TERMS & CONDITIONS

HIGHLINE Mountain Biking PARK Indemnity Waiver

READ THIS DOCUMENT ("Waiver") FULLY AND CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. AGREEING TO THE TERMS OF THIS RELASE AND WAIVER AND SIGNING IT ARE A CONDITION OF ACCESS TO USING ATC AIRBAG, RAMPS AND FACILITY.

THE WAIVER COVERS IMPORTANT LEGAL MATTERS INCLUDING WITHOUT LIMITATION:
(i) ASSUMPTION OF ALL RISKS BY YOU,
(ii) CONSENT TO PARTICIPATE AND MEDICAL TREATMENT,
(iii) WAIVER OF LIABILITY & RELEASE OF ALL CLAIMS,
(iv) AN INDEMINITY BY YOU, and
(v) A NAME AND LIKENESS WAIVER.

For good and valuable consideration, receipt and the adequacy of which I hereby acknowledge I hereby confirm that I am over 18 years of age, have been given the opportunity to read (including the Additional Terms following and incorporated herein) this Release and Waiver (hereinafter "Waiver" ), ask questions and take legal advice on the same, if I wish (and which I am advised to do), and by my signature below, agree to all the terms of the Waiver. I fully understand that it is a legal and binding document and that I am giving up substantial legal rights, including my right (and the rights of my Successors (as hereafter defined) to sue or to make any claim for injuries or damages I might sustain while present in, on or around HIGHLINE Airbag, Ramps and Facility (as herein defined), I represent and warrant that I have the full right, power and authority to enter this Waiver and to make the waivers and grant the rights detailed in this Waiver. I acknowledge that I am signing this Waiver freely and voluntarily and intend by my signature to be a complete and unconditional acceptance of the terms of this Waiver to the greatest extent allowed by law.

PARENT OR GUARDIAN IF UNDER 18 YEARS OF AGE

As the parent of guardian of the minor participant who's name and signature appear above ("Minor"), I hereby confirm that I have read the Waiver and accept each and every provision of the Waiver on behalf of myself (as if a direct signatory to the Waiver), as well as on behalf of the Minor, intending that the Waiver be irrevocably binding upon me, upon the Minor, and upon each of my and the Minor's respective heirs, executors, administrations and assigns. I represent and warrant that I am at least eighteen (18) years of age, that I am the parent or legal guardian of the above Minor, and that I have the legal authority to enter into this Waiver and to bind the Minor. Without limiting and foregoing, I hereby agree to indemnify and hold the Released Parties (as defined in the Waiver) harmless from and against any and all liability, damage, cost or expense (including the costs and attorney's fees) occasioned by or arising out of any breach or alleged breach of the Waiver, or any claim, demand or action which is inconsistent with any warranty, representation, agreement or grant of rights made by Minor or assumed by me hereunder or under the Waiver, or any claim, demand or action resulting from or allegedly resulting from my of the Minor's presence at or participation in activities on, at or around HIGHLINE Airbag, Ramps and Facility and any claim, demand or action with respect to personal injuries, (including, without limitation, death) or damage to property, made for any reason (to the fullest extent of the law in the case of the same caused by negligence) in connection with my or the Minor's presence at or participation in such activities.

ADDITIONAL TERMS

1. DEFINITIONS.
The following terms have the following meanings and are incorporated as part of this Waiver:

1.1 The "Airbags” means the blow up inflatable known as an airbag.

1.2 The "Facility" means any and all structures located at the place of setup including without limitation launch ramp, airbag, mini-ramp, street course, and Vert ramp of any size and any structure or other device used for or in connection with a Airbag of any size or type.

1.3 The “Purposes" means using the HIIGHLINE Airbag, Ramps and Facility, being present of the Airbag, Ramps and Facility in any capacity, and undertaking or participating in any activity whatsoever whether of an athletic nature, action sports or otherwise at or on any part of the Airbag, Ramps and Facility.

1.4 The "Released Parties" means (i) the named corporations, the shareholders or members (as applicable), directors, officers, executives, agents, professional advisors, employees, independent contractors, volunteers and guests of any and each of the following: Xventure Pty Ltd, any subsidiary, affiliate, or company under common control with one or more of the previously named companies; (ii)the owners and/or occupiers of the land on whichthe Airbag, Ramps and Facility is located; (iii) any company who is a sponsor of the whole or a part of the Airbag, Ramps and Facility and/or any event taking place thereat; (iv) any person present at the Airbag, ramps and Facility in a capacity as a journalist, reporter or representative of the media and/or is shooting stills and/or moving pictures in any media; (v) any personnel (of any type or qualification (including none) who may interact with me in connection with medical matters in any capacity at the Airbags, Ramps and Facility; (vi) any person at the HIGHLINE Airbag, Ramps and Facility there to watch any event taking place thereat, any (vii) any other person who has signed a Waiver who is present at the HIGHLINE Airbag, Ramps and Facility.

