This document forms the Acknowledgement of risk, Indemnity Release and Terms and conditions for the ‘Roller Coaster Run’ (Event) hosted by SingleTrack Events Pty Ltd.

The Event will be held on Saturday 28th and Sunday 29th of October 2023.

The Event will include races of 46km, 23km, 12km and 2km distances.

The following definitions will apply throughout the SingleTrack Events Pty Ltd Terms and Conditions document:

“Claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence.

“Consent” means the form provided in the online entry system for parent or guardian acceptance and acknowledgement of the Terms and Conditions.

“Eligibility Requirements” means the requirements that must be satisfied for You to enter and participate in the Event, details of which are provided in Section 1 of the Terms and Conditions.

“Event” means the SingleTrack Events detailed in Section 1 of these terms and conditions

“Event Day” means the day or days that the Event competition is held on.

SingleTrack Events Pty Ltd on behalf of the Event, our subsidiaries and authorised representatives. All references to “We”, “Us” or “Our” are references to SingleTrack Events Pty Ltd on behalf of the Event.

“Terms and Conditions” means these Terms and Conditions (including the Warning and Note) and where the context allows, any policies and rules applicable to the Event.

“You” means the person named on the Event application being the applicant and where accepted by SingleTrack Events becoming a competitor in the Event. Where You are under 18 years of age, where relevant, You also refers to the consenting parent or guardian.

“Warning and Note” means the warning and note provided in accordance with the Australian Consumer Law allowing recreational service providers to limit their liability to You.

Under the ACL, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that SingleTrack Events Pty Ltd on behalf of the Roller Coaster Run is required to ensure that the recreational services it supplies to You:-

1. are rendered with due care and skill; and

2. are reasonably fit for any purpose which You, either expressly or by implication, make known to SingleTrack Events; and

3. might reasonably be expected to achieve any result You have made known to SingleTrack Events.
   

4. Under section 22N of the ACL, SingleTrack Events is entitled to ask You to agree that these statutory guarantees do not apply to You. By entering or participating in the Event, You agree that Your rights to sue SingleTrack Events (under the ACL) if You are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in the Terms and Conditions.

NOTE: The change to Your rights, as set out in the Terms and Conditions, does not apply if Your death or injury is due to gross negligence on SingleTrack Events’s part. Gross negligence is defined in the Australian Consumer Law and Fair Trading Regulations 2012.

You hereby Acknowledge that participating in this Event is inherently dangerous and You may be exposed to risks as a participant in this event. These include, but are not limited to exposure, extreme weather, over exertion, dehydration and/or injury due to the nature of terrain. These are inherent risks, and may eventuate at any time, and may result in damage to property, injury or death. By entering this event you acknowledge and agree that: –

1. You have read all details of the Terms and Conditions, understand the risks associated with the Event and accept and assume the inherit risks in participating in this Event.

2. You are solely responsible for your personal possessions at all times during the Event including but not limited to mandatory gear, drop bags and personal possessions. You agree that SingleTrack Events is not responsible or liable for repair or replacement of any damaged property.

3. You acknowledge that where You are a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. You acknowledge that these implied terms and rights and any liability of SingleTrack Events flowing from them, are expressly excluded to the extent permitted by law. To the extent of any liability arising, the liability of SingleTrack Events will, at its discretion, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the entry fee in part or full relating to the Event.

1. To be eligible to participate in the Event You must comply with the event age requirements on the date of the event as laid out on the event website for the race distance You wish to participate in.

2. If You are under 18 years of age on the date of the Event, a parent or guardian must accept these terms and conditions and acknowledge the Warning and Note required by the Australian Consumer Law. Where no consent is provided, You warrant that You are 18 years of age or older on the date of the Event.

3. You must be medically and physically fit and able to participate in the Event.

4. You must not be a danger to Yourself or to the health and safety of others.

SingleTrack Events reserves the right to refuse any application for entry into the Event for any reason, including where:

1. An applicant does not meet the Eligibility Requirements;

2. An application, including a team application, is not completed by the nominated completion date;

3. the field cap has been reached, regardless of the circumstances; or

4. An application is made on the Event Day unless SingleTrack Events makes a specific exception allowing the application.

