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Red Shield Ride Terms and Conditions

Background

In 2019, The Salvation Army will be holding its inaugural annual multi-day bike ride. The Red Shield Ride challenge will take participants from Sydney to Melbourne via Canberra and the Snowy Mountains and some of Australia’s most scenic countryside. All the while participants will be raising valuable funds that will help change lives and bring hope to people in need. The 1400km ride, including more than 16,000 metres of climbing, will be a real test of fitness and endurance (Event). To participate in the Event, a person must register by signing and agreeing to the terms and conditions below.

The Salvation Army prioritises the health of participants, and is carefully planning the Event. At any point during the Event, participants can withdraw their participation for any reason. It is recommended a person not participate if experiencing any medical condition affecting optimal fitness and health. If you are in any doubt about this please consult a doctor.

For the purpose of these terms and conditions, The Salvation Army means The Salvation Army (being the unincorporated religious and charitable association), The Salvation Army (New South Wales) Property Trust, The Salvation Army (Queensland) Property Trust, The Salvation Army (Victoria) Property Trust, The Salvation Army (South Australia) Property Trust, The Salvation Army (Western Australia) Property Trust, The Salvation Army (Tasmania) Property Trust, The Salvation Army (Northern Territory) Property Trust and any organisations or bodies corporate owned or operated by any of the bodies above (TSA).