1.5 The "Risks" means damage to property whether mine or that of others, and personal injury of any kind including without limitation paralysis, brain damage and death whether to myself or others, whether caused by me or others, however caused.

1.6 The “Ramps” means a structure made for mountain bike course for the person to ride on.

2. INSURANCE & MEDICAL EXPENSES.

I have been advised that it is my responsibility to have any insurance including, without limitation, medical, accidental disability and death coverage and liability insurances, that I may wish to have it or it is advisable to have in relation to my being using the Airbag, Ramps and Facility and in connection with the Purposes. I acknowledge that I am signing this Waiver on the understanding that the Released Parties and any other person using the Airbag, Ramps and Facility does not, and will not have, insurance that covers me in connection with my use of the Airbag, Ramps and Facility and my engagement in the Purposes and I am not relying on the existence of the same in my decision to use the Airbag, Ramps and Facility and engage in the Purposes at any time hereafter. Any insurance any Released Parties may have, shall in no way diminish my reliance on there being no insurance coverage applicable to me (or the adequacy of any such insurance to cover any losses or expenses of any kind that may be incurred by me or others) while I am using the Airbag, Ramps and Facility for the Purposes. The foregoing does not diminish the requirement of any party to have any insurance required by law. I understand and agree that I am responsible for securing and paying for my own medical insurance and shall be solely responsible for any medical costs and expenses (including insurance costs) incurred directly and/or indirectly by me as a result of using the Airbag, Ramps and Facility for any reason.

3. I AM RESPONSIBLE FOR MY FITNESS, SKILLS AND QUALIFICATIONS TO ENGAGE IN THE PURPOSES

OF USING THE HIGHLINE AIRBAG, RAMPS AND FACILITY. I am solely responsible for evaluating my physical fitness, mental fitness, technical skills and level of experience and competency in order to assess my suitability to engage in the Purposes of using the Airbag, Ramps and Facility. I waive any claim of any type against any person who may express an opinion on the same and do not place any reliance or attach any importance to such opinion whoever may be expressing the same. If I have any doubt whatsoever as to my capacity or suitability of any kind to undertake any activity using the Airbag, Ramps and Facility and/or for the Purposes I agree to cease such activity and/ or remove myself from using the Airbag, Ramps and Facility as I see fit in my sole discretion.

4. UNDERTAKING ATHLETIC ACTIVITY USING THE AIRBAGS AND RAMPS REQUIRES SPECIAL EQUIPMENT, EXTRAORDINARY SAFETY EQUIPMENT AND SPECIAL SKILLS AND TECHNIQUES.

HIGHLINE airbag, the Facility and ramp structures require special equipment, safety equipment configured in non-standard manners and an understanding and ability to deploy skills and techniques not required in riding other Airbags and Ramps or in different situations or structures. I acknowledge that I should NOT engage in athletic activity using the Airbag, Ramps and Facility using standard equipment configured in a manner suited to riding on different/less challenging structures and should familiarize myself to my own satisfaction as to the equipment, configuration of the same and the techniques required to engage in the Purposes using the Airbag, Ramps and Facility in a manner as safe as reasonably possible. I understand that as an athlete I am likely to sustain major impact forces and encounter serious friction along with other injuries when undertaking my sporting activities on the Airbags even without being involved in a meaningful fall or accident using the HIGHLINE Airbag, Ramps or Facility.

5. CONSENT TO EMERGENCY FIRST AID AND MEDICAL TREATMENT.

In connection with any injury I may sustain or illness or other medical conditions I may experience during my presence using the HIGHLINE Airbag, Ramps and Facility and/or engaging in the Purposes, I authorize any emergency first aid, medication, medical treatment or surgery deemed necessary by the attending personnel. I further authorize the attending personnel to execute on my behalf any permission forms, consents or other appropriate documents relating to medical attention and to act on my behalf if I am not able or immediately available to do so and the same is urgent in their sole discretion. I acknowledge and agree that emergency assistance and/or treatment may be rendered by persons with training or experience which may not be adequate for medical situation and/or the injuries sustained by me and waive any claim in respect thereof in accordance with section 10 following.

