Neo Cycling Club

Neo Cycling Club Inc. – Event Membership Terms & Conditions

THIS IS AN IMPORTANT DOCUMENT AND YOU SHOULD READ IT CAREFULLY BEFORE SIGNING IT. UPON SIGNING THIS MEMBERSHIP APPLICATION FORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

YOU COVENANT AND WARRANT THAT YOU ARE EITHER 18 YEARS OF AGE OR OLDER OR THAT YOU HAVE AGREED TO THESE TERMS AND CONDITIONS AS THE PARENT OR LEGAL GUARDIAN OF AN APPLICANT UNDER 18 YEARS OF AGE.

NOTE IF THE APPLICANT IS UNDER 18 YEARS OF AGE THESE TERMS AND CONDITIONS MUST BE AGREED BY THE APPLICANT’S PARENT OR GUARDIAN. IN CONSIDERATION OF MY APPLICATION FOR EVENT MEMBERSHIP BEING ACCEPTED I ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

Definitions In These Terms:

1. Neo Cycling Club means Neo Cycling Club Inc. (ABN: 96 736 228 793), its directors, officers, servants, agents, employees and members;
2. Claim means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence;
3. Cycling Activities means performing or participating in any capacity, including as an Event Member, in any authorised or recognised Neo Cycling Club activity.
4. Recreational services has the same meaning as per the relevant piece of Australia Consumer Law legislation. But, is generally defined as:

Recreational services are services that consist of participation in -

• sporting activity or similar leisure-time pursuit; or

• any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.

Event Membership

1. As Neo Cycling Club holds its own insurances, all persons involved in Neo Cycling Club’s Cycling Activities must be an Event Member regardless of any concurrent AusCycling membership a person may hold. A day Event Membership is available for the day of the event.
2. I agree that my Event Membership of Neo Cycling Club remains current only while the event membership fees, where applicable, are paid up. Event membership fees are due at the beginning of each cycling season, 1st October (track season) and 1st April (road season), or otherwise payable prior to or on the day of the event. No refund of event membership fees will be provided where a membership is ended during the season.
3. All Neo Cycling Club Event Members are required to adhere to the rules and regulations of Neo Cycling Club at all times, whilst participating in any authorised club activity.
4. All Neo Cycling Club Cycling Activities are drug and alcohol-free events.

Rules of membership and participation

5. I shall participate in cycling competitions or events in a fair and sporting manner. I shall submit to disciplinary measures taken against me and shall take any appeals and litigation only before the authorities provided for in the regulations of those bodies.

Risk Warning

6. I acknowledge that Cycling Activities are inherently dangerous and may involve risk. I recognise and understand that there are risks specifically associated with Cycling Activities which include, but are not limited to:

1. collisions and contact with other participants and road/track/trail users,
2. riding on roads/tracks/trails which are or may be closed or partially closed to traffic,
3. the remoteness of the areas in which a ride takes place,
4. sudden and unexpected changes in weather and road conditions
5. physical exertion and difficulties in evacuation if I become disabled and
6. riding on partially improved and unimproved trails and roads, as well as on naturally rugged terrain.

I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or my property being damaged. Prior to undertaking any Cycling Activities, I acknowledge that I have considered and am aware of all of the risks involved, including those risks associated with any health condition I may have.

7. By agreeing to these terms and conditions, I acknowledge, agree, and understand that participation in recreational services provided by Neo Cycling Club including Cycling Activities may involve risk. I agree and undertake any such risk voluntarily and at my own risk. I acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation.

Waiver

8. I acknowledge that it is possible for a supplier of recreational services or recreational activities to ask me to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010(Cth)) do not apply to me (or a person for whom or on whose behalf I am acquiring the services or activities).
9. I acknowledge that by agreeing to these terms and conditions, I will be agreeing that my rights (or the rights of a person for whom or on whose behalf I am acquiring the services) to sue the supplier of recreational services or recreational activities that I undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out in Schedule 1 to these terms and conditions.
10. To the extent of any liability arising, the liability of Neo Cycling Club will, at the discretion of Neo Cycling Club, 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 resupply of the services or payment of the cost of having the services supplied again.

