In consideration of KidzFix Rally Pty Ltd in trust for KidzFix Foundation (Kidzfix) permitting the Participant to take part in the Event in any capacity, the Participant hereby acknowledges and agrees:
1. Definitions:
a. “KidzFix” means KidzFix Rally Pty Ltd in trust for KidzFix Foundation and includes each of its employees and directors.
b. “Event” and “Kidzfix Event” means the KidzFix Rally for 2024 organized, managed and administrated by Kidzfix
2. To be bound by these Conditions of Entry and that she/he has had sufficient opportunity to read and understand these Conditions of Entry.
3. Participation in a KidzFix Event is a potentially hazardous event to those taking part and the Participant does so at her/his own risk.
4. To abide by the KidzFix Code of Conduct namely to:
a) Act honestly and in good faith at all times in the interests of KidzFix and its stakeholders.
b) Behave in a lawful manner complying with all State, Territory and Australian Law.
c) Ensure the Participant does not drive under the influence of alcohol (in excess of KidzFix enforces, Blood Alcohol Level of 0.02) or any drugs.
d) Advise the Participant’s team members of any pre-existing medical conditions prior to the event in order for them to inform medical assistance should it be required.
e) Conduct themselves in an environment free from discrimination and harassment.
f) Avoid conflicts of interests.
g) Treat all Entrants and Officials with dignity, trust and respect.
h) Recognise that it is solely the role of the Event Manager and Officials to instruct Entrants.
i) Refrain from entering into any discussion or correspondence that could be construed as derogatory or defamatory towards KidzFix, the Event or rally, Foundation, Entrants, Officials and Committee Members.
j) Enthusiastically support KidzFix Foundation’s aims, objectives and vision, and ensure at all times that my conduct will not negatively impact or denigrate KidzFix.
k) Abide by any decisions made by the Event Manager or Road Manager regarding unacceptable behaviour by any participant and subsequent request to leave the event.
l) Temporary Mechanical Repairs:
i. I acknowledge that temporary repairs may be carried out on my vehicle during the course of the 2024 KidzFix Event. I understand that these repairs will be carried out to the best of the ability of the mobile workshops.
ii. I agree that these are considered temporary repairs only. Neither KidzFix nor the mobile workshop crew involved takes any responsibility for the emergency repair.
iii. It is my responsibility to have emergency repairs checked by a qualified mechanic at either the first town from where the repair took place or at the first reasonable opportunity.
5. To comply with the Working with Children Check Policy and obtain a Working with Children Check in accordance with the said Policy.
6. To pay all entry fees and other charges imposed by KidzFix upon the Participant for the Event and agree these are non-refundable.
7. To ensure a comprehensive motor vehicle insurance policy and/or a third party property damage insurance policy is taken out and maintained for the Participant’s vehicle including adequate cover for the Event, and the Participant must not do or suffer to be done anything which would enable an insurer to avoid or deny a claim under any such policy.
8. Information about the Participant, including images, data and photographs, taken or recorded by Kidzfix and or other participants in, for or during the Event being:
a. used or published in promotional material for Kidzfix including on its website;
b. disclosed to any third party (including law enforcement bodies, person involved in relevant legal or disciplinary actions) to the extent KidzFix deems such disclosure to be necessary or appropriate so as to protect Kidzfix lawful interests.
9. To release and hold harmless Kidzfix from any claim for loss and or damage or Personal Injury the Participant may suffer from participation in the Event howsoever arising and or as a result of any act, action, default, omission or negligence by KidzFix. “Personal Injury” means bodily injury and includes mental and nervous shock and death.
10. To indemnify Kidzfix against any claims, demands, liabilities, loss and or damage suffered by it, by reason of any act, action, default, omission or negligence howsoever arising or caused by the Participant during the Event.
a. This indemnity operates according to its terms and shall not be read down nor shall the indemnity be affected or altered in any manner, term or condition notwithstanding that the Participant may have been induced to participate in the Event by representations made by or on behalf of KidzFix.
b. This indemnity shall be governed by and construed in accordance with the law of New South Wales being the State of incorporation of KidzFix.
11. To comply with all laws in force for the time being.
12. Kidzfix reserves the right and may at its sole discretion, evict or suspend a Participant from the Event for a breach of these Conditions of Entry or any other reasons deemed appropriate or necessary to protect the safety of other participants or to preserve the integrity of the Event or Kidzfix.
13. Kidzfix will not be liable to any Participant for loss or damage (including indirect or consequential damage) suffered as a result of or arising from or in any way connected to cancellation, postponement or change to the Event (or any part of the Event).
14. If part or all of any clause of these Conditions are illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Conditions and the remaining provisions will continue to apply.
15. These Terms are governed by the laws in force from time to time in New South Wales.
I, the Participant, have read and agree to the above Conditions of Entry for the 2024 KidzFix Event.