6. AGREEMENT TO FOLLOW DIRECTIONS & FACILITY RULES. I agree that while I am present using the HIGHLINE

Airbag, Ramps and Facility I will follow all rules and conditions governing my attendance as the same. I acknowledge that my agreement to the foregoing is a condition of me being granted permission to be present at the HIGHLINE Airbag, Ramps and Facility.

7. HAZARDS.

I agree that if I observe any unusual hazard during my presence of using the Airbag, Ramps and Facility I will immediately remove myself from such location and bring notice of such hazard to the immediate attention of HIGHLINE Mountain Biking. If I am to undertake any activity using the HIGHLINE Airbag, Ramps and Facility, I agree to carefully inspect and satisfy myself that the structure on which I am to undertake that the activity is reasonably safe for its intended use. If I have any doubts as to such safety and/or suitability, I agree not to participate in the activity on that structure and immediately remove myself from my perceived area of danger.

8. ASSUMPTION OF RISK.

I understand and appreciate that the risk of injury and damage to property that arises from using the Airbag, Ramps and Facility is significant and includes, without limitation, the risk of (1) minor injuries, such as scratches, bruises and sprains, (2) major injuries, such as joint and back injuries, broken bones, dislocated shoulders, heart attacks and concussions, and (3) catastrophic injuries including, without limitation, brain injury, paralysis and death. I understand and appreciate that while rules, equipment and personal discipline may reduce this risk, the risk of damage to my property and great personal injury to me at, around and on the Airbag and Ramps and in particular, the Facility whether caused by me or caused by others, still exists, is inherent in such activities, and cannot be eliminated regardless of the STAN AND OF care taken to avoid such injuries. I acknowledge that being present around, on or using the Airbag, Ramps and Facility can be a dangerous activity and that if I am a spectator or participant in the Purposes of using the Airbag, Ramps and Facility, I may be in danger of causing and or being subject to damage to property and serious personal injury or death. While being present at the HIGHLIBE Airbag, Ramps and Facility and engaging in the Purposes I wish to undertake such activities and do so of my own free will and voluntarily assume all risks, dangers and hazards including of damage to person and property, whether the risks, dangers or hazards are known or unknown, however they may arise (including through negligence) fully aware or otherwise of the risks, dangers and hazards.

9. WAIVER AND LIABILITY AND RELEASE OF CLAIMS.

I do hereby release, remise and discharge each of the Released Parties, and covenant not to sue any of the Released Parties for or in connection with, and waive any liability of the Released Parties for, any and all claims (including without limitation, the negligence of any of the Released Parties resulting in personal injury (including without limitation, death) accidents, illness and property loss, howsoever arising from or in connection with my presence using the Airbag, Ramps and the Facility and my engagement in the Purposes including without limitation in connection with any medical or other care I may or may not receive while present at HIGHLINE Airbag, Ramps and or Facility, any insurance or lack thereof and in connection with any other matter subject of this Waiver. I intend for this Waiver and release to also apply to any relatives, personal representatives, heirs, beneficiaries, and next of kin or assigns ("Successors") who might pursue any legal action or claim on my or their behalf. I understand by signing this document I am giving up my right (and the rights of my Successors) to sue any of the Released Parties in connection with the subject matter hereof.

10. NAME LIKENESS AND WAIVER.

I hereby give the Released Parties and parties deriving title under them the right to record my voice, person, actions, performances and likeness in an manner (not limited to by the means of photograph, video, film, audio-only recoding) in connection with Purposes and my presence using the Airbag, Ramps and Facilities in any location and at any time whether in athletic performance, training or so called on-camera or off-camera situations or otherwise. Xventure Pty Ltd and their successors, assigns and licensees shall be free to use the same in any and all manners whether now or hereafter known including for both commercial and promotional purposes, in perpetuity throughout the universe, provided that such use shall not be derogatory. Such use shall be without further reference or payment to me. The Released Parties, their successors, assigns and licensees shall be free to use my real (and professional, if applicable) name/nickname in connections therewith.

12. SAFETY RULES AND REGULATIONS.

I have read and understood all Safety rules and regulations of using the Airbag, Ramps and the Facility and understand that while using the Airbag, Ramps and Facility it will not completely protect myself from injury and I own full responsibility for my own actions.

- For use of Mountain Biking ONLY

- Wait at least 30 seconds until last user has exited the Airbag, Ramps or features.

