Terms & Conditions
It is necessary for each participant involved in the Property Industry Foundation Tour de PIF to sign the Statement of Waiver which is set out below. Please note that participation in the Property Industry Foundation (PIF) Tour de PIF (‘the Event’) will not be accepted without this submitted Statement of Waiver.
CONDITIONS OF ENTRY
1. Cyclists must ride with a helmet at all times.
2. PIF reserves the right to cancel aspects of the event in circumstances that place participants at risk, such as inclement weather. No refunds will be made in these circumstances.
3. Participants will abide by all instructions given by the traffic management and Event Organising Crew (PIF)
4. Participants must ensure at all times to adhere to traffic and road rules.
• It is the cyclist’s responsibility to ensure that their bike is in safe mechanical order prior to riding in the Event.
• PIF have the authority to withdraw participants from the event if their bike or equipment is determined by any of the Event Organising Crew as faulty or unsafe; however it remains the responsibility of the cyclist to ensure that their equipment is in sound working order.
STATEMENT OF WAIVER
1. I have read the conditions of entry including the safety requirements for the Event and understand the demanding physical nature of the Event. I have trained for the Event and I am not aware of any medical condition or impairment that will be detrimental to my health if I participate in the Event. If I become aware of any medical condition or impairment to myself or am otherwise sick or injured prior to the Event, I will withdraw from the Event and notify the Event organisers.
2. I acknowledge that I will choose the ride, walk or run distance which suits my ability and fitness levels.
3. I acknowledge that participating in the Event may involve a real risk of serious injury or even death from various causes including but not limited to: over exertion, dehydration and accidents with other participants, spectators or road users. I acknowledge that it is a condition of participating in the Event that I do so at my own risk.
4. Any guarantee implied by law into this agreement is expressly excluded to the extent permitted by law, including but not limited to:
a) any guarantee that the services are provided with due care and skill which would otherwise be implied by virtue of section 60 of the Australian Consumer Law;
b) any guarantee that the services are fit for a particular purpose which would otherwise be implied by section 61 of the Australian Consumer Law; and
c) any guarantee that the services will be supplied within a reasonable time which would otherwise be implied by section 62 of the Australian Consumer Law; (and any similar statutory warranties).
5. I acknowledge that PIF or the event organisers shall not be liable for any direct or indirect loss or damage caused by:
a) death; or
b) a physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual); or
c) the contraction, aggravation or acceleration of a disease of an individual; or
d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:
(i) that is or may be harmful or disadvantageous to the individual or community;
(ii) that may result in harm or disadvantage to the individual or community, arising from PIF’s failure to comply with the guarantees that would otherwise be implied by sections 60, 61 and 62 of the Australian Consumer Law.
In consideration of PIF accepting my entry in the Event, I hereby indemnify PIF to the extent permitted by law against all loss or damage howsoever arising, directly or indirectly, including all loss or damage arising from PIF’s failure to comply with the guarantees that would otherwise be implied by sections 60, 61 and 62 of the Australian Consumer Law.
6. To the extent permitted by law, I hereby expressly waive all my rights to sue PIF in respect of death or personal injury arising as a result of participation or involvement in any activities provided by PIF, including without limitation rights to sue PIF or to recover damages, losses or expenses from PIF arising by virtue of sections 60, 61 and 62 of the Australian Consumer Law.
7. I acknowledge that the organisers may exclude me from the Event should I fail to observe the road rules of the State.
8. I agree that if the Event is cancelled for any reason including, but not limited to, inclement weather or intervention by a statutory body, my entry fee shall be non-refundable.
9. I understand and acknowledge that I am responsible for my own safety.
10. I consent to use by PIF of any photograph or image of me taken during the Event for marketing or promotional purposes.
11. I will attend the formal safety briefing prior to the ride start, and acknowledge it is my responsibility to listen to and understand the directions given at this briefing.
I certify that I have read and accept the Conditions of Entry and the Statement Waiver above.
I also certify that the details entered are true and are that of the individual submitting this Waiver.