during this Event, and I agree to pay for the costs of any such medical treatment.
I agree that my participation in the Event is subject to the sole discretion of the organisers of the Event, and that my participation may be limited or terminated, with or without cause.

6.  I represent and warrant that I will be at least 16 years old at the time of the Event. If I am under the age of 18, I understand I MUST have a guardian over the age of 18 accompany me on the Event as a fellow, and who, prior to commencement of the Event, shall sign such document as MFC requires acknowledging assuming responsibility and liability for me during the Event.

7  .I understand that the Event may be delayed, postponed or cancelled due to a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of The Millsy’s Port to Port Cycling Tour, including without limitation, acts of God, fires, floods, explosions, riots, wars, sabotage, terrorism, vandalism, accidents, governmental acts, injunctions, strikes and other like events that are beyond the reasonable anticipation or control of the organisers.

8.  I give permission to MFC and each of its respective affiliates, subsidiaries and agents, for the free use of my name, photograph, voice, or likeness, in any broadcast, telecast, advertising promotion, or other account of this Event or marketing or promotion for future or similar events, and waive any rights of privacy I may have in that regard, and I understand and consent that I will periodically be receiving communications related to my participation in the Event.

9.  THIS AGREEMENT SHALL BE INTERPRETED AND THE RIGHTS OF THE PARTIES DETERMINED UNDER THE LAWS OF THE STATE OF VICTORIA. THE COURTS OF VICTORIA SHALL HAVE EXCLUSIVE JURISDICTION FOR ANY DISPUTE ARISING UNDER, OR PERTAINING TO, THIS AGREEMENT.

10.  I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by law and that if any provision of this Agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

11.  I have carefully read this Agreement and fully understand its contents. I am aware that this is a release of liability and a binding contract between myself and the Releasees, and I sign it of my own free will. I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this Agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. 


   
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Swan Hill Rural City Council