- Remove stunt pegs and other accessories attached to your bike

- Listen and Follow instructions from HIGHLINE MTB member

13. SEVERABILITY & STATUS.

I agree that this Waiver is intended to be as broad and inclusive as is permitted by law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect. All prior negotiations, agreements, understandings and statements made between the parties hereto in connection with the subject matter hereof that have occurred prior to the execution of the Waiver in connection with the terms of this Waiver and superseded by and merged into this completely integrated Waiver. Other parties may require you to sign additional waiver, release and related documentation related to some or all of the subject matter of this Waiver. To the extent if any that the terms of this Waiver conflict with the terms of any additional documentation, the terms more favourable to the Released Parties will be deemed incorporated into the Waiver. I agree that the signature of by me of other documentation which may be not as favourable to the Released Parties as the terms contained in the Waiver shall in no way diminish the terms, scope and validity of this Waiver.

14. HEADINGS.

The paragraph headings of the Waiver are intended for convenience only and shall not be of any effect in construing the contents of this Waiver.

15. DURATION.

This Waiver shall govern my attendance using the HIGHLINE Airbag, Ramps and the Facility for this and future visits until (if ever) I execute a replacement waiver and release in favour of the Released Parties which subsequent waiver and release(s) shall govern my presence using the Airbag, Ramps and Facility and my activities of any kind thereat on a prospective basis.

By completing your event registration you agree to the terms and conditions outline in this waiver form.

Events Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement

In signing this form or by clicking a button on your computer screen indicating your acceptance of this Agreement you will waive or give up certain legal rights, including the right to sue or claim compensation following an accident. Please read the following carefully:

1. I am aware of the hazards involved and acknowledge with mountain bike riding and trail running there is always risk of injury, (including permanent injury, mental injury, paralysis and death) and damage to my property. These risks, dangers, and hazards include, but are not limited to, the following: loss of balance; difficulty or inability to control one’s speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration on hills and inclines; mechanical failure in equipment; sudden changes or variations in the riding surface including rocks, gravel, cliffs, trees, roots, stumps, logs, sticks, lakes, rivers and creeks, and man-made structures such as bridges, ramps, berms and jumps; changes in weather conditions; exposure to temperature extremes or inclement weather; travel or transport to and from the event sites; travel on highway and back country roads; encounters with wildlife including: kangaroos, wombats, snakes, wallabies, and echidnas, etc; collision with pedestrians, motor vehicles, and cyclists; and becoming lost or separated from the group.

2. I have been advised to wear protective equipment such as the Australian Approved bicycle helmet, gloves, eyewear and appropriate clothing for unpredictable weather conditions.

3. I acknowledge that I must make my own judgements on one’s ability to ride or run at a level that I am capable of riding. I certify that I am physically fit and have not been advised otherwise by a qualified medical person that I cannot participate in the event, and that I have been given the opportunity by the organiser to attend a pre-ride briefing session stating level of difficulty on the scheduled ride.

4. In consideration of being allowed to participate in the Event, I, (on my own behalf and on behalf of my executors, administrators, heirs, next of kin, successors and assigns,) agree to the following:

a) WAIVE, RELEASE AND DISCHARGE from any and all liability for death, disability, personal injury, property damage, property theft and all other risks, claims or actions of any kind (including breach of contract, acts of negligence to the fullest extent permitted by law) whatsoever and however occurring, together with any legal fees incurred as a result of any such claim whether it is valid or not, which I at any time had or have as a result of or in connection with, directly or indirectly, my participation in and my travelling to and from the Event the following person or entities: HIGHLINE, all State, Federal and Local Government authorities in which the Event may be staged and the owners, licensees or occupiers of any property upon which I enter and their (its) respective officers, directors, employees, independent contractors, sponsors, representatives, agents, members and volunteers, including medical and paramedical personal appointed for the event; and

b) INDEMNIFY AND HOLD HARMLESS the persons or entities mentioned in paragraph 4(a) from any and all liabilities, claims or actions (including negligence) whatever or however caused arising as a result of or in connection with, directly or indirectly, my participation in and travelling to and from the Event, including any claim by my support crew or any person assisting me or my team.

5. I acknowledge that I am responsible for my personal possessions and equipment during the event.

6. I accept the communications, search, rescue and medical aid arrangements put in place by the organisers. I understand and agree that in the first instance I am responsible for the provision of first aid to myself and those around me. As a participant, I am responsible for myself and the timely removal from the event area to a medical facility. I give my consent to receive any first aid and medical treatment which may be deemed advisable in the occurrence of an accident, injury and/or illness as a result of my involvement in the Event.

7. I certify that the medical information supplied by me on the entry form is true and I consent to and authorise that information to be provided to any medical practitioner, ambulance officer or any person involved or associated with any medical treatment or assistance that may be given to me as a result of my participation in the Event, regardless of whether the treatment is given.

