CONTRACT TO PARTICIPATE IN 2021 DVMCC Ravenswood MX Round 2
WARNING! THIS IS AN IMPORTANT DOCUMENT WHICH AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS, PLEASE READ IT CAREFULLY AND DO NOT SIGN IT UNLESS YOU ARE SATISFIED YOU UNDERSTAND IT.
Event is to be run under AMA Insurance
PARTICIPANT TERMS AND CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions (“the Terms”) on which the Australian Motorist Association Inc and or the Australian Motorcyclist Association Inc ("AMA", "we", "our" or "us") accepts entries placed for any events to an AMA club.
Please read these Terms carefully and make sure that you understand them before completing the entry. You should understand that by submitting your entry form (“Entry Form”), you agree to be bound by these Terms.
By submitting my Entry Form, I hereby declare that:
I understand that the event that I am entering (“the Event”) will be run under the standing regulations, guidelines, bylaws and rules of the AMA, (“the Rules”); I hereby agree to comply with the Rules and any other rules and controls stipulated by the relevant Event Organiser (“the Event Organiser”). I understand that I will not be entitled to a refund of my entry fee (“Entry Fee”) if I am disqualified from the Event as a result of, or in violation of these Terms or the Rules.
I understand that it is my responsibility to understand and abide by the Rules before, during and after the Event; and I agree that the decision of the AMA and/or the Event Organiser will be binding and final in all circumstances.
I am entering my own details, or am the parent or legal guardian of a young person and am entering the Event on their behalf.
I acknowledge that Event entry is personal to me and that I may not exchange it with or sell it to or transfer it to any other person.
I agree to conduct myself in a professional and cautious manner during my participation in the Event and understand that I may be excluded from the Event if I do not do so. I accept that, in relation to my participation in the Event, the function of the marshals, officials, relevant signage and other route instructions is only to indicate direction and that I must decide if the movement is safe.
I understand and agree that I participate in the Event entirely at my own risk, that I must rely on my own ability in dealing with all hazards, and that I must conduct myself in a manner that is safe for myself and all others throughout the duration of the Event.
During my participation in the Event I will participate with care and attention and will abide by the Rules, and any other controls stipulated by the Event Organiser.
I acknowledge that participation in the Event may be mentally and physically demanding. I am aware of the nature of the Event and associated medical and physical risks involved. I further certify that I am physically capable of participating in the Event and am capable of completing the Event. I will only participate in the Event if I am capable of doing so.
If I have any medical condition/s, including allergies, which the Event Organiser or Event medical advisers might need to be aware of, I undertake that I have provided details of these on my Entry Form.
I accept full liability and responsibility for any medical expenses incurred as a result of participating in the Event.
I accept that the AMA club, the Event Organiser, the Event sponsors, officials, medical advisers and any person involved in the organisation of the Event are not liable for any injury or illness that I may suffer as a result of my participation in the Event, whether prior to, during or subsequent to the Event.
I accept that if I am involved in an accident or near miss, it is my responsibility to advise the Event Organiser of the accident or near miss and have the details recorded in an incident report. I understand that failure to report an accident or near miss may invalidate any personal insurance cover, provided by the AMA.
Whilst the Event Organiser takes every care with the staging of the Event, I accept that I must make all reasonable precautions for the safeguarding of my person and of my property during my participation in the Event. I further acknowledge that motor vehicle, recreational vehicle, personal accident and personal items insurance is my responsibility.
I accept that it is my responsibility to provide and use a suitable vehicle and safety wear. The Event Organiser’s decision is final as to whether the vehicle and safety wear is suitable.
I accept that the Event Organiser reserves the right to amend the Event format or cancel the Event due to health and safety reasons, including storm, rain, inclement weather, winds, fire or any other act of god conditions. I accept that my Entry Fee may be non-refundable in such circumstances.
I understand that the AMA does not authorise participant withdrawals or refunds, this is the sole responsibility of the Event Organiser. However the Event Organiser may use the AMA or Promoters website to facilitate the refund process.
I understand that the AMA may charge a non-refundable $2 administration charge per Event entry. The AMA reserves the right to create, edit or amend the administration charge per Event at any time. This includes during the period between and entry open and close dates for the Event.
I understand that confirmed entry to the Event is dependent on a fully and accurately completed Entry Form. If this condition is not fulfilled then my entry may not be valid nor accepted, and I will not be eligible to take part in the Event.
Through my completion and submission of the Entry Form, I am committing to paying for my Event entry via the means as instructed on the Entry Form.
I accept that all correspondence and enquiries about the Event shall be directed to the relevant Event Organiser. The AMA cannot deal with enquiries relating to individual Event entries unless the AMA is itself the named Event Organiser.
I irrevocably consent to my appearance in any media format, in relation to the publicity of the Event, and in future publicity and advertising of the AMA and the Event Organiser; provided that such use does not imply my direct endorsement of any official sponsor or suppliers of the Event.
I understand that my personal details (including but not limited to name, age group, gender, race category, finishing time, finishing position) will be stored by the AMA. Such information may appear on the public list of participants and any result list for the Event. By entering the event, the participant or their representative consents to the organiser being given access to their data.
All decisions and rulings by the AMA, the Event Organiser, its workers and its promoters are considered final.
The AMA reserves the right to vary these Terms effective immediately upon posting on the Site.
Limitation of Liability – your attention is particularly drawn to this section
If for any reason the Event is cancelled or postponed, please review the specific event details, rules and terms & conditions which have been documented by the Event Organiser. If a refund is appropriate, the participant should contact the Event Organiser.
The aggregate liability in respect of any loss or damage suffered by any participant and arising out of or in connection with these Conditions shall not exceed the non-refundable administration fee.
Neither the AMA nor the Event Organiser shall be liable for losses that result from our failure to comply with these Terms that fall into the following categories (even if such losses result from our deliberate breach): (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits; (iv) loss of anticipated savings; (v) loss of data; or (vi) waste of management or office time.
Nothing in these Terms excludes or limits the AMA’s liability for (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) any breach of obligations implied; (iv) any deliberate breaches of these Terms that would entitle you to terminate the Terms; or (v) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
These Terms (and the documents referred to in them) constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the Event. The participant acknowledges and agrees that in submitting the Entry Form it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in these Terms.
To the extent permitted by law, all provisions of these Terms shall be severable and no provision shall be affected by the invalidity or unenforceability of any other provision.
Neither the AMA nor the Event Organiser will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
A person who is not a party to these Terms shall not have any rights under or in connection with them under Australian contracts law.
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Australia. The parties irrevocably agree that the courts of Australia shall have exclusive jurisdiction. |