General

  1. The Event is limited to a maximum of 100 riders, and is based on a ‘first come, first served’ basis.
  2. The Event will run from Monday 29 April 2019 to Wednesday 8 May 2019, or on such other dates and at such times as determined by TSA at its absolute discretion. 
  3. To register for the Event, a person must apply by completing this form and by doing so you will be agreeing to these terms and conditions, and each person must meet the below criteria under the ‘Eligibility’ section. Acceptance of applications to register for the Event is at the absolute discretion of TSA. Minors (aged between 16 - 18 years) can only participate in the Event if their parent and/or guardian is also participating in the Event. There are no discounted registration fees for minors.
  4. Registrations for participants close on 1 April 2019 or such other date as TSA in its absolute discretion determines.
  5. Each participant’s entry fee will help cover the costs of holding the Event. All fundraising monies collected and paid by participants to TSA will be used by TSA to help improve the lives of people in need in the community.
  6. The Event is a fundraising event for TSA. Any participant who does not raise the minimum $5,000 amount may either not participate in the Event or will be required to make up the shortfall from a personal contribution, at the election of TSA.
  7. Each participant must pay in full the $1700 entry fee at the time of application to complete registration.
  8. The cost of registration covers:
    1. accommodation and all meals and snacks during the Event;
    2. two cycling kits, including cycling jerseys, cycling bib shorts, socks, wind proof cycling vest or gilet, a warm cycling top, a cycling cap and a polo style shirt;
    3. limited access to a bike mechanic;
    4. support vehicles during the Event, including limited medical support;
    5. help from TSA with fundraising ideas; and
    6. assistance from TSA with training.
  9. The Event includes all training rides as described below.
  10. TSA reserves the right to set and alter the route of the Event, including departure and destination locations, in the interests of safety.
  11. These terms and conditions are governed by the laws of NSW.
  12. Each participant agrees to indemnify TSA for any loss caused to or suffered by TSA and/or any third party, arising from or out of any negligent act and/or omission by them and/or any breach of one or more of these terms and conditions.
  13. To be eligible to register, a person must meet the following criteria;
    1. demonstrate a previous riding history, including in groups, and be reasonably considered capable of completing the ride by virtue of being/becoming very fit and physically able to complete the ride; and
    2. use Strava GPS Cycling and Running App (Strava) and join the Red Shield Ride 2019 Strava group for the purposes of allowing TSA to monitor participant’s training in the lead up to the ride.
  14. TSA’s event organisers, Mildren Corporate and Events Pty Ltd (Mildren Events), will provide a training plan and offer optional training rides in the 12 months prior to the main ride of the Event (ie, from Sydney to Melbourne). It is the responsibility of participants to train for capability to complete the ride.
  15. To participate in the Event, participants will need to have a medical clearance from a GP within 90 days of the start of the Event or before 4 February 2019 (but this is not required for each training ride). If requested by TSA, participants must provide TSA with a copy of that medical certificate. If a participant becomes aware of any impairment to their health prior to and/or during the Event which may impact their performance, they must notify TSA immediately and if necessary withdraw from the Event (giving notice to TSA as soon as practicable).  TSA reserves the right in its absolute discretion to direct a participant to withdraw from the ride if TSA believes the health and/or wellbeing of any rider is at risk, and if TSA gives such a direction it will not allow such person to ride in the Event.
  16. Participants must supply their own bicycle and spare parts, including tubes, tyres, repair kits and pump. The bicycle must have a full service not earlier than one month of the start of the Event (at the participants’ cost), be roadworthy and a road bike (ie. not a hybrid or other type of bicycle).
  17. Participants must use all necessary protective equipment during the Event, including but not limited to a properly certified helmet, shoes and clothing. TSA reserves the right in its absolute discretion to direct a participant to withdraw from the ride if TSA believes the bike and/or any item of equipment used by a participant is not satisfactory in any respect, and if TSA gives such a direction it will not allow such person to ride in the Event.
  18. It is a condition of participating in the Event that participants have their own personal and third party insurance.
  19. The insurance cover may be obtained through a bicycle insurance provider recommended by TSA or through another insurance provider which provides equivalent insurance cover suitable for the Event.
  20. Participants must provide TSA with a certificate of currency, if requested by TSA.
  21. No fundraising money received will be refunded at any stage, regardless of the time of any cancellation.
  22. Cancellation by a registered participant:
    1. prior to 1 October 2018 requires TSA to provide a 50% refund of the entry fee paid by a registered participant (unless a cycling kit has been received by the participant, then $350 or the cost of the kit will also be withheld by TSA); and
    2. after and inclusive of 1 October 2018 does not require TSA to provide a refund.
  23. TSA may cancel the Event without prior notice at its discretion and in such event a full refund will be made.
  24. If a participant is no longer able to attend the Event and has paid the entry fee, this payment can be transferred into a tax deductible donation, if the participant requests this.
  25. TSA and/or Mildren Events reserves the right to expel any participant from the Event should they act in an unsafe, offensive or dangerous manner. Behaviours such as riding recklessly, causing injury or offense, riding while under the influence of drugs or alcohol, and/or failing to take instruction from any Event officials from TSA and/or Mildren Events regarding safety or the conduct of the ride, will not be tolerated or accepted. Participants are required to adhere to all directions of officials from TSA and/or Mildren Events, and to comply with the Red Shield Ride rules. A copy of the Red Shield Ride rules (the Rules) may be obtained from TSA on request. The Rules are subject to change by TSA at its discretion from time to time.
  26. Any participant judged by TSA and/or Mildren Events to be misbehaving or otherwise not complying with the terms and conditions according to the above may be asked to leave the event immediately by TSA and/or Mildren Events.
  27. The Event is not a race but is a supported bike ride - participants are not exempt from normal road and traffic rules. There may be no special road closures or separate cycle paths set up with the assistance of authorities. Any infringement notices received from the Police or other authorities will be borne by the relevant participant and the participant will indemnify TSA in respect of any such breaches. Participants who, by breaking the law or behaving in a dangerous manner, bring discredit to the Event and/or TSA may not be invited to participate in future TSA events and may be ejected from the ride without notice.
  28. Without limiting the generality of the above, all participants must behave in a lawful manner complying with all state, territory and Australian road laws (this includes, eg, indicating, giving way, stopping at stop signs and traffic lights, wearing a helmet, having a front bell, rear facing flashing red light and front facing white light). It is the responsibility of each participant to familiarise themselves with the laws across the different states and territories involved (NSW, ACT and Victoria).
  29. All participants are required to treat all participants, officials and staff of TSA and Mildren Events, and members of the public with care, dignity, trust and respect.
  30. All participants are required to refrain from consuming alcohol in the presence of children and whilst wearing TSA merchandise. TSA has a zero tolerance policy regarding the use of illicit or illegal drugs and reserves the right to cancel a participant’s registration if they infringe this policy and/or eject a participant from the ride, as the case may be.
  31. All participants must follow and abide by TSA’s branding guidelines, as advised by TSA from time to time. 
  32. In order to participate in the Event, and without limiting any other term of condition, participants (if aged between 16 – 18 years, then their parent/guardian) must read and agree to the waiver, release, indemnity and warranty as to medical fitness stated below. This clause should be construed as a risk warning to the participants (and if applicable, their parent) and this risk warning is given by TSA in accordance with section 5M of the Civil Liability Act 2002 (NSW). Further, you give the undertakings and make the statements set out in, the following clauses 32.1 to 32.9 for the benefit of TSA.
    1. I accept that I am (or if applicable, my child is) voluntarily choosing to participate in the Event, which is an event of physical and psychological endurance of an extraordinary nature. I recognise that I am (or if applicable, my child is) undertaking this dangerous recreational activity for the purposes of personal enjoyment, leisure and fundraising to help change lives and bring hope to people in need. I accept there is a degree of physical and psychological risk in participating in this Event and in making my decision to participate (or if applicable, to allow my child to participate), I understand and I am aware of the risks arising from this Event including but not limited to the following:
      1. Dehydration, exhaustion, cuts, bruises, bleeding, collision/crash injuries with other participants, pedestrians and road users, emotional distress, injuries from trips or falls, sprains, strains, fractures, spine and back injuries, internal injuries, eye injuries, head injuries including concussion, injury from equipment failure, dislocations, impairments and/or disabilities, the onset or aggravation of respiratory or cardiac conditions, injuries from wildlife (snakes, spiders etc.), paralysis and death.
      2. I warrant that no person on behalf of TSA, has provided a representation that contradicts this risk warning.
    2. I hereby release and discharge TSA (including all related bodies corporate, employees, agents and assigns) from any and all claims of loss, damage, or harm to property or persons including but not limited to myself, made by me or any other persons as a result of my (or if applicable, my child’s) participation at the Event, and agree this release and discharge is in respect of any negligent act and/or failure, breach of duty, default and/or omission by TSA.
    3. I acknowledge I am (or if applicable, my child is) not obligated by TSA to participate (or continue to participate) at the Event and do so of my (or their) own free will. In the event I (or my child does) do not wish to do so, I agree I will make this known to TSA and/or Mildren Events during the Event and remove myself (or if applicable, my child) from the Event.
    4. I understand that should I feel light-headed, faint, dizzy, nauseated, or experience pain, discomfort or extreme fatigue or any other debilitating symptoms, I will alert medical personnel or a staff member of TSA and/or Mildren Events and seek the appropriate treatment.
    5. I agree to indemnify TSA against any and all claims made by a person for loss, damage, or harm to property or a person, arising from or as a result of my (or if applicable, my child’s) participation in or actions at the Event. This indemnity operates to cover any negligent act or omission, breach of duty, default, breach of contract and/or omission by TSA.
    6. I warrant that I am (or if applicable, my child is) of sufficient health and physical fitness to participate in the Event, which is an event of physical and psychological endurance.
    7. I acknowledge I am not aware of any medical issues which would preclude my (or if applicable, my child’s) participation in the Event.         
    8. I declare that I have (or if applicable, my child has) not been diagnosed with any of the following conditions: cold or flu, severe, chronic or progressive neurological disorder, cardiac or heart conditions, respiratory conditions, major psychiatric illness or any other medical conditions that would prevent my participation in the Event.
    9. I authorise TSA to obtain such medical assistance and treatment for me (or if applicable, my child) as they deem necessary and I agree to meet all of medical and other expenses of any such treatment.
  33. Each participant must complete the medical information form as part of the registration process.
  34. Each participant:
    1. consents to TSA taking photographs and/or video footage of the participant and if applicable, their children (referred to as the “Images”);
    2. consents to TSA collecting and recording the participant’s personal and related information and if applicable, that of their children (referred to as “The Content”);
    3. grants a non-exclusive revocable licence to TSA to use, publish and/or distribute the Images and/or The Content for the purposes of promoting TSA and/or its activities in any manner and in any form of media;
    4. without limiting this clause 34, acknowledges that TSA may use, alter and/or publish the Images and/or The Content in media, including but not limited to the internet, newspapers, newsletters, brochures, television and DVD’s. All participants acknowledge that this consent extends to cover any subsequent versions of or revisions to The Content or alterations or copies of the Images made following the giving of this consent;
    5. gives consent for their name (and/or if applicable, their child’s name) to be identified in the media that contains the Image/s or The Content, except if the participant indicates when signing these terms and conditions that they do not give consent to the identification (by marking the relevant box);
    6. understands that they have the right to revoke the above licence/s for TSA to use their Image and/or The Content where the participant has reasonable cause to do so, by giving written notice to TSA at communications@aue.salvationarmy.org;
    7. understands that the revocation of their consent under clause 34.6 does not apply with respect to any use of the Image/s or The Content prior to giving their written notice of revocation of consent, including any use in media containing the Image/s or The Content. TSA may continue to use any media containing the Image/s or The Content published and/or used prior to receiving written notice revoking the participant’s consent;
    8. understands that this consent revokes and replaces all previous consent forms they have previously made except for any previous preservations of rights similar to clause 34.7;
    9. acknowledges that they are not entitled to any payment or compensation for TSA’s use or distribution of the Image/s or The Content; and
    10. subject to this clause 34, waives any and all moral rights (as that term is understood under the Copyright Act 1968 (Cth)) (Moral Rights) in and to the Image/s and/or The Content, and hereby undertakes not to enforce their Moral Rights in the Image/s or The Content.