8. I acknowledge that the Event arranged insurance covers public liability and not myself whilst participating in this event. I am responsible for my personal accident insurance and ambulance cover.

9. I acknowledge that HIGHLINE reserve the right to alter the scheduled course if conditions warrant. I agree that HIGHLINE reserve the right to cancel the Event due to extreme weather conditions, natural disaster, acts of God, terrorism, war or any other reason so deemed by the organisers, and that the Event will be re-scheduled and my entry fee will be non-refundable.

10. I agree that my entry fee will be non-refundable if I cancel my participation in the event 7 days prior to start date.

11. I agree to abide by the HIGHLINE event rules and directions of event organiser or tour guide, and I understand that my entry may be voided if through my actions or behaviour, in the opinion of HIGHLINE, I break any of the rules or I bring the event into disrepute. I further understand that Big Hill Events reserve the right to reject any entry without having to justify their actions.

12. I agree to allow my photograph, video, multimedia or film likeness and or name to be used for any legitimate purpose by HIGHLINE without payment or compensation.

I have read, understand, and accept all of the 'Terms and Conditions’ on this form.

AUSCYCLING TERMS AND CONDITIONS

THIS IS AN IMPORTANT DOCUMENT. YOU MUST READ IT CAREFULLY BEFORE YOU ACCEPT THE TERMS AND CONDITIONS THAT IT CONTAINS. BY COMPLETING YOUR REGISTRATION THROUGH THIS PORTAL, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

You hereby agree to be bound by these terms and conditions with AusCycling Limited (AC) and the persons named, jointly and severally, as the Providers in the definitions in clause 1 below. The Providers agree to permit you to undertake the Cycling Activities upon and subject to the following terms and conditions.

Introduction

1. In these Terms and Conditions:

(a) Claim means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with any Cycling Activities, but does not include:

(i) a claim against AC by any person expressly entitled to make a claim under an AC insurance policy; or

(ii) a claim against AC under any right expressly conferred by its Constitution or the Policies (as defined in the AC Constitution).

(b) Cycling Activities mean performing or participating in any capacity, including as a member, in any authorised or recognised AC activities, including all disciplines of cycling, including but not limited to competing in cycling events and other cycling activities, cycling training and related cycling activities.

(i) the Event Organiser (as defined in the portal) and its officers and employees; and

(ii) the staff (whether paid or volunteers) of AC and the Event Organiser.

2. The acceptance of these terms and conditions for your registration in the event, and acceptance by AC and the Providers of your application for registration, constitute an agreement between you and the Providers incorporating these terms and conditions.

3. Performance of the Providers’ obligations under these terms and conditions may be effected by any one or more of the Providers either jointly or severally.

Risk warning and waiver

4. Your participation in the Cycling Activities is inherently dangerous and may involve risk. There are risks specifically associated with participation in the Cycling Activities and accidents can and often do happen which may result in personal injury, death or property damage. These risks include, but are not limited to, the risks arising from or connected with the Prevailing Conditions referred to in clause 17 below. Prior to undertaking the Cycling Activities, you

should ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have. By accepting these terms and conditions, you acknowledge, agree, and understand that participation in the Cycling Activities provided by the Providers and AC may involve risk. You agree and undertake any such risk voluntarily and at your own risk. You acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with and for the purposes of the relevant legislation. This 'risk warning' is given by and on behalf of each of the entities, organisations and persons identified as the Providers in clause 1 above.

5. A supplier of recreational services or recreational activities can ask you 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 you (or a person for whom or on whose behalf you are acquiring the services or activities, or to whom the services or activities are supplied).

6. If you accept these terms and conditions, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services, or to whom the services are supplied) to sue the supplier because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.

7. For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies: By accepting these terms and conditions, you agree that the liability of AC and the Providers in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth)) for any:

(a) death;

(b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

(d) 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:

(i) that is or may be harmful or disadvantageous to you or the community;

(ii) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities,

is excluded and the application of any express or implied term or guarantee under the Australian Consumer Law that any services will be provided with due care and skill is hereby excluded.

8. The paragraph in Schedule 1 corresponding to the State/Territory in which the event takes place forms part of these terms and conditions as this paragraph 8 .

Release and indemnity

9. In consideration of AC accepting your event entry, you, to the extent permitted by law:

(a) release and forever discharge AC and the Providers from all Claims that you may have or may have had but for this release, but only where such Claims result from your death or personal injury, arising from or in connection with your participation in the event and or undertaking the Cycling Activities, whether caused by the negligence or breach of contract by AC or the Providers or in any other manner whatsoever; and

(b) release and indemnify AC and the Providers against any Claim which may be made by you or on your behalf for or in respect of or arising out of your death or personal injury whether caused by:

(i) the negligence or breach of contract by AC or the Providers or in any other manner whatsoever; or

(ii) any breach by you of the warranties given in clause 12 ,

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 caused or contributed to by the grossly negligent act or omission of AC and/or the Providers.

