These Terms and Conditions of Entry (“Entry Terms”) are designed to enable Melburn Roobaix 2024 on Sunday 30 June to run effectively. “The Organiser” refers to FYXO Pty Ltd . By registering to participate in the event, you (the “Rider”) accept and agree to be bound by these Entry Terms:
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (ACL)
Under the ACL, several statutory guarantees apply to the supply of certain goods and services.
These guarantees mean that the organiser of Melburn Roobaix is required to ensure that the recreational services it supplies to You:
- are rendered with due care and skill; and
- are reasonably fit for any purpose which You, either expressly or by implication, make known to Organiser; and
- might reasonably be expected to achieve any result You have made known to the Organiser.
Under section 22N of the ACL, the Organiser 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 the Organiser (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 the Organiser’s part. Gross negligence is defined in the Australian Consumer Law and Fair Trading Regulations 2012.
Registration is not considered to be complete until all required rider information is supplied and payment in full has been received.
A registration entry is for ONE person. Riders may not ride with others who have not registered for the event and a) forfeit any merchandise, prizes or giveaways associated with the event b) forfeit insurance coverage, if any, in the Ride for breach of conditions found within the Terms and Conditions acknowledgment c)The Organiser can 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.
The Rider warrants that he/she has prior experience and understands the demanding physical nature of the event. The Rider is not aware of any medical condition or impairment that will be detrimental to my health if I participate in this event. In the event that The Rider becomes aware of any medical condition or impairment, or otherwise sick or injured prior to the event, will withdraw from the event and understand that payment will not be reimbursed.
Ride entries will be available in person at the ‘Early Bird Registration” on Saturday 13 April 2024 from 8am to 12pm - location will be announced on melburnroobaix.co . Online entries will be available Friday 19 April 2024 via online at www.fyxo.co until sold out. No entries will be made available for participants at the event start location.
A registration entry is for ONE person. Riders may not ride with others who have not registered for the event and forfeits their insurance coverage if any in the Ride for breach of conditions found within the Terms and Conditions acknowledgment.
Age requirements
I am at least 18 years old and have read the conditions of entry for this event and understand the demanding physical nature of the event. If signing for a person under 18 years of age, I certify that I am the parent/guardian of the minor who will be participating on the day of the Event and will chaperone them on the day at all times. In consideration of the Event organiser accepting the minor’s application to participate in the Event, I agree to indemnify and shall keep indemnified the Organisers in respect of any losses they or any of them may suffer as a consequence of any claim/s by the minor and to the same extent as any other competitor indemnifies the Organisers pursuant to the above legal declaration. No participants under the age of 18 years on the day of the event will be permitted to ride, either unaccompanied or accompanied by a parent/guardian.
Ride communications will principally be made via email. The Rider should therefore provide a valid email address. If the Rider does not have access to an email address, the Rider will make every effort to read the latest information available about the event at www.melburnroobaix.co The Rider consents to receiving and reading all information that is made available on the FYXO and Melburn Roobaix website, in email newsletters and all other literature concerning the Ride.
The Rider consents to the publication and or use in any form of media whatsoever of their name, image, voice, statements or otherwise, before, during or after the event whether for advertising, promotion or otherwise, without payment or compensation.
The parent/guardian acknowledges and agrees that their Under Age Child/Minor may be photographed or filmed during the Ride and consents to the Organisers 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 the Organisers.
During the Ride, the Rider must comply with all traffic and road laws, all directions issued by the Police and all instructions given by the Organisers or any employees or officials representing the Organisers at the Ride. Failure to do so may result in the Rider being removed from the Ride and they will not receive a registration refund. The Rider must wear an Australian standard cycling helmet at all times during the Ride while riding a bicycle.
You acknowledge and agree that insurance is in place that may provide limited cover to You whilst participating in the Event. You understand that this insurance may not cover You for all injury, loss or damage sustained by You in participating in the Event and You acknowledge that FYXO does not make any representations about the suitability of the insurance. You also agree that You can, in Your own interests and at Your own expense, seek and obtain personal insurance over and above the cover provided by FYXO.
If, during the Ride, the Rider becomes ill or is injured, St.John’s Ambulance will be at the Event Village. If you are unable or do not feel fit to get there, you must contact the organiser who will endeavour to arrange medical transport, usually in an ambulance. Any medical transport will be at the Rider’s expense. All incidents must be reported to hello@fyxo.co within 48 hours. The Organisers recommend that Riders hold current ambulance service membership and health insurance to cover such costs.
The Ride is a self-supported ride and is NOT a closed course (free of vehicle traffic). The Rider is responsible for ensuring that his/her bicycle is properly serviced, roadworthy and suitable for the event. 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. We expect that riders will adequately cater to their nutritional requirements and physical welfare while undertaking the Ride.
You are fully responsible for the security of your personal possessions during the event including your bike and other valuable items and including items left in the H A Smith / Brunswick Velodrome. You agree that FYXO is not responsible or liable for the repair or replacement of any personal possessions whether lost, damaged, stolen or otherwise.
Should the event be canceled for any reason whatsoever, my entry fees will not be refunded and no liability of any kind whatsoever will attach to the organisers.
Organisers are under no obligation to refund monies or entry fees due to non-use, cancellation, failure to participate or dissatisfaction by the Rider. I agree that if I do not attend the event for whatever reason, I will not be entitled to any reimbursement of entry fees and forfeit any merchandise, prizes or giveaways associated with the event. Tickets are non-transferable and non-refundable.
The Ride will be held outdoors and may proceed notwithstanding poor weather conditions on the day of the Ride. The Organisers are 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.
Riders should wear the Melburn Roobaix Musette provided by the Organisers in the correct manner prior to commencing the Ride and continue to wear it for the duration of the Ride - particularly if they wish to benefit from the event inclusions. The Organisers reserve 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.
The Organisers collect, use, disclose and otherwise handle the Rider’s personal information in accordance with the terms of its Privacy Policy Statement found on www.melburnroobaix.co/privacypolicy All information remains the property of the Organisers.
I acknowledge that it is a condition of participating in this event that I do so at my own risk. I accept all risks and in consideration of my entry, I, my heirs, executors and administrators release and forever discharge the Organiser, their employees, members, promoters, volunteers, servants, agents and subcontractors, instrum entalities, and all voluntary community groups assisting with this event, all sponsors producers their agents and representatives, and any person or body, directly or indirectly associated with the event of all liabilities, claims, damages or costs which I may have against them arising out of, or in any way connected with my participation in the event. I understand this waiver includes claims based on negligence, action, or inaction of any of the above parties. This release continues forever and binds my heirs, successors, executors, personal representatives and assigns. I acknowledge that participating in this event may involve a real risk of serious injury or even death from various causes including but not limited to: over exertion, dehydration, and accidents with other participants, spectators or road users.
A registration entry is for ONE person. Riders may not ride with others who have not registered for the event and a) forfeit any merchandise, prizes or giveaways associated with the event b) forfeit their insurance coverage in the Ride for breach of conditions found within the Terms and Conditions acknowledgment c)The Organiser can 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.
If the Rider is a parent/Guardian of a person under 18 years (“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 Under Age Child’s safety and participation in the Ride. The Rider further agrees and undertakes to the Organisers for and on behalf of the Under Age Child that the release and indemnity apply with full force and effect to the Under Age Child and that the Rider and any spouse or defacto 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 being rendered inoperative, of no effect or being declared or ordered by a court of law as not applying to the Under Age Child.
I HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS AND CONDITIONS ABOVE. ALL ENTRANTS MUST AGREE TO THIS WAIVER TO PARTICIPATE IN THE EVENT.
