- If the Rider is under the age of 18, the Rider must agree to the Parent / Guardian Consent Conditions at the time of registration.
- If the Rider is aged 16 years or younger on the day of the Ride, they must be accompanied on the ride by a Parent / Guardian, as nominated at the time of registration.
- Child Ride entry fees apply to riders under 16 years on the day of The Ride (or the first day of the Ride for multi-day rides).
- Bicycle NSW may, in its absolute discretion and without giving reasons for its decision, accept or refuse an application for registration.
- All Riders must consider the event criteria and timings before entering into a ride. Bicycle NSW as part of the event safety will enforce all ride criteria and event timings to ensure a safe event for participants and the non-event community.
- Start times for each ride option will be enforced by Bicycle NSW if you fail to start within the time allocated for your ride option then you are no longer part of the event and therefore will not be eligible for event benefits.
- No refund or exchange on any ticket except as required by law and as otherwise specified by the seller.
- Tickets are not transferrable.
- Ride Communications will principally be made via email. The Rider should therefore provide a valid email address.
- It is the Rider’s responsibility to read all information that is made available on the Bicycle NSW website, in email newsletters, the Ride Guide and all other literature concerning the Ride.
Acknowledgment & Waiver
- The Rider acknowledges and agrees that participation in the Spring Cycle is inherently dangerous and that he/she participates in the Ride at his/her own risk. The risks associated with participating in the Spring Cycle include but are not limited to the risk that:
- the Rider may be involved in a collision with people, animals, vehicles and/or other objects;
- the Rider may lose his/her balance;
- the Rider may suffer from the effects of heat, cold, wind, rain and other weather conditions;
- the Rider may suffer from physical exertion;
- the Rider may become separated from the cycling group; and
- the Rider may fall from your bicycle,
and these risks may result in the Rider suffering harm including but not limited to death, physical or mental injury, disability, property damage and economic loss. There are other risks to which you may be exposed. It is the Rider’s responsibility to ensure that he/she wears appropriate clothing and safety equipment, including a helmet in accordance with paragraph 20.
- Nothing in these terms and conditions excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including but not limited to a guarantee under the Australian Consumer Law (“ACL”)) which cannot lawfully be excluded, restricted or modified.
- The ACL contains guarantees that give consumers certain rights in relation to goods and services they acquire. These guarantees cannot be excluded, restricted or modified except in certain circumstances. Section 139A of the Competition and Consumer Act (2010) (Cth) (“CCA”) permits a term of a contact for the supply to a consumer of recreational services, to exclude liability of the supplier for death and personal injury arising from the failure to comply with a guarantee provided in sections 60 to 62 of the ACL. To the extent permitted by s139A of the CCA, the Rider acknowledges and agrees that Bicycle NSW excludes all liability in connection with the supply of recreational services for:
- physical or mental injury;
- the aggravation, acceleration or recurrence of a physical or mental injury;
- the contraction, aggravation or acceleration of a disease; and
- 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, that is or may be harmful or disadvantageous to the individual or community, or that may result in harm or disadvantage to the individual or community, resulting from a failure of Bicycle NSW to comply with a guarantee in sections 60-62 of the ACL.
This exclusion of liability does not apply where significant personal injury is caused by the reckless conduct of Bicycle NSW in accordance with s139A of the ACL.
- The Civil Liability Act 2002 (NSW) (“CLA”) permits a term of a contact for the supply of recreation services to exclude liability of the supplier for damages for harm resulting from a breach of an express or implied warranty that the services will be rendered with reasonable care and skill. Subject to paragraphs 19 and 20, and to the extent permitted by law, the Rider acknowledges and agrees that Bicycle NSW excludes all liability for damages for any harm (including but not limited to personal injury or death, damage to property and economic loss and whether direct, indirect, special or consequential) from a failure to exercise reasonable care and skill, regardless of whether the claim is brought in tort (including in negligence), in contract, under statute or otherwise, where such liability results from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
- Except as expressly included in these Terms and Conditions, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from these Terms and Conditions.
- Subject to clauses 12 and 13, and to the extent permitted by law, by participating in the Spring Cycle provided by Bicycle NSW, you agree to indemnify Bicycle NSW against any claim (including but not limited to those arising in negligence), loss, damage, liability, cost and expense that may be incurred or sustained by Bicycle NSW in connection with any act, matter or thing done, permitted or omitted to be done by you or which was in any way connected with your involvement in the Spring Cycle.
- If the Rider is a Parent/Guardian of a person 16 years or younger (“under age child”) who is participating in the Ride, that Rider consents to the under age child participating in the Ride and agrees to take full and sole responsibility for the underage child’s safety and participation in the Ride.
