Terms & Conditions and Waiver
Group Exercise Waiver and Release Form
RIDE TO LIFE – Corporate Fitness Challenge
Fab to be Fit Foundation Limited
I acknowledge that a Group Exercise Program is designed to improve my personal fitness by providing personalised and motivational attention by a qualified Group Instructor. I understand that there may be health risks associated with activities using physical exertion in a Group Exercise program. The health risks include, but are not limited to, transient dizziness, fainting, nausea, muscle cramping, musculoskeletal injury, sprains and strains, heart attack, stroke or sudden death.
If I experience any of these or any other symptoms whilst riding a Spin Bike during this RIDE TO LIFE event, I will discontinue the activity, notify the Group Instructor, and consult my physician.
I certify that I am capable of performing physical exercise and acknowledge that I am voluntarily participating in this RIDE TO LIFE ‘Spin-a-thon’ event. I am participating in the RIDE TO LIFE Fitness Challenge with knowledge of the dangers involved. I understand that I will be fully responsible for complying with any restrictions prescribed for me by my personal physician and that I agree to consult my personal physician for further evaluation and such medical care as I require. I acknowledge that my participation in the RIDE TO LIFE ‘Spin-a-thon’ event is at my sole risk.
I acknowledge that I have been advised to consult with my personal physician before participation in the RIDE TO LIFE ‘Spin-a-thon’ event. I have also been advised that if I refuse to consult my physician before participating in this event then I must ask for and sign a Release of Liability Form and sign a Refusal of Medical Consultation Form (registered attendees who have had a physical exam within the year will also need to sign this form). If recommended by your physician, you should consult with him/her on a regular basis. Neither Fab to be Fit Foundation Limited or the Group Spin Instructors will be responsible for monitoring your compliance with your physician's recommendations. Even consultation with your regular physician is in no way a guarantee against the possibility of adverse occurrences during the RIDE TO LIFE ‘Spin-a-thon’ event. In consideration for my voluntary participation in the RIDE TO LIFE ‘Spin-a-thon’ event, I, my family, heirs, executors, representatives, administrators, and assigns do hereby waive, release, and forever discharge the company known as Fab to be Fit Foundation Limited, and their respective managers/officers, directors, employees, and agents; and the assigned Group Spin Instructors, from any and all responsibilities, liabilities and lawsuits, present or future, and causes of action for ordinary negligence, whether foreseeable or unforeseeable, arising out of or related in any manner directly or indirectly, to my use of or access to the Fab to be Fit Foundation Limited RIDE TO LIFE ‘Spin-a-thon’ event and my participation in the said event.
This waiver includes but is not limited to such claims that may result from any injury, illness, or death, accidental or otherwise, during or arising in any way from my participation. I hereby agree to expressly assume and accept sole responsibility for the risk of injury or death so long as they are not the result of gross negligence by the company known as Fab to be Fit Foundation Limited and/or my Group Spin Instructors as part of the RIDE TO LIFE ‘Spin-a-thon’ event.
I certify that I have read the above Group Exercise Waiver and Release of Liability and have had any questions answered to my satisfaction.
Terms & Conditions for RIDE TO LIFE events
Including Virtual Events
To the fullest extent permissible under law, including the Australian Consumer Law (ACL) under Schedule 2 to the Competition and Consumer Act 2010 (Cth) these terms and conditions (Terms) govern all events (“RIDE TO LIFE” including any “Virtual RIDE TO LIFE Event”) run and operated by Fab to be Fit Foundation Limited (F2BF) ACN 624 690 633 and each person (“Attendee, Participant, You or Your”) who registers to participate in a RIDE TO LIFE Event or is invited by F2BF to attend a RIDE TO LIFE Event.
You acknowledge that you have read and agree to be bound by these Terms upon either submitting your registration to F2BF or attending or participating in a RIDE TO LIFE Event. If You intend participating in a RIDE TO LIFE Event and are under 18 years of age a parent or guardian must read these Terms and acknowledge and accept them on Your behalf.
These Terms and Conditions of Entry allow Fab to be Fit Foundation Limited (F2BF) ACN 624 690 633 to operate the RIDE TO LIFE Event. By registering to participate in the event you accept and agree to be bound by these entry terms.
