Terms & COnditions
Please read the below ‘Terms & Conditions’ carefully before booking your next Adventure.
DEFINITIONS: “I” means the person completing the registration personally or on behalf of someone else “Event” means the Event I am registering for, including road cycling, mountain bike riding and other associated activities “Organisers” means Optimum Project Pathways Pty Ltd. (ACN 149147580) t/a Jack Cycles Far their directors, officers, employees, agents, volunteers and contractors, together with the local government and all public bodies, landholders, sponsors and suppliers in any way involved in the organisation or conduct of the Event “Participant” means the person participating in the Event, including as a Rider, Support Crew member or Volunteer “Terms” means these Terms and Conditions
1. I warrant that all information provided to the Organisers is true, correct and complete.
2. I acknowledge that any Participant under the age of 18 as of the start of the event must have Parent/Guardian consent to participate in the Event and must be accompanied by an adult for the duration of the Event
3. I acknowledge that the Organisers may in their absolute discretion refuse an application for registration.
4. I acknowledge that the Organisers reserve the right to change any team name, or not allow the use of a conflicting name.
5. I declare that I am mentally and physically able to participate in the Event and agree to disclose any pre-existing medical conditions that may affect my performance or be relevant if medical treatment is required.
6. I understand that I should not participate in the Event unless I have trained appropriately and am in good physical condition. I declare that I will ride within my skill level and capability during the Event.
7. I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as medical professionals may deem appropriate.
8. Clauses 29, 30, 31 and 32 extend to any liability arising out of, or in any way connected with, the medical treatment and transport provided to me in the event of an emergency.
Assumption of Risk
9. I acknowledge and agree that: a) The Event carries inherent risks including but not limited to contact or collisions with persons, objects or wildlife, equipment related hazards, weather-related hazards, natural hazards and inadequate first aid unavailable first aid and/or emergency measures; b) Any of the risks identified in clause 9(a) and others not specifically named, may cause injury or injuries including but not limited to scrapes, bruises, sprains, nausea, cuts, property loss or damage, broken bones, fractures, torn or strained ligaments and tendons, concussions, heat-related illnesses, mental stress or exhaustion, infection, loss of consciousness, permanent disabilities, stroke, spinal injuries, heart attack, heart failure, brain swelling and death.
10. I acknowledge and agree that I am participating in the Event freely, voluntarily and absolutely at my own risk and with a full appreciation of the nature and extent of all risks involved in the Event.
11. I acknowledge that the Organisers have not and will not obtain insurance for me for the Event or
12. I acknowledge that I am fully responsible for the security of my personal possessions during the Event and that the Organisers accept no responsibility for the loss or theft of any Participant’s belongings, valuables or equipment.
13. I agree to promptly report any accidents, injuries, loss or damage I suffer or cause to another person during the Event.
14. I declare that I will wear an Australian Standards approved cycling helmet at all times whilst riding a bike during the Event.
15. I declare that I will use a rearward, red flashing light at all times whilst riding a bike during the Event.
16. I declare that my bicycle equipment is appropriate for the terrain and well maintained.
17. I understand that carrying spare parts for my bicycle is my responsibility (including tubes). Intellectual Property
18. I acknowledge that Event communication will principally be made via email. I agree to provide a valid email address during the registration process. If I do not have access to an email address I agree to make every effort to read the updates which will be posted on the Event website.
19. I acknowledge that in accepting these Terms I agree to receive electronic updates. Participants can then unsubscribe from electronic information.
20. I agree to read information that is made available on the Event website, in e-newsletters, the Event manual and other literature concerning the Event. Intellectual
21. I acknowledge and accept that unless otherwise specified, any and all photographs, motion pictures, recordings and/or likenesses of me captured during the Event by the Organisers, its affiliated entities or contractors, and/or the media are the sole property of the Organisers.
22. I grant the right, permission and authority to the organisers and their designees to use my name and any such photographs, motion pictures, recordings and/or likenesses for any legitimate purpose, including but not limited to promoting, advertising and marketing activities.
23. I agree to follow any guidelines, rules, directions and instructions issued by the Organisers. I acknowledge that failure to do so may result in exclusion from the Event, in which case no refund will be given.
24. I agree to conduct myself in a safe and responsible manner during the Event, using common sense at all times.
25. I agree not to engage in any anti-social behaviour, criminal activity or other conduct that may result in harm or damage to me, other participants or property. I acknowledge that failure to do so may result in exclusion from the Event, in which case no refund will be given.
Cancellations & Refunds
26. I agree that the Organisers may in their sole and absolute discretion delay, reschedule, modify or cancel the Event. If the Event is delayed, modified or cancelled due to reasons beyond the control of the Organisers, including but not limited to extreme weather, acts of terrorism, riot, war, threatened or actual strike, fire, flooding, earthquake, material shortage, unavoidable casualty or unsafe road/track conditions, there will be no refund of entry fees and the Participant will have no claim for damages or loss of any kind against the Organisers.
27. I agree to notify the Organisers in writing should I wish to cancel my participation in the Event.
28. I acknowledge that I am not able to transfer my registration to another person.
29. I acknowledge that the registration fee is non-refundable.
30. To the extent permitted by law I agree that the Organisers shall be excluded from liability for ordinary negligence in the conduct of the Event and the application of any of the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law and further the Organisers shall be excluded from liability under any civil liability or consumer law applicable in Australia at the time of the Event subject to the exception that this exclusion of liability will not apply in circumstances where the conduct of the Organisers is reckless.
31. In consideration of being permitted to participate in the Event, to the extent permitted by law, I hereby forever waive, release, covenant not to sue and discharge the Organisers from any and all claims, actions, suits, demands, losses and other liabilities in relation to any death, physical or mental injury resulting from the inherent risks of the Event or the ordinary negligence of the Organisers that I may have arising out of my participation in the Event.
32. To the extent permitted by law, I hereby agree to hold harmless, defend and indemnify the Organisers from any and all claims made by me arising from death, physical or mental injury or property loss or damage due to my participation in the Event. This applies both to claims arising from the inherent risks of the Event or the ordinary negligence of the Organisers.
33. I further agree to hold harmless, defend and indemnify the Organisers against any and all claims of coparticipants, rescuers and others arising from my conduct in the course of my participation in the event. Venue and jurisdiction
34. I acknowledge and accept that these Terms and Conditions shall be governed and construed in accordance with the laws of the State of Western Australia and where applicable the Commonwealth of Australia and I irrevocably submit to the non-exclusive jurisdiction of the Courts of Western Australia and of the Commonwealth of Australia with respect to any legal action or proceedings which may be brought in any way relating to these Terms and Conditions.
35. I acknowledge and agree that these Terms and Conditions are intended to be as broad and inclusive as is permitted by the laws of Western Australia and that if any provision shall be found to be unlawful, void or for any reason unenforceable, then that provision shall be severed from this agreement and does not affect the validity and enforceability of any remaining provisions.
36. I acknowledge and agree that this agreement supersedes any and all previous or oral written promises or agreements.
37. I understand that this is the entire agreement between me and the Organisers and cannot be modified or changed in any way by representations or statements by any agent or employee of the Organisers.
38. I acknowledge that I have read and understood the Terms and declare that by completing the registration to participate in the Event I agree to be bound by them.
I agree with terms and conditions listed above by:
Booking a tour with Jack Ultra Cyclist through this website.
Booking a tour with Jack Ultra Cyclist privately through email.