- To the extent permitted by law, the Rider further agrees and undertakes to Bicycle NSW for and on behalf of the under age child that the release and indemnity contained in clause 11 applies with full force and effect to the under age child and that the Rider and any spouse or de facto spouse or partner will take no steps of any sort on behalf of the under age child that would result in the release and indemnity in clause 11 being rendered inoperative, of no effect or being declared or ordered by a court of law as not applying to the under age child.
Compliance with Laws
- During the Ride, the Rider must comply with all traffic and road laws, all directions issued by Police and all instructions given by Bicycle NSW or any employees or officials representing Bicycle NSW at the Ride. Failure to do so may result in the Rider being removed from the Ride.
- The Rider must wear an Australian standard cycling helmet at all times during the Ride while riding a bicycle.
- Motor-assisted electrical pedal cycles are permitted in the Bicycle NSW Spring Cycle.
- Only standard human-powered bicycles, unicycles, tricycles, recumbent, cargo bicycles, tandem bicycles, motor-assisted electrical pedal cycles, kick scooters and hand cycles are permitted on the event.
- The following vehicles (irrespective of the power output of the motor) are prohibited from the Spring Cycle:
- Motorised foot scooters (with or without a seat) –petrol engine.
- Mini bikes or monkey bikes.
- Motorised human transporters such as the WheelMan or SEGWAY.
- Motorised skateboards – electric/petrol engine.
Preparation, Training, Health & Safety
- The Rider is responsible for ensuring that he/she has adequately and appropriately prepared both physically and mentally for the Ride. If the Rider has any health issues or doubts prior to the Ride, he/she should immediately seek appropriate medical advice.
- If, during the Ride, the Rider becomes ill or is injured, Bicycle NSW will endeavour to arrange medical transport, usually in an ambulance. Any medical transport will be at the Rider’s expense. (Bicycle NSW recommends that Riders hold current ambulance service membership and /or health insurance to cover such costs; Bicycle NSW valid membership include public liability and personal accident insurance.)
- It is the responsibility of the rider to ensure they have adequate food and drink for the ride. Any food and drink available on the rides is optional, will be at an additional cost to the rider and should not be relied upon. The food and drink options may be changed or vary without notice to participants.
- The Rider must ride in a safe and responsible manner during the Ride and use common sense at all times.
- The Rider must exercise caution on all public roads and other thoroughfares and ride defensively and courteously.
Ride & Ride Option Variation
- Bicycle NSW reserves the right to change or vary the event without notice.
- Bicycle NSW reserves the right, in its absolute discretion, to:
- Change or vary the route of any of the Ride Options without notice;
- Cancel, postpone, reschedule or change the time or place for the Ride or any of the Ride Options for any reason and at any time prior to the commencement of the Ride; and
- To the extent permitted by law, Bicycle NSW is not responsible for or liable to the Rider for any loss, damage, cost or expense, whether direct, indirect, consequential or otherwise and howsoever or wheresoever incurred by the Rider resulting from any such action taken by Bicycle NSW.
Private Support Vehicles
- Private support vehicles are not permitted on the Ride.
- The Rider acknowledges and agrees that he/she may be photographed or filmed during the Ride and consents to Bicycle NSW using the Rider’s picture and likeness contained in any photographs or film for publicising the Ride and for promoting any future ride or event to be staged by Bicycle NSW.
- Bicycle NSW in connection with Transport for NSW or third party will use your personal information for market research purposes and may enlist the services of a market research company to conduct such research.
- In the course of business being conducted between you and Bicycle NSW;
- In connection with Transport for NSW to a market research company, as described in paragraph 41 above;
- In other circumstances that are directly implied by the purpose agreed between you and Bicycle NSW;
- When permitted by you or at your request; and
- Where legally required to do so.
- The Ride will be held outdoors and will proceed notwithstanding poor weather conditions on the day of the Ride. Bicycle NSW is not liable to the Rider for any loss, damage, cost or expense of any kind including, but not limited to, refund of entry fees, in the event of poor weather before or during the Ride.
- Bicycle NSW reserves the right, in its absolute discretion, to refuse to allow the Rider to participate in the Ride or to remove the Rider from the Ride for breach of these terms and conditions or if it otherwise determines it appropriate to do so.
- Bicycle NSW is not liable to the Rider for any loss, damage, cost or expense of any kind, including but not limited to, the refund of the entry fee, if the Rider is denied access to or removed from the Ride for any reason.
- “Bicycle NSW” means Bicycle NSW Incorporated ABN 26 511 801 801 and includes where appropriate Bicycle NSW’s employees, agents, contractors and officers.