AUTHORITY TO REGISTER AND/OR TO ACT AS AGENT
You represent and warrant to Fab to be Fit Foundation Limited (F2BF) that you have full legal authority and capacity to complete the registration for the Event, including this Agreement and Waiver, on behalf of yourself and/or, where applicable, any party for whom you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, “you” or “your” means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights. If the participant is under 18 a parent or guardian must read the Terms and Conditions and accept on their behalf.
- REGISTRATIONS
1.1 Your Registration is subject to acceptance by F2BF, which will be confirmed in writing (including but not limited to email) ("In Writing") after F2BF has received your fully completed Registration, the fee (if required) related to your registration ("Fee") and any required supporting documents. F2BF may in its absolute discretion for any reason refuse to accept your Registration.
1.2 F2BF’s preferred method of Registration is online. If you encounter difficulties with online Registrations, please contact us.
1.3 F2BF may provide offline Registrations via phone, email or mail. F2BF will use its best efforts to process offline Registrations within two (2) working days of receipt.
1.4 If F2BF has invited you to attend the RIDE TO LIFE Event without the need to Register and/or make any payment, You must provide your confirmation of attendance to F2BF within the time specified in the invitation (if any) in order for F2BF to register you for the RIDE TO LIFE Event.
1.5 The Fee for the RIDE TO LIFE Event is correct at the time of publication. F2BF reserves the right to change the Fee at any time but changes will not affect Registrations which have already been confirmed In Writing by F2BF.
- CANCELLATION AND REFUNDS
2.1 Your entry fees are not refundable if you change your mind or are no longer able to participate in a RIDE TO LIFE Event.
2.2 Fees will not be refunded if you are denied access or removed from a RIDE TO LIFE Event for any reason.
2.3 Any Registration entry is not transferable to another person or to a future RIDE TO LIFE Event without the express permission or consent of F2BF.
2.4 If You are inadvertently registered in an incorrect event (such as the Victorian event rather than New South Wales), F2BF will transfer your registration subject to availability. You will be required to pay any difference in fees and F2BF cannot change your event options within the week prior to RIDE TO LIFE Event starting.
2.5 All donations are non-refundable, including (but not limited to) in the event of cancellation, postponement or change of mind.
2.6 F2BF is unable to transfer any donation to another participant or other RIDE TO LIFE Event(s) (including future instalments of the same event).
- F2BF’S RIGHTS
3.1 F2BF reserves the right at any time to:
(a) change the format, participants, content, location and timing or any other aspect of a RIDE TO LIFE Event;
(b) postpone a RIDE TO LIFE Event or any part of a RIDE TO LIFE Event; or
(c) cancel a RIDE TO LIFE Event or any part of a RIDE TO LIFE Event, and will not be liable for any damages, costs, losses or expenses of any kind incurred or suffered by you as a result of or in relation to F2BF modifying, postponing or cancelling a RIDE TO LIFE Event or any part of a RIDE TO LIFE Event.
3.2 If a RIDE TO LIFE Event is cancelled or postponed by F2BF:
(a) for reasons that are beyond its reasonable control, F2BF may retain the Fee and will not be required to make any refund of the Fee; or
(b) for reasons other than as set out in clause 3.2(a), F2BF will refund the Fee minus any reasonable administration costs (as determined by F2BF)
- YOUR RIGHTS AND OBLIGATIONS AT A RIDE TO LIFE EVENT
4.1 F2BF reserves the right, without any liability, to refuse admission to, or to eject you from a RIDE TO LIFE Event, in its absolute discretion, including (without limitation), for failure to comply with these Terms or if in the opinion of F2BF, acting reasonably, you represent a security risk, nuisance or annoyance to the running of a RIDE TO LIFE Event.
4.2 You agree to comply with all reasonable instructions issued by F2BF or the operator of the venue for a RIDE TO LIFE Event.
4.3 All unauthorised photography and the recording or transmitting of audio or visual material, data or information is expressly prohibited at a RIDE TO LIFE Event and/or in or at a venue.
4.4 You acknowledge that you may be filmed, sound recorded and/or photographed by F2BF, the media or any other party at the Event and F2BF may use or approve the use of the film, sound recording and/or photograph for any purpose and in any way whatsoever.
4A VIRTUAL EVENTS
4A.1 Subject to these Terms and applicable law, you are and remain responsible for your own health and safety at all relevant times before, during and after any remote, off-site, online or virtual RIDE TO LIFE Event (“Virtual RIDE TO LIFE Event”).