Privacy Notice

  1. TSA is committed to upholding the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). TSA’s Privacy Officer is responsible for ensuring that it’s privacy policies are adhered to and TSA’s detailed privacy policy can be accessed online at www.salvationarmy.org.au/privacy, by contacting TSA’s National Privacy Officer on 1800 961 088 or by writing to privacy@aus.salvationarmy.org. TSA’s privacy policy includes information about how a person may access and update the personal information TSA holds about them and details of how a person can complain about a breach of the Australian Privacy Principles and how TSA will deal with the complaint. A person has the option of not identifying themselves or using a pseudonym when dealing with TSA in relation to a particular matter, unless TSA believes it is impracticable to do so in the circumstances. If a person wishes to deal with TSA in this manner, they must tell TSA in writing so that TSA can consider if the person’s request is practicable.
  2. The personal information that TSA collects about a person is deemed reasonably necessary for the primary purpose of managing TSA’s use of the photographs and/or videos of them that they have authorised TSA to use in promotional material for TSA and to enable TSA to better protect a person’s rights as the subject of the images taken. By not collecting this personal information TSA may be unable to utilise these images to promote TSA and its services. By providing TSA with this personal information a person consents to TSA’s use or disclosure of their information for a secondary purpose related to the primary purpose. TSA is an international movement with a presence in over 120 countries. While every effort is made to keep personal information TSA holds in Australia only, promotional material may be published online and the images a person has authorised TSA to use may be accessible by local and international recipients.
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