1. If Your application to participate in the Event is accepted You will be permitted to participate in the Event on the condition that You comply with the Terms and Conditions and any reasonable direction issued by the Event organisers or their representatives.

2. You must immediately notify SingleTrack Events in writing of any change to Your fitness and ability to participate in the Event. Where You do not provide any written notice to SingleTrack Events, SingleTrack Events will rely upon this as evidence of Your fitness and ability to participate.

3. It is Your obligation to follow and complete the course as marked by Event organiser in full, and not cut or shortcut any component of the course. The Event organisers may request data files from You to validate and finishing time and position, failure to do so may result in disqualification without refund at the Event organisers discretion.

4. It is Your obligation to understand and acknowledge cut-off times in relation to Your event as listed in the Participant Guide. The Event organisers hold the right to remove you from the course if you have not met, or display Your inability to meet the strict cut-off times. No refund will be issued upon failure to meet cut-off times.

5. To be eligible for on course refreshments or medical support, You must have your official event Bib.

6. In applying to participate in this Event You consent to receiving any medical treatment that the Event organisers or their authorised representatives (including emergency services providers) consider reasonably necessary or desirable during or shortly after the Event. You must reimburse the Event organiser and SingleTrack Events for any costs or expenses incurred in providing You with medical treatment.

7. You must pay the fees due at the time of submitting Your application. No applications will be accepted or considered unless and until all fees have been received by SingleTrack Events.

8. You must carry the mandatory gear specific to your entered event. If You do not do so SingleTrack Events may exclude You from participating in the Event without refund.

9. The Event has put in place procedures to ensure Covid-19 regulation compliance. You are responsible for compliance with these procedures as laid out in the Event Participation pack and visual signage at the Event. Failure to comply may mean disqualification and ejection from the Event area or course without refund.

10. You are responsible for the actions and behaviour of any of Your support crew for the entirety of the Event. Failure of Your support crew to comply with directions may result in disqualification from the Event without refund.

1. You acknowledge that SingleTrack Events holds Public Liability Insurance for the Event. This Insurance does not cover personal injury insurance for You, the participant. SingleTrack Events strongly recommends You hold your own personal insurance and ambulance cover.

2. You understand that SingleTrack Events insurance may not cover you for all injury, loss or damage sustained by You in participating in the Event and you acknowledge that SingleTrack Events does not make any representation about the suitability of the insurance.

1. You must pay all the fees due, including any amounts payable for additional services such as additional merchandise, and other options You nominated at the time of entry into the Event.

2. You must pay any surcharges that may exist from time-to-time relating to credit cards other than Visa and/or MasterCard.

1. If competitors are unable to compete in the Event for any reason (except disqualification), you will be entitled to a percentage refund on your entry fee until 30 days prior to the event. The event website details the timings, refund amounts and process by which to submit a withdrawal. A $20 withdrawal fee will apply in all instances.

2. If competitors are unable to compete in the Event for any reason (except disqualification), You are entitled to keep any event garment, show bag or gift bag as relevant if already received from SingleTrack Events.

3. There will be no refunds for any other items purchased at the time of registration.

4. You accept that in such circumstances SingleTrack Events has the right to alter the format of, shorten, or cancel the Event in the interest of competitor safety. SingleTrack Events will use all reasonable efforts to conduct the Event in the planned format if safe to do so. Should any reason outside the control of SingleTrack Events, including without limitation weather or other dangerous conditions, war, strike or any other act of God force any change, You accept that SingleTrack Events provides no guarantee in full or in part to refund, credit or exchange any fees that you have paid.