Disclosure

11. I declare that I am medically and physically fit and able to participate in Cycling Activities. I acknowledge that I must, and I agree that I will, disclose any pre-existing medical or other condition that may affect the risk that either I or any other person will suffer injury, loss or damage prior to any Cycling Activities. If I am feeling unwell in any way I will not attend any Cycling Activity unless and until cleared to do so by a medical practitioner and if I do attend whilst feeling unwell I may be directed to leave the Activity and if so directed will leave immediately.
12. I acknowledge that Neo Cycling Club relies on information provided by me and that all such information is accurate and complete.
13. I agree to report any accidents, injuries, loss or damage I suffer during any Cycling Activities to the relevant Neo Cycling Club representative or event organiser, club official or coach before I leave any relevant venue.
14. I agree that Neo Cycling Club may in its absolute discretion deny me eligibility to race if it considers I am not medically, mentally and physically fit and able to participate (or continue to participate) in Cycling Activities without unreasonable risk to myself or others. Neo Cycling Club is in no way liable if it chooses not to exercise its discretion under this clause.
15. If a medical emergency occurs, I consent to the provision of any necessary medical treatment and will pay for any such medical treatment costs including transport by ambulance.

Health and safety

16. I understand and acknowledge the dangers associated with the consumption of alcohol or any mind- altering substance before or during any Cycling Activity. I accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance.
17. I agree to follow any rules set by Neo Cycling Club in connection with any Cycling Activities. In particular, I have been advised I need to wear an approved helmet and/or safety equipment as per technical regulations at all times during Cycling Activities. If I fail to comply with Neo Cycling Club's rules and/or directions, I will not be permitted to participate or to continue to participate in a relevant Cycling Activity and if I am excluded no refund will be given.
18. If I suffer any injury or illness, I agree that Neo Cycling Club may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.
19. If I suffer any injury or illness, I consent to Neo Cycling Club recording and storing an injury report and/or medical report electronically and that my acceptance of these terms and conditions constitutes my consent to such storage of an injury report and/or medical report.

Release and indemnity

20. In consideration of Neo Cycling Club accepting my membership application I, to the extent permitted by law:

1. release and will release Neo Cycling Club from all Claims that I may have or may have had but for this release arising from or in connection with my participation in Cycling Activities;
2. release and indemnify Neo Cycling Club against any Claim which may be made by me or on my behalf for or in respect of or arising out of my death whether caused by the negligence or breach of contract by Neo Cycling Club or in any other manner whatsoever; and
3. indemnify and will keep indemnified Neo Cycling Club to the extent permitted by law in respect of any Claim by any person:

1. arising as a result of or in connection with my membership or my participation in Cycling Activities;
2. against Neo Cycling Club in respect of any injury, loss or damage arising out of or in connection with my failure to comply with Neo Cycling Club's rules and/or directions; save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is directly caused or contributed to by the gross negligence of Neo Cycling Club.

Insurance

21. I understand that Neo Cycling Club has arranged some limited insurance coverage which may provide me with some protection for injury and loss that I may suffer during my participation in Cycling Activities. A summary of this cover can be found on the Neo Cycling Club website.

In relation to the limited insurance arranged by Neo Cycling Club, I acknowledge, understand and accept as follows:

1. that insurance taken out by Neo Cycling Club may not provide me with full indemnity for loss, damage or injury that I may suffer during my participation in the Cycling Activities, and that I may have to pay the excess if a claim is made on my behalf;
2. the limited insurance cover arranged by Neo Cycling Club does not provide cover for any damage to my bicycle/equipment or any of my other property (and any subsequent loss associated with that damage) that might be suffered during my participation in any Neo Cycling Club sanctioned race events;
3. the limited insurance cover arranged by Neo Cycling Club also does not provide cover for any damage that I may cause to another participant’s bicycle or any of their other property that might be suffered during my participation in any Neo Cycling Club sanctioned race events;
4. my own insurance arrangements are ultimately my responsibility and I will arrange any additional coverage (including but not limited to specific personal accident coverage and/or bike insurance coverage) at my own expense after considering Neo Cycling Club's insurance arrangements and my own circumstances;
5. Neo Cycling Club’s insurance coverage is not offered on a 24x7 basis and I acknowledge that it is limited to when I am performing or participating in any capacity, including as an Event Member, in any authorised or recognised Neo Cycling Club Cycling Activities, other than road riding activities, which are excluded from any insurance coverage; and
6. Neo Cycling Club may renew, vary or update its insurance policy and/or insurance provider during the period of my membership and that Neo Cycling Club reserves the right to amend, increase or decrease the level of benefits payable at any time and in its sole discretion.

