Terms and Conditions of Participation
NOTE TO ALL PARTICIPANTS: Following are the terms and conditions we require you to read and agree to if you wish to participate in a BayWest BUG (BWBUG) event. A BWBUG event includes, but is not limited to rides, excursions and social events.
This is an important document which affects your legal rights and obligations. Please read this form carefully and in full and ensure that you understand and agree to each of the terms.
If you have any questions about the meaning or effect of this document, ask a BWBUG representative or obtain your own legal advice.
By ticking the box “I agree to the terms and conditions” you accept, understand and acknowledge the following, each as a condition of participation in a BWBUG event and in consideration for being able to participate in the event.
1) Participation in a BWBUG event requires me to:
a) comply with all state and federal traffic laws;
b) comply with directions issued by police; and
c) comply with directions issued by the BWBUG from time to time.
2) Participating in a BWBUG event carries with it inherent or obvious risk of bodily injury including minor physical injury (such as muscular injury skeletal injury, bruises, scrapes, abrasions, breaks, dislocation and mental or psychological harm), major physical injury (including paralysis or death) and loss or damage including property damage or loss.
3) This potential harm, damage or loss may arise from occurrences including, but not limited to:
a) traffic conditions including vehicle traffic, pedestrian traffic, changing or broken traffic lights, crowding of participants, unexpected changes in traffic;
b) weather conditions including extremes or sudden and unexpected change;
c) impact with motorised and non-motorised forms of transport to include impact with another BWBUG member, pedestrians, animals and any inanimate hazard found along the way;
d) physical exertion for which I may not be prepared;
e) remoteness to normal medical services;
f) error on behalf of agents of BWBUG or other participants; or
g) the failure of organisers or people associated with the BWBUG event to ensure the safety of persons or property at the event.
4) I agree that I am solely responsible for my own safety while I am participating in the BWBUG event. I agree that I will take all reasonable steps to ensure my own safety, including by wearing appropriate safety gear such as a helmet, and by keeping myself appropriately hydrated. I understand a helmet is necessary for me to wear but that it does not eliminate all risk of injury.
5) I certify that I am physically fit and able to participate in the Activity and I have not been advised to not participate in the Activity by a qualified medical professional.
6) I am aware of the dangers associated with the consumption of alcohol, drugs or other substances which may impair my judgment or physical ability or capacity to safely participate in the BWBUG event. I warrant and certify that before and during the event I will not consume any alcohol, drug or other substance which may impair my judgement, physical ability or capacity to safely participate in the BWBUG event.
7) I am participating in this event at my own risk and release BWBUG and its respective directors, officers, servants, volunteers, representatives and agents or other participants in a BWBUG event (collectively, the Associated Entities) from any liability for my death, bodily injury, loss, or damage (including property damage or loss) howsoever caused (including by negligence) which may be sustained or incurred by me as a result of my participation in a BWBUG event, except in regard to any liability which may not be excluded under Australian Law.
8) BWBUG and the Associated Entities do not make any implied or express warranty that any services provided by BWBUG in connection with a BWBUG event will be rendered with due care and skill or that the services and any materials provided in connection with those services will be fit for the purpose for which they are supplied, with the exception of any warranty that cannot be excluded under Australian Law.
9) I indemnify and hold harmless BWBUG and the Associated Entities against any liability, claims, actions, loss or damage sustained by one or more of them arising out of or in connection with my participation in a BWBUG event.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you —
• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
Membership fees may be paid to:
Name: BayWest BUG Inc.
BSB: 633-000
Account: 130 773 427