4A.2 F2BF recommends informing friends and family of your intentions to participate and the details of any virtual route prior to participating in any Virtual RIDE TO LIFE Event and you agree to carry out all reasonable and necessary precautions in relation to your participating including but not limited to carrying a mobile phone and writing your emergency contact details down.
4A.3 For the avoidance of doubt, you acknowledge and agree that F2BF will not be providing the usual scope of health and support measures including but not limited to road closures, first aid, mobile repair units or safety support during any Virtual RIDE TO LIFE Event.
4A.4 You acknowledge and agree to maintain full responsibility to be aware of and adhere to any changes implemented around COVID-19 practices and restrictions in your local government area, relevant state or territory, and Australia wide via reputable websites such as the Australian Government website or contact the Coronavirus Health Information Line on 1800 020 080. (This line operates 24 hours a day, seven days a week.)
4A.5 You acknowledge and agree that you remain at all times responsible for selecting a virtual course that is safe and complies with your latest personal health advice as well as any broader advice or restrictions referred to in the preceding paragraph 14.A.3 in relation to any Virtual RIDE TO LIFE Event.
4A.6 In the likely event that indoor equipment is used to participate in any Virtual RIDE TO LIFE Event including but not limited to stationary bicycles, treadmills or similar, you agree to ensure that any and all equipment is in good working condition, fit-for-purpose, properly maintained and meets all relevant safety requirements under applicable law.
4A.7 You acknowledge and agree that subject at all times to these Terms and clause 6 below and applicable law, F2BF will not be liable for any injury, damage, loss or otherwise resulting from your participation in a Virtual RIDE TO LIFE Event.
- WELLBEING & SAFETY
5.1 All Participants are required to complete an entry form and pay the entry Fee.
5.2 Children under 18 must be accompanied by an adult for the duration of a RIDE TO LIFE Event.
5.3 You should seek medical advice to ensure you are fit to participate. It is your responsibility to have suitable food and any medication that you require with you at all times during a RIDE TO LIFE Event.
5.4 First aid will be available at all RIDE TO LIFE Events. Should you require ambulance transport to hospital it will be at your own expense.
5.5 You accept responsibility at all times for personal belongings during a RIDE TO LIFE Event. Valuable items should not be left without supervision, as F2BF will not accept for loss or damage of personal belongings.
5.6 F2BF requires all participants to comply with relevant state health orders in relation to the COVID-19 pandemic at the time of the RIDE TO LIFE Event, including but not limited to social distancing, wearing of masks and proof of vaccine. F2BF reserves the right to refuse entry to any participant not following state health guidelines.
- LIMITATIONS OF LIABILITY AND INDEMNITY
6.1 Relevant provisions of the ACL and other laws in force from time to time in Australia may impose guarantees, warranties, conditions and obligations on F2BF ("Consumer Guarantees"). If any of these Terms are inconsistent with a Consumer Guarantee, the Consumer Guarantee will apply to the extent of such inconsistency. To the extent permitted by law F2BF’s liability and your sole remedy will be limited to the refund of the Fee paid to CPA Australia. Subject to any applicable Consumer Guarantees, all guarantees, representations, conditions and warranties of any nature are expressly excluded.
6.2 Subject to any Consumer Guarantees and to the maximum extent permitted by applicable law, F2BF, its employees, agents and contractors will not be liable for personal injury or death, property damage, or any other loss (including without limitation, liability for negligence, breach of these Event Terms or any other agreement), damage, cost or expense (including, without limitation, loss of profits, business interruption, loss of information, indirect, special, punitive or consequential loss or damage) that you may incur or suffer arising out of or in connection with the Event.
6.3 You agree to fully indemnify and hold F2BF, its employees, agents, contractors and sub-contractors ("Representatives") harmless from any claim, cost, demand, liability or damage (including legal costs, professional costs and other expenses on a full indemnity basis) incurred by F2BF and/or its Representatives arising out of or in connection with a RIDE TO LIFE Event, including but not limited to: (1) a breach of these Event Terms; (2) your use of the venue or attendance at the Event; (3) any damage to the venue or any goods located at the venue; or (4) the infringement of any intellectual property or other right of any third party (including the venue) by you.
- MERCHANDISE
F2BF contracts various official merchandise providers for RIDE TO LIFE Events.