10. In consideration of AC accepting your event entry, you, to the extent permitted by law, release and forever discharge, and indemnify and will keep indemnified and hold harmless AC and the Providers in respect of any Claim by any person:

(a) arising as a result of or in connection with your event entry or undertaking the Cycling Activities, whether caused by the negligence or breach of contract by AC or the Providers or in any other manner whatsoever; and

(b) against AC and the Providers in respect of any injury, loss or damage arising out of or in connection with your failure to comply with AC’s or the Provider's rules and/or directions, whether caused by the negligence or breach of contract by AC or the Providers or in any other manner whatsoever; and

Insurance

11. You acknowledge and agree that the fee for undertaking the Cycling Activities and the fee for becoming a member of AC does not include personal accident insurance cover. You agree that you are responsible for your own personal accident, medical and/or life insurance and any and all expenses in the event of injury or death. AC and the Providers do offer personal accident insurance coverage for an additional fee should you choose to take up such limited AC personal accident insurance. If you consider it appropriate to take out such AC personal accident insurance, you acknowledge that before doing so you have taken into account such AC personal accident insurance cover and your own circumstances.

Disclosure of medical conditions

12. You warrant that you:

(a) are and must continue to be medically and physically fit and able to undertake and participate in the Cycling Activities;

(b) are not a danger to yourself or to the health and safety of others;

(d) are not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for you to take part in cycling including undertaking the Cycling Activities.

13. You acknowledge that you must, and you agree that you will, disclose any pre-existing medical or other condition that may affect the risk that either you or any other person will suffer injury, loss or damage. You acknowledge that AC and the Providers rely on information provided by you and that all such information is accurate and complete. You must inform The Provider if any such medical or other condition arises after you agree to these terms and conditions and prior to undertaking the Cycling Activities. You agree to report any accidents, injuries, loss or damage you suffer during any Cycling Activities to AC and the Providers before you leave any relevant venue. You acknowledge that if any of the warranties you make under clause 12 can no longer be made by you on the date you undertake the Cycling Activities, you must inform The Provider on arrival and before you participate in any Cycling Activity.

Safety and exclusion of applicant

14. You understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during your involvement in undertaking the Cycling Activities, and you accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance. You agree to follow any rules set by AC in connection with any Cycling Activities. If you fail to comply with AC's rules and/or directions, you will not be permitted to participate or to continue to participate in the Cycling Activities and no refund will be given. If you suffer any injury or illness, you agree that AC and/or the Providers may provide evacuation, first aid and/or medical treatment at your expense and that your acceptance of these terms and conditions constitutes your consent to such evacuation, first aid and/or medical treatment.

15. You warrant that you have not at any time been excluded from cycling by a medical practitioner or any person or entity including AC and its constituent Area Councils and Clubs. You acknowledge and agree that the Providers may demand a medical certificate or opinion as to your fitness from a qualified medical practitioner PRIOR to your undertaking the Cycling Activities. You acknowledge that if the warranty you make under this clause 15 can no longer be made by you on the date you undertake the Cycling Activities, you must inform The Provider on arrival and before you participate in any Cycling Activities.

16. Any person cycling, training to cycle or participating in any activity carried on by AC or organised by any of the Providers may only do so on the distinct understanding that they do so entirely at their own risk.

Prevailing conditions

17. You acknowledge and agree that:

(a) cycling and the Cycling Activities can and will be affected by the weather which may change without warning;

(b) there is often an element of the "luck of the prevailing conditions" when undertaking the Cycling Activities over which the Providers or any of them have no control; and

Bar to proceedings

18. The Providers (or any of them including AC) may plead these terms and conditions as a bar to proceedings now or in the future commenced by or on behalf of you or by any person claiming through you. Where you seek to commence proceedings against the Providers or any of them, you:

(a) will commence those proceedings in the courts of Victoria;

(b) waive any right to object to the exercise of such jurisdiction;

(c) will, where you seek to commence proceedings in another jurisdiction other than Victoria, consent (if required by the Providers or any of them) to move those proceedings to Victoria including consenting to any application made by the Providers or any of them to remove the proceedings to Victoria;

(d) will pay the costs of any application made by AC and/or the Providers or any of them under paragraph (c) above and will consent to any application for security of costs made at any time by the Providers or any of them; and

(e) consent to paying the Providers' legal defence costs of the proceedings (on a solicitor client basis) where the Providers successfully defend the proceedings.