5. Nothing in this clause is intended to exclude, modify or limit the operation of the Australian Consumer Law.

1. If the Event cannot go ahead due to coronavirus (COVID-19) restrictions on the scheduled date, then:
   1.1 A portion of your entry fee will be refunded for all valid entries. In accordance with Victorian Consumer Affairs advice, SingleTrack Events are entitled to deduct reasonable expenses that have already been incurred in the preparation for the event. SingleTrack Events will seek to engage an external financial advisor to assist in determining a fair and reasonable refund amount and communicate this with participants.
   1.2 Refunds will be paid to participants no later than 30 days after the scheduled Event date.
   1.3 At the discretion of SingleTrack Events, valid entries may be transferred as credit for entry to future events.
   1.4 No FOC entries will receive a refund.

2. Participants enter this Event with full knowledge that unforseen regional or state travel restrictions may apply on the scheduled date of the event. However, a 100% refund will be provided to participants who are not able to attend due to any travel restrictions.

3. If You have been diagnosed with COVID-19 or are awaiting a test result, or are in quarantine due to close contact or contact tracing efforts, You are to notify the Event organisers in writing and not attend the Event in any way. You must be able to display proof that this is a legitimate reason for you to not attend, such as a dated COVID-19 test or doctors certificate stating COVID-19 as a reason for non-attendance. Upon receipt of valid proof, a refund of 100% of registration fee will be applied to valid registrations.

4. If a reduction in Event capacity is introduced via local, regional, state or federal government after registrations have been released to participants that reduces capacity to less than the registrations already allocated at that date, priority will be given to participant registration based on date of registration, prioritising the first dated entry and working in chronological order until revised capacity is reached.

5. If You are not granted a registration based on prioritised event registrations as listed in section 11.4, a refund will be applied to all valid registrations. A valid registration is a fully paid registration; no FOC registrations will receive a refund.

1. Event Transfers are only permitted as set out within the Withdrawals & Transfers section of the website.

2. Any attempt to transfer Your entry to another person without the knowledge of SingleTrack Events may result in the cancellation of Your entry without refund and You may be prohibited from participating in other SingleTrack Events events.

3. You must not offer Your (or any other persons) Entry for sale through any medium, including auctions (on eBay or any other auctioning or similar means). All individuals involved in such conduct will be disqualified from the Event.

1. SingleTrack Events has a privacy policy and the information that You provide with this application is necessary for the conduct of the Event. You acknowledge and agree that the information provided will be used by SingleTrack Events to facilitate the conduct of the Event.

2. You understand that You will be able to access Your information through SingleTrack Events.

3. If the information is not provided Your application may be rejected.

4. You warrant that the information You provide in Your application is correct. If You provide incorrect information, SingleTrack Events may disqualify You from the Event and You may be ineligible to participate in future SingleTrack Events conducted events.

5. You consent to the Event organisers, direct sponsorship partners or associates using Your name, image, likeness and also Your performance in the Event, at any time, to promote the Event or any future similar events by any form of media.

6. You consent to receiving electronic newsletter material from the Event organisers or their authorised representatives prior to and after the Event. Unless You have nominated otherwise, You acknowledge and agree that Your information may also be used for marketing purposes by a third party or an Event sponsor.

7. Under no circumstances will your data be shared with any other party for marketing, promotion and/or communication purposes. The only instances whereby your data will be shared with a third party is where supply of data is strictly required to be provided to a supplier of SingleTrack Events as part of its event delivery and event services to You, in which case a strict data management procedure will be observed.

If any term or condition (in whole or in part) is illegal or unenforceable, that term or condition (or part) is to be severed from these Terms and Conditions to the extent that it is illegal or unenforceable. Any remaining part of a term or condition remains valid and continues to operate to its full force and effect.

In consideration of SingleTrack Events accepting Your application for entry to the Event, You to the extent permitted by law:

A) Release SingleTrack Events from all Claims that You have or may have had but for this release arising from or in connection with Your participation in the Event; and

B) Indemnify SingleTrack Events and will keep SingleTrack Events indemnified in respect of any Claim by any person including another participant in the Event arising as a result of or in connection with Your participation in the Event.

The Ambulance service is not a free service in Victoria. It’s your responsibility to check your health cover and ensure you are covered for ambulance cover in the case of an emergency.

To arrange cover with Ambulance Victoria, visit ambulance.vic.gov.au