7.1 Returns Policy - There are no refunds or exchanges on merchandise/apparel orders if you have simply changed your mind or chosen the wrong size, as all garments are made to order and are not kept in stock. We have a quality guarantee on all our garments. If the quality of the garment you receive does not meet your expectations, we can repair it, replace it or give you a full refund at our discretion. Simply email us at info@fabtobefit.org.au and explain the nature of the defect and then send the item back to us within 7 days of receiving.
7.2 Delivery - All apparel pieces are custom made to order and are not kept in stock. From when you place your order until your garment is manufactured and ready for delivery, the process takes approximately six weeks.
All parcels are sent via Australia Post (with tracking provided). Parcels will be delivered during normal business hours and can be delivered to Australian PO Boxes. Goods delivered within Australia will take 5-10 business days, from when you receive a shipping confirmation email from us but can be subject to Australia Post delays for which we cannot be held responsible.
Fab to be Fit Foundation Limited and the contracted Merchandise Supplier(s) takes no responsibility for lost orders if incorrect address details have been provided. Please make sure your shipping details are correct at the time of order.
- TRAFFIC & ROAD LAWS
8.1 Participants must follow all traffic and road laws including directions by Police, State Road Authority, RIDE TO LIFE Event Traffic Management company, event staff and volunteers.
8.2 For cycling events the participant must wear a cycling helmet that conforms to Australian standards.
- INTELLECTUAL PROPERTY
9.1 All material on a RIDE TO LIFE Event website or related social media platform is protected by laws relating to intellectual property including but not limited to copyright, trademarks, designs, logos, signs and other properties unless otherwise noted and may not be used except as expressly permitted by the applicable and relevant website terms and conditions. You may not distribute, modify or re-use the contents of any RIDE TO LIFE Event website or social media platform for public or commercial purposes without the prior written permission of F2BF.
- PRIVACY AND ONLINE SECURITY
10.1 F2BF staff and volunteers understand and respect your right to Privacy and the confidentiality and security of personal information provided by you. F2BF will take all reasonable steps to ensure that your personal information is protected from misuse, loss, interference and unauthorised access, modification or disclosure. For further information on Privacy, how Fab to be Fit Foundation Limited protects your rights and manages personal, sensitive and health information in accordance with the Privacy Act 1988 (Cth) please follow this link: https://ridetolife.fabtobefit.org.au/event/ride-to-life/about
10.2 All financial information pertaining to customers of F2BF is stored securely in line with the Payment Card Industry Data Security Standards (PCI DSS), with no complete bank details retained. Wherever possible we use Westpac merchant facilities. In some situations we use the assistance of professional financial gateway specialists to assist with financial transactions, for further information on these companies please see their websites:
In these situations we also use the assistance of expert fundraising digital platforms (in line with PCI DSS) which also retain limited information in order to recognise you as a customer:
All information is retained securely for the period of time determined by law and disposed of in a secure manner.
- ACKNOWLEDGEMENT & WAIVER
11.1 You acknowledge that involvement in a RIDE TO LIFE Event is a potentially dangerous activity and that you participate at your own risk.
11.2 By entering a RIDE TO LIFE Event you consent to receiving and reading the information about the RIDE TO LIFE Event. RIDE TO LIFE Event communication will primarily be via email. Updated information will be posted on the RIDE TO LIFE Event website and through social media from time to time.
11.3 By entering the RIDE TO LIFE Event, F2BF commits to keep you informed about future opportunities to help children and young people suffering physical, mental & emotional disabilities causing obesity and other debilitating conditions. Occasionally we allow like-minded organisations to contact our supporters with fundraising materials. In return, they help us reach more generous Australians to support our cause. If you would like to change your communication preferences please contact us via email or phone.
- GENERAL
12.1 F2BF reserves the right to amend these Terms from time to time and you will be subject to the terms in force at the time F2BF registers you for a RIDE TO LIFE Event or you attend the Event, if you do not need to Register, whichever is applicable.
12.2 Any failure, delay or relaxation on the part of a party in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right or remedy.
12.3 If any provision of these Terms is invalid or not enforceable by a court of competent jurisdiction, the relevant term is to be read down and shall otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms
12.4 These Terms are governed by and are to be construed in accordance with the laws in force in New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and waives any objection that it may have that proceedings have been brought in an inconvenient forum.
TERMS AND CONDITIONS OPERATIVE FROM: 23 MAY 2022