Registration

19. You must meet the event entry eligibility and age requirements to participate in the event. AusCycling and the Event Organiser reserve the right, in their absolute discretion, to accept or reject an application for registration. If AusCycling or the Event Organiser decline an application, they need not give reasons for the decision and there is no appeal from such decision.

20. Registration places for the are limited in number and applications close at the date and time set by AusCycling and/or the Event Organiser. Registrations will not be accepted after the closing date above and will not be accepted on the day of the event, unless agreed by the Event Organiser.

21. You must provide your contact details and the contact details (including a valid Australian telephone number) for an emergency contact (e.g. next of kin) so that the Event Organiser can contact that person if you are involved in an emergency situation.

22. Full payment of the registration fee is required (i) to confirm your registration and (ii) before you can participate in the event. All prices are quoted in AUD per person and are inclusive of Goods and Services Tax (GST).

23. You must abide by, and with, all UCI, AusCycling, and the Event Organiser's rules and policies.

24. All information provided to you by AusCycling and the Event Organiser may be subject to change at any time in the absolute discretion of the Event Organiser.

25. All event related communication prior to the event will be made via email. You must provide a valid postal address and a valid email address at the time of registration. You must notify AusCycling of any change to your contact details by sending an email to membership@auscycling.org.au

26. By completing the registration process you agree to make yourself available for post-race ceremonies, awards and interviews for up to 30 minutes after the conclusion of the event.

Health and safety

27. You must wear appropriate protective clothing and safety equipment, including a helmet.

AusCycling and the Event Organiser reserve the right to ask you to cease participation and withdraw from the vent if you are unable to complete any part of the event within the prescribed time or cut-off limits.

28. AusCycling and the Event Organiser reserve the right to remove you or any persons from the event where they consider it necessary to do so for health and safety or for any other reason.

29. AusCycling and the Event Organiser reserve the right to alter, cancel or amend the event course due to an emergency, inclement weather, extreme heat or any other operational needs prevailing at the time. These decisions are always made in the interests of health and safety. It may be necessary to alter or amend event itineraries and other arrangements from those published.

Cancellation, transfer and refunds

30. All cancellations, transfers and refunds will be processed in line with the AusCycling Refund Policy available at www.auscycling.org.au .

31. Notwithstanding paragraph 30 , in the case of "Force Majeure", the Event Organiser may, at its absolute discretion, offer a partial or full refund to you. For the purposes of this paragraph 31 , "Force Majeure" means a circumstance, event or cause beyond the reasonable power and control of AusCycling or the Event Organiser, including (to the extent it is beyond the reasonable power and control of that party) acts of God, pandemic or epidemic, storm, tempest, fire, act of public enemies, civil commotion, strikes, lockouts, stoppages, restraint of labour or other similar acts, power or water shortage, or acts or omissions of any government or governmental authority.

32. You acknowledge that your registration is not transferable to any other person under any circumstances. Any attempt to transfer your registration or to allow another person to participate under your name may result in your registration being cancelled without refund. Such attempt to transfer may also invalidate the insurance coverage (if any) provided under clause 11 .

Use of image

33. You acknowledge and consent to photographs and electronic images being taken of you during your undertaking the Cycling Activities. You acknowledge and agree that such photographs and electronic images are owned by AC and/or the Providers and AC and/or the Providers may use the photographs for promotional or other purposes without your further consent being necessary.

Privacy

34. You understand that the personal information you have provided in your event entry application is necessary for the conduct and management of the Cycling Activities and for the administration of cycling in Australia generally, and that it is collected in accordance with AC Privacy Policy (available from www.auscycling.org.au ). You acknowledge that AC may use or disclose your personal information for the purposes of providing you with member and event services or promotional material or otherwise in accordance with the AC Privacy Policy. AC may share your information with third parties such as affiliates and other organisations involved in cycling in Australia; companies engaged by AC to carry out functions and activities on AC's behalf including direct marketing; AC's professional advisers, including AC's accountants, auditors and lawyers and AC's insurers; however, your information is not generally disclosed to anyone outside Australia. You understand that the AC Privacy Policy contains information about how you may access and request correction of your personal information held by AC or make a complaint about the handling of your personal information, and provides information about how a complaint will be dealt with by AC. You acknowledge that your event entry application may be rejected if the information is not provided. If you do not wish to receive promotional material from AC sponsors and third parties, you must advise AC in writing or via the opt-out procedures provided in the relevant communication.