Use of image

22. I acknowledge and consent to photographs and other electronic images being taken of me during my participation in any Cycling Activities. I acknowledge and agree that such photographs and electronic images are owned by Neo Cycling Club and that Neo Cycling Club or other third parties may use such photographs for promotional or other purposes without my further consent being required.

Privacy

23. I understand that the personal information I have provided in my membership application is necessary for the objects of Neo Cycling Club and is collected, used and disclosed in accordance with the Neo Cycling Club Privacy Policy (this policy can be found on the Neo Cycling Club website). Neo Cycling Club may use and disclose my personal information for the purposes of conducting and administering Cycling Activities, providing me with member services or promotional material, complying with legal obligations or otherwise in accordance with the Neo Cycling Club Privacy Policy. Neo Cycling Club may share my information with third parties such as:

1. affiliates and other organisations involved in Cycling Activities in Australia, including the UCI;
2. companies engaged by Neo Cycling Club to carry out functions and activities on their behalf including direct marketing;
3. government agencies; and
4. Neo Cycling Club's professional advisers, including their accountants, auditors, lawyers and insurers.

Except for the abovementioned purposes, I understand that my information is not generally disclosed to anyone outside Australia. I acknowledge that Neo Cycling Club’s Policies contains information about how I may access and request correction of my personal information held by Neo Cycling Club or make a complaint about the handling of my personal information, and provides information about how a complaint will be dealt with by Neo Cycling Club. I understand that my membership application may be rejected if the information is not provided. I understand that if I do not wish to receive promotional material from Neo Cycling Club's sponsors and third parties that I must advise Neo Cycling Club via email or telephone or via the specific opt-out procedures provided in the relevant communication.

Bar to proceedings

24. I acknowledge and agree that membership of Neo Cycling Club gives rise to a contract between me and Neo Cycling Club and that these terms and conditions form part of that contract. I further acknowledge and agree that I will not commence any proceedings against Neo Cycling Club until I have exhausted all avenues of appeal or inquiry available to me under Neo Cycling Club’s rules framework. Neo Cycling Club may plead this contract as a bar to proceedings now or in the future commenced by or on behalf of me or by any person claiming through me. I acknowledge that where I commence proceedings against Neo Cycling Club, I:

1. will commence those proceedings in the courts of the jurisdiction in which any incident occurs;
2. waive any right to object to the exercise of such jurisdiction;
3. will, where I seek to commence proceedings in another jurisdiction from where any incident occurs, consent (if required by Neo Cycling Club) to move those proceedings to the jurisdiction in which any incident occurs including consenting to any application made by Neo Cycling Club to remove the proceedings to the jurisdiction in which any incident occurs;
4. will pay the costs of any application made by Neo Cycling Club under paragraph 27(c) and will consent to any application for security of costs made at any time by Neo Cycling Club; and
5. consent to paying Neo Cycling Club's legal defence costs of the proceedings (on a solicitor client basis) where Neo Cycling Club successfully defends the proceedings.

Governing Law

25. The governing law of this agreement is the law of New South Wales (‘Jurisdiction’). I irrevocably and unconditionally consent and submit to the jurisdiction of the courts of the jurisdiction in which any incident occurs and waive any right to object to the exercise of such jurisdiction.

Entire Agreement

26. This agreement (and the documents to which it refers) constitutes the entire agreement between the parties and supersedes all other agreements, understandings, representations and negotiations in relation to Cycling Activities.
27. To the extent that any clause of this agreement is void or unenforceable it is severable and does not affect the remaining provisions of the agreement.

