Terms and Conditions

PARTICIPANT AGREEMENT

It is necessary for each participant involved in the 2024 Property Industry Foundation Tour de PIF ('the Event') to read and sign this Participant Agreement which consists of the Conditions of Entry, Assumption of Risk and Statement of Waiver set out below.

Please note that participation in the Event will not be accepted without this signed Participant Agreement.

CONDITIONS OF ENTRY

For all Participants

1. Participants must be 18 years or older.
2. Participants must:
   • attend the safety briefing relevant to their participation in the Event;
   • abide by all instructions given by the traffic management and the Event Organisers; and
   • ensure at all times to adhere to traffic and road rules.
3. The Property Industry Foundation reserves the right to cancel aspects of, or the entire Event in circumstances that place Participants at risk, such as inclement weather. The Property Industry Foundation has complete discretion to cancel the Event. No refunds will be made in these circumstances.

For Cyclists

1. Cyclists must ride with a helmet at all times.
2. It is the cyclist’s responsibility to ensure that their bike is in safe mechanical order prior to riding in the Event.
3. It is the cyclist's responsibility to attend the formal safety briefing prior to the ride start on the day of the Event.
4. Important Note: The Property Industry Foundation has the authority to withdraw cyclists from the Event if their bike or equipment is determined by the Event Organisers as faulty or unsafe; however it remains at all times the responsibility of the cyclist to ensure that their equipment is in sound working order.

ASSUMPTION OF RISK

1. I have read the Conditions of Entry including the safety requirements for the Event and understand the demanding physical nature of the Event.
2. I have trained for the Event and I am not aware of any medical condition or impairment that will be detrimental to my health (or the health of the minor I am responsible for) if I (or the minor I am responsible for) participate in the Event. If I become aware of any medical condition or impairment to myself (or the minor I am responsible for) or am otherwise sick or injured prior to the Event, I (or the minor I am responsible for) will withdraw from the Event and notify the Event Organisers.
3. I acknowledge that I will choose the ride distance which suits my ability and fitness levels (or the ability and fitness levels of the minor I am responsible for).
4. I acknowledge that participating in the Event may involve a real risk of serious injury or even death from various causes including but not limited to: over exertion; dehydration; holes, rough and uneven ground; medical episode; and accidents with other participants, spectators or road users. I acknowledge that it is a condition of participating in the Event that I (and the minor I am responsible for) do so at my (or the minor I am responsible for) own risk.
5. Any guarantee implied by law into this Participant Agreement is expressly excluded to the extent permitted by law, including but not limited to:
   1. any guarantee that the services are provided with due care and skill which would otherwise be implied by virtue of section 60 of the Australian Consumer Law;
   2. any guarantee that the services are fit for a particular purpose which would otherwise be implied by section 61 of the Australian Consumer Law; and
   3. any guarantee that the services will be supplied within a reasonable time which would otherwise be implied by section 62 of the Australian Consumer Law (and any similar statutory warranties).

RELEASE AND INDEMNITY

1. I acknowledge that the Property Industry Foundation or the Event Organisers shall not be liable for any direct or indirect loss or damage to me (or the minor I am responsible for) caused by:
   1. death; or
   2. a physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or
   3. the contraction, aggravation or acceleration of a disease; or
   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 in relation to me (or the minor I am responsible for):
      1. that is or may be harmful or disadvantageous to me) or community;
      2. that may result in harm or disadvantage to me) or community, arising from the Property Industry Foundation’s failure to comply with the guarantees that would otherwise be implied by sections 60, 61 and 62 of the Australian Consumer Law.
2. In consideration of the Property Industry Foundation accepting my entry (in the Event, I hereby indemnify the Property Industry Foundation to the full extent permitted by law against all loss or damage howsoever arising, directly or indirectly, including all loss or damage arising from the Property Industry Foundation’s failure to comply with the guarantees that would otherwise be implied by sections 60, 61 and 62 of the Australian Consumer Law.

STATEMENT OF WAIVER

1. To the extent permitted by law, I hereby expressly waive all my rights (and the rights of the minor I am responsible for) to sue PIF in respect of death or personal injury arising as a result of participation or involvement in any activities provided by the Property Industry Foundation, including without limitation rights to sue the Property Industry Foundation or to recover damages, losses or expenses from PIF arising by virtue of sections 60, 61 and 62 of the Australian Consumer Law.

GENERAL ACKNOWLDGEMENTS

1. I will attend the formal safety briefing prior to the start of the Event, and acknowledge it is my responsibility to listen to and understand the directions given at this briefing.
2. I acknowledge that the Event organisers may exclude me from the Event should I fail to observe the road rules of VIC.
3. I agree that if the Event is cancelled for any reason including, but not limited to, inclement weather or intervention by a Government statutory authority, my entry fee shall be non-refundable.
4. I understand and acknowledge that I am responsible for my own safety (and accept the risks set out in paragraph 12.
5. I authorise and consent to the Property Industry Foundation or the Event Organiser's staff and representatives or other medial personal providing medical care or transporting me to a medical facility as considered reasonably necessary for my (or the minor's) health. I agree to pay all costs associated with medical treatment and transportation for medical treatment.
6. I am fully responsible for the security of my personal possessions at the Event and neither the Property Industry Foundation or the Event Organiser is responsible for the replacement of any personal possessions.
7. I consent to the use by the Property Industry Foundation of any photograph or image of me taken during the Event for marketing or promotional purposes. I understand that all ownership and copyright in the images will be owned by the Property Industry Foundation.

ACCEPTANCE

I have read and accept the Conditions of Entry, Assumption of Risk and the Statement Waiver above.

I confirm that the details entered below are true and are that of the individual (or the individual responsible for the minor) submitting this Waiver.

PRIVACY COLLECTION STATEMENT

The purpose of collecting your personal information (is to enable the Property Industry Foundation and the Event Organiser to process your application) as a Participant in the Event. Your personal information will not be disclosed to any other party or used in any other way.