Governing law

35. The governing law of this agreement is the law of the state of Victoria (Jurisdiction). You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of the Jurisdiction in which any incident occurs and waive any right to object to the exercise of such Jurisdiction.

Statement of understanding

36. You have read, or have had read to you the above conditions and having understood the same, you consent to the activities proposed.

Entire agreement

37. There terms and conditions (together with the AC Constitution and the Regulations) constitute the entire agreement between the parties in respect to the Cycling Activities and supersedes all other agreements, understandings and representations and negotiations with the Providers or any of them in relation to the Cycling Activities. 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.

PLEASE NOTE THE FOLLOWING:

38. If the Competition and Consumer Act 2010 or similar State laws operates so as to prevent the exclusion, restriction or modification of warranties otherwise implied by those laws, or the liability of the Providers for failing to comply with a

statutory guarantee under the Australian Consumer Law that services will be provided with due care and skill, then the liability of the Provider for breach of the warranties or for the failure to comply is limited to:

(a) the re-supply of the cycling instruction and related activities; or

(b) the payment of the cost of having the cycling and related activities supplied again.

1. SCHEDULE 1

1. 8. For recreational services to which the Australian Consumer Law (Australian Capital Territory) applies: By accepting this event entry application, 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 AC and the Providers flowing from them, are expressly excluded to the extent possible by law, by these terms and conditions. To the extent of any liability arising, the liability of AC and the Providers will, at the discretion of AC and the Providers, 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.

2. 8. For recreational services or recreational activities to which the Australian Consumer Law (New South Wales) applies: By accepting these terms and conditions, you agree that the liability of AC and the Providers 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)) for any:

3. 8. For recreational services to which the Australian Consumer Law (Northern Territory) applies: By accepting these terms and conditions, you agree that the provisions of Part 3.2, Division 1, sub-division B of the Australian Consumer Law (NT) do not apply to the services provided to you, and AC and the Providers incur no liability with respect to death or personal injury for a failure to comply with a

4. guarantee under that sub-division in relation to supply of these recreational services. By accepting this document, you acknowledge that you 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.

5. 8. For recreational services to which the Australian Consumer Law (Queensland) applies: By accepting these terms and conditions, 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 AC and the Providers flowing from them, are expressly excluded to the extent possible by law, by these terms and conditions. To the extent of any liability arising, the liability of AC and the Providers will, at the discretion of AC and the Providers, 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.

6. 8. 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 services1), there is:

7. 8. For recreational services to which the Australian Consumer Law (Tasmania) applies: By accepting these terms and conditions, 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 AC and the Providers flowing from them, are expressly excluded to the extent possible by law, by these terms and conditions. To the extent of any liability arising, the liability of AC and the Providers will, at the discretion of AC and the Providers, 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.

8. 8. 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 supplier named on these terms and conditions, AC and the Providers, are required to ensure that the recreational services it supplies to you:

9. 8. For recreational services or recreational activities to which the Australian Consumer Law (Western Australia) applies: By accepting these terms and conditions, you agree that the liability of AC and the Providers in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and recreational activities (as that term is defined in the Civil Liability Act 2002 (WA)) for any:

Australian Capital Territory

New South Wales

(a) death;

(b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

(d) 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:

(i) that is or may be harmful or disadvantageous to you or the community;

is excluded and the application of any express or implied term or any guarantee under the Australian Consumer Law that any services will be provided with due care and skill is hereby excluded.

Northern Territory

Queensland

South Australia

(a) statutory guarantee that those services will be rendered with due care and skill; and

(b) 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

(c) 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 accept these terms and conditions, 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 injury2.

Important: You do not have to agree to exclude, restrict or modify your rights by accepting these terms and conditions. The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting these terms and conditions. Even if you accept these terms and conditions, 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 AC and the Providers 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:

(a) Recreational services are services that consist of participation in -

(i) sporting activity or similar leisure-time pursuit; or

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

(b) 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 .

Tasmania

Victoria

(a) are rendered with due care and skill; and

(b) are reasonably fit for any purpose which you either expressly or by implication, make known to the supplier; and

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 accept these terms and conditions, 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 these terms and conditions.

Note: The change to your rights, as set out in these terms and conditions, 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 accepting these terms and conditions, you agree that the liability of AC and the Providers 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.

Western Australia

(a) death;

(b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

(d) 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:

(i) that is or may be harmful or disadvantageous to you or the community;

is excluded and the application of any express or implied term or any guarantee under the Australian Consumer Law that any services will be provided with due care and skill is hereby excluded.

By clicking I ACCEPT, I assert that I have read and agree with the above

I ACCEPT