SCHEDULE 1

For recreational services or activities provided throughout Australia:

For recreational services to which the Australian Consumer Law (Commonwealth) applies: By signing this form, I agree that the liability of Neo Cycling Club in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any:

1. death;
2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
3. the contraction, aggravation or acceleration of a disease;
4. 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:
5. that is or may be harmful or disadvantageous to me or the community;
6. that may result in harm or disadvantage to me or the community, that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) resulting from the supply of recreational services or recreational activities; is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.

For recreational services or activities provided in NSW or WA:

For recreational services or recreational activities to which the Australian Consumer Law (New South Wales) and Australian Consumer Law (Western Australia), applies:

By signing this form, I agree that the liability of Neo Cycling Club in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and recreational activities (as that term is defined in the Civil Liability Act 2002 (NSW)) or Civil Liability Act 2002 (WA), as applicable) for any:

1. death;
2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
3. the contraction, aggravation or acceleration of a disease;
4. 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:

1. that is or may be harmful or disadvantageous to me or the community;
2. that may result in harm or disadvantage to me or the community, that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) resulting from the supply of recreational services or recreational activities; is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.

For recreational services or activities provided in Victoria:

For recreational services to which the Australian Consumer Law (Victoria) applies:

Warning under the Australian Consumer Law and Fair Trading Act 2012:

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the suppliers named on this form, Neo Cycling Club, are required to ensure that the recreational services supplied 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 the supplier; and
3. might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

Note: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 (Vic) and section 22(3)(b) of the Australian Consumer Law and

Fair Trading Act 2012 (Vic). Exclusion of rights under the Australian Consumer Law (Victoria): By signing this form, you agree that the liability of Neo Cycling Club for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012) that may be suffered by you (or a person from whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services is excluded.

For recreational services or activities provided in ACT, Queensland or Tasmania:

For recreational services to which the Australian Consumer Law (Australian Capital Territory), Australian Consumer Law (Queensland) or Australian Consumer Law (Tasmania) applies:

By signing this membership application form and declaration, I acknowledge that where I am 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. I acknowledge that these implied terms and rights and any liability of Neo Cycling Club flowing from them, are expressly excluded to the extent possible by law, by this membership application form and declaration. To the extent of any liability arising, the liability of Neo Cycling Club will, at the discretion of Neo Cycling Club, 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 resupply of the services or payment of the cost of having the services supplied again. For the avoidance of doubt, this exclusion does not exclude liability for recklessness as defined by any relevant law.

For recreational services or activities provided in South Australia:

For recreational services to which the Australian Consumer Law (South Australia) applies: Your rights: Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services including recreational services), there is:

1. statutory guarantee that those services will be rendered with due care and skill; and
2. statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
3. a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve(as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services). Excluding, restricting or modifying your rights: Under section 42 of the Fair Trading Act 1987(SA), the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer). If you sign this form, you will be agreeing to exclude, restrict or modify the supplier's liability with the result that compensation may not be payable if you or the third-party consumer suffer personal injury.

Important:

You do not have to agree to exclude, restrict or modify your rights by signing this form. The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form. Even if you sign this form, you may still have further legal rights against the supplier. A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights. A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.

Agreement to exclude, restrict or modify your rights:

I agree that the liability of Neo Cycling Club for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded.

Definitions:

Recreational services are services that consist of participation in -

• sporting activity or similar leisure-time pursuit; or

• any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.

Personal injury is bodily injury and includes mental and nervous shock and death.

Further information: Further information about your rights can be found at www.ocba.sa.gov.au

For recreational services or activities provided in Northern Territory:

For recreational services to which the Australian Consumer Law (Northern Territory) applies:

By signing this form, I agree that the provisions of Part 3.2, Division 1, subdivision B of the Australian Consumer Law (NT) do not apply to the services provided to me, and Neo Cycling Club incurs no liability with respect to death or personal injury for a failure to comply with a guarantee under that sub-division in relation to supply of these recreational services. By signing this document, I acknowledge that I have been made aware of the general effect of this exclusion, restriction or modification, have had a reasonable opportunity to consider whether or not to enter into this contract on that basis and have decided to enter into the contract.