THE X-PERT 2011 ROVE
Ride Disclaimer and Terms & Conditions
If you have not completed a Ride Registration email – you CANNOT Participate in The Rove
Definitions
1. The Rove:
a. The group coordinated cycle rides on Saturday 29th October 2011, as may be amended from time-to-time, from
i. Busselton to Mindarie (300k as may be amended from time-to-time)
ii. Bunbury to Deep Water Point (200k as amended from time-to-time)
iii. Any rides, training, gathering, or information in connection with, before or during or within 24 hours after points i and ii
2. Activity
a. The Rove
3. The Rider
a. Anyone participating in The Rove
4. Participant
a. Anyone participating in The Rove
5. Contributors
a. Include
i. Any persons assisting in any manner or providing any goods, services or money or intangibles.
ii. Any persons providing advice or instructions whether accepted or not in any way associated to The Rove
iii. Any beneficiary of any prize, nomination or award
iv. Anyone having any association at all to The Rove, including but not limited to, sponsors, supporters, riders, promoters or any other manner of participation in The Rove or it’s planning.
In confirming your participation in the Rove, you the Rider acknowledge, agree and declare to each & all of the following.
The Rider must obey all Western Australian traffic laws, which includes the wearing of approved helmets.
The Rider must pay the Cover Charge before the start of The Rove
The Cover Charge is payable by The Rider in the event The Rider does not ride and has not advised of cancellation or found a replacement, by Monday 24th October 2011 (only as food will have been ordered/paid for)
Declaration
I, for myself as a Rider or Participant, my personal representatives, assignees, heirs, and next of kin: 1. ACKNOWLEDGE, agree, and represent that I understand the nature of Bicycling Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further acknowledge that the Activity will be conducted over public roads and facilities open to the public during the Activity and upon which the hazards of travelling are to be expected. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity. 2. FULLY UNDERSTAND that: (a) BICYCLING ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“RISKS”); (b) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activity. 3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE, The Contributors, their respective administrators, agents, members, volunteers and committee members, other Participants, any sponsors, advertisers, organisers, and if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the “RELEASEES” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, legal fees, loss, liability, damage, or cost which may incur as the result of such claim.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY CONFIRMING MY PARTICIPATION IN THE ROVE, AND HAVE DONE SO FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILTY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
