TERMS AND CONDITIONS OF PARTICIPATION AND COLLECTION STATEMENT
(including Release and Indemnity)
FOR 2019 SYDNEY CHILDREN’S HOSPITALS FOUNDATION
Pedal 4 Kids
2019 Sydney Children’s Hospitals Foundation’s Pedal 4 Kids (the event) is a recreational activity which is dangerous. Any activity associated with riding a bicycle may result in personal injury or damage to property. In particular, the activity will involve riding on public roads where an accident, a collision, or act to avoid an accident or a collision, may involve serious personal injury and/or damage to property.
You participate in the event at your own risk.
This warning is given by Sydney Children's Hospitals Foundation on its own behalf and on behalf of all persons or organisations involved in the conduct of the event. Under Division 5 of the Civil Liability Act 2002 these persons shall not be liable in negligence for harm suffered by a participant.
If you are under 18 this warning is addressed to your parent or guardian and any other adult person accompanying you.
Terms and conditions – including Exclusion of Liability and Indemnity
These terms and conditions are in addition to and not in derogation of the Risk Warning.
Permission to participate in 2019 Sydney Children’s Hospital’s Foundation Pedal 4 Kids (the event) is given by Sydney Children's Hospital’s Foundation on its own behalf and any of the Participants Support Crew, any Landowner, Venue owner or other person involved in the conduct of the event including any employee, agent or contractor of the foregoing and any volunteer.
In consideration of Sydney Children’s Hospitals Foundation permitting the Participant to take part in the Event, the Participant agrees to these terms and conditions:
- In these terms and conditions:
"Claim or Demand” means any claim, demand, action, proceeding, judgement, order, award of damage or costs of any nature whatsoever.
"Event Providers'" means any and all persons included in the definitions of the Sydney Children's Hospitals Foundation, the Participants Support Crew, any Landowner or Venue Operator.
“Landowner” means and includes the owner, lessee or occupier of any land and any employee, agent or independent contractor of any such person.
“Participant” includes the legal or personal representatives of the Participant.
“Participants Support Crew” means and includes (but is not limited to) each person travelling with the Participant in his vehicle and each person assisting the Participant in any way including (but not limited to) a mechanic, a member of a mobile workshop team or supply team or any person acting in that capacity and their legal or personal representatives.
“Sydney Children’s Hospitals Foundation” means and includes Sydney Children’s Hospitals Foundation and each of its officers, members, employees, agents and independent contractors and any volunteer assisting it in connection with the Event.
“Venue Operator "means and includes the owner, lessee or occupier of any hospitality and or entertainment venue and any employee, agent or independent contractor of any such person.
- The Participant acknowledge that the event involves a risk of personal injury to, or damage to property of the Participant or others.
- The Participant participates in the event solely at their own risk.
- The Participant should consider insuring in respect of the risks involved in the event and in particular hold or arrange private health insurance with ambulance cover and personal accident insurance.
- The Participant acknowledges and agrees that, other than as provided for in clause 9, no person who is an Event Provider is liable for any loss or damage of whatever nature suffered by or caused by the Participant in relation to the event, arising from any act or omission of any Event Provider, including (without limitation) an act or omission that is negligent.
6 Other than as provided for in clause 9, the Participant shall not make any Claim or Demand against any Event Provider for any loss or damage of whatever nature suffered by or caused by the Participant in relation to the event, arising from any act or omission of any Event Provider, including (without limitation) in connection with any acts or omissions that are negligent or the result of failing to exercise reasonable skill and care.
7 The Participant releases and indemnifies all Event Providers from and against every Claim or Demand arising from any act or omission of any Event Provider, including (without limitation) an act or omission that is negligent that arises by reason of any act or omission of any type of the Participant (including without limitation acts or omissions that are negligent or the result of failing to exercise reasonable skill and care).
8 Other than as provided for in clause 9, this release and indemnity operates:
(a) according to its terms and shall not be read down nor shall these terms and conditions be affected or altered in any manner, notwithstanding that the Participant may have been induced to participate in the Event by representations made by or on behalf of Sydney Children’s Hospitals Foundation; and
(b) irrespective of whether the sickness, injury or death is caused or contributed to by any act or omission (including without limitation any negligent act or omission) of the Event Providers.
- It is not intended that these terms and conditions will prevent the recovery of damages by a Participant from:
(a) the owner or driver of a motor vehicle or a nominal defendant where the vehicle is covered by a policy of insurance under the Motor Accidents Compensation Act 1999 or where the nominal defendant is otherwise liable under that Act but only on the basis that any such damage is not recoverable by way of subrogation or otherwise from any other Event Provider who is not indemnified by the policy or the Act; or
(b) the Sydney Children’s Hospitals Foundation in relation to any sickness, injury or death suffered by the Participant as a direct result of the gross negligence of the Sydney Children’s Hospitals Foundation, for which (to the maximum extent permitted by law) the maximum aggregate liability of the Sydney Children’s Hospitals Foundation is limited to an amount equal to the amount of insurance held by the Sydney Children’s Hospitals Foundation covering any such gross negligence.
- These terms and conditions shall be governed by and construed in accordance with the law of New South Wales and in relation to any matter arising from participation in the event the Participant agrees to submit to the exclusive jurisdiction of the Supreme Court of New South Wales or a lower court in New South Wales with jurisdiction to determine the matter. If any of these terms and conditions may not operate by reason of a law that may not be contracted out of then, they shall be read down but only to the extent necessary to comply with the law.
- The Participant will pay all entry fees and other charges imposed by Sydney Children’s Hospitals Foundation in respect of the Event.
- The Participant agrees that these terms and conditions may be relied upon in any claim brought by the Participant or their heirs, executors and assigns.
You acknowledge that the information you provide will be collected by or on behalf of the Foundation and may be disclosed to third parties for the purposes outlined above or as required by law. Such third parties may include information technology suppliers, communications suppliers and other third party suppliers and business partners of the Foundation.
Acknowledgement of Risk Warning and acceptance of terms and conditions and Collection Statement
I have read and understood the Risk Warning, these terms and conditions of participation, the rider safety and road rules found here and the Collection Statement and I agree to participate in the Pedal 4 Kids bike ride: