The following terms and conditions of entry apply to all persons entering, attending or participating in any Transmoto Enduro Event (“Event”) organised by, for, or on behalf of 3CMG Pty Ltd ABN 78 142 639 549 (“3CMG”).
TRANSMOTO EVENTS – TERMS AND CONDITIONS OF ENTRY
You acknowledge that you have read and agreed to these terms and conditions before purchasing entry to the Event.
Additional Event specific conditions may also apply as referred to in the Event registration or promotional material.
NOTE:A FULL EVENT DISCLAIMER WILL BE FORWARDED VIA EMAIL, MADE AVAILABLE FOR COMPLETION VIA DIGITAL SIGNATURE, OR PROVIDED TO YOU AT THE EVENT AS PART OF THE ENTRY CONFIRMATION. THIS DISCLAIMER MUST BE SIGNED BY ALL RIDERS, OFFICIALS AND MEDIA PARTICIPATING IN THE EVENT.
These terms and conditions, the Event disclaimer and any Event specific conditions referred to in the Event registration or promotional material, together form your agreement with 3CMG in connection with the Event.
CODE OF BEHAVIOUR
By entering, attending or participating in the Event you agree to abide by the following codes of behaviour:
Be aware of and act within the rules and spirit of motorcycle sport.
Promote fair play over winning at any cost.
Treat each person as an individual.
Show respect and courtesy to all involved with the sport.
Respect the rights and worth of every person, regardless of their age, race, gender, ability, cultural background, sexuality or religion.
Respect the decisions of officials, coaches and administrators.
Display appropriate and responsible behaviour in all interactions.
Display responsible behaviour in relation to alcohol.
Do not engage in any illegal drug use.
Act with integrity and objectivity, and accept responsibility for your decisions and actions.
Ensure your decisions and actions contribute to a safe environment and harassment-free environment.
Do not tolerate abusive, bullying or threatening behaviour.
DISCLAIMER EXCLUSION OF LIABILITY, RELEASE AND ASSUMPTION OF RISK
In consideration for being able to attend or participate in the Event, you agree:
that you are 16 years of age or older on or before the date of the event;
that you attend or participate in the Event at your own risk;
to release 3CMG and its related and associated entities, and any promoters, media partners, sponsor organisations, land owners and lessees, organisers of the event, their respective officials, representatives, employees, officers and agents (collectively, the “Released Parties”) from all liability in connection with the Event, including for your death, personal injury (including burns), illness, disease, psychological trauma, or other loss or damage (including property damage) (“harm”) howsoever arising from your participation in or attendance at the Event (including harm arising from the negligence of the Released Parties), except to the extent prohibited by law;
that 3CMG and the Released Parties do not make any warranty, implied or express, that any services provided at the Event will be provided with due care or skill or that any materials or property provided in connection with the Event will be fit for the purpose for which they are supplied; and
that 3CMG and the Released Parties will not be responsible for assessing your suitability, skill, ability or any other capacity to participate in or attend the Event.
***COVID-19 SPECIAL CONDITION*** You acknowledge that the novel coronavirus (COVID-19) pandemic continues to impact Australia, which may include the Event and the Event location. You acknowledge that there is a risk that you, and/or other Event participants, may contract COVID-19 at the Event. You warrant, as at the date you agree to these terms and conditions of entry and as at the commencement of the Event, that you have no symptoms or signs of respiratory illness (including coughing, fever, sore throat, lack of smell or breathing difficulty) and to the best of your knowledge you have not contracted the COVID-19 virus. You also acknowledge that: (i) you have not visited Victoria or a known active COVID-19 case location in NSW (see NSW Government website for latest active case locations HERE) or any other State or Territory in the past 14 days; (ii) you will not visit Victoria or knowingly visit any active COVID-19 case location in NSW or any other State or Territory before the Event; (iii) you have not knowingly been in close contact with any person who has contracted COVID-19 in the past 14 days; and (iv) you will not knowingly be in close contact with any person who has contracted COVID-19 before the Event. You will immediately notify 3CMG if you develop any of these symptoms or otherwise become unwell either at the Event, or within 14 days before the Event, or within 14 days after the Event. You will comply with all safety directions and instructions given by 3CMG and its personnel.
3CMG acknowledges that each release or exclusion of liability or warranty in these terms and conditions is subject to any law which forbids that release or exclusion, including the Australian Consumer Law (which is part of the Competition and Consumer Act 2010 (Cth)) and any State or Territory fair trading legislation. 3CMG agrees that each release or exclusion of liability or warranty in these terms and conditions is amended to the extent that any right under the Australian Consumer Law or State or Territory fair trading legislation cannot be excluded.
Unless stated otherwise in writing by 3CMG, your participation in or attendance at the Event is not covered by any insurance policy maintained by 3CMG or any policy other than the policy that you have taken out for yourself.
You accept the conditions of, and acknowledge the risks arising from, attending or participating in the Event and being provided with the Event services by 3CMG and the Released Parties.
GENERAL RISK WARNING
You acknowledge that motor sport is an inherently DANGEROUS recreational activity and that regardless of the precautions which you might take, you are exposed to significant risk of property damage, physical harm, disability or death.
If you do not wish to be exposed to such risks, then you should not participate in the Event.
You acknowledge that the risks associated with attending or participating in the Event include, without limitation, the risk that you may suffer harm as a result of:
People, motorcycles, motor vehicles, equipment or property (or parts of them) colliding with other persons, motorcycles, motor vehicles, equipment or property;
Others participants acting dangerously or with lack of skills;
High levels of noise exposure;
Acts of violence and other harmful acts (whether intentional or inadvertent) committed by persons attending or participating in the Event; and
The failure or unsuitability of facilities (including any temporary structures, fences, guard rails, servicing areas and safety equipment) to ensure the safety of persons or property at the Event.
3CMG reserves the right at its discretion for any reason and without prior notice to reschedule or cancel the Event.
Your registration will be valid for any rescheduled Event, unless 3CMG notifies you otherwise. For the avoidance of doubt your inability to attend any rescheduled Event will not entitle you to any refund. 3CMG’s refund policy is set out below in these terms and conditions.
Circumstances that may see the event cancelled or rescheduled include, but are not limited to, acts of god, pandemic (including COVID-19), fire, storm, rain, floods, safety conditions, unsuitability of conditions at the race venue and any other circumstance outside of the control of 3CMG.
You are entitled to a 50% refund if, through injury, illness or unforeseen circumstances, you withdraw more than one week (7 days) before the event. You must notify 3CMG of such withdrawal and 3CMG may require that you show reasonable information or evidence of your injury, illness or circumstances.
If you withdraw less than one week (7 days) from the Event, you will forfeit 100% of your entry fee.
Incorrect purchases or change of mind are NOT guaranteed a refund and are at the discretion of 3CMG.
Cancellation prior to the Event – 3CMG may refund your registration fee or give you a credit note or voucher for a future event if the Event is cancelled before you enter the Event Venue.
Early completion or cancellation during the Event – You acknowledge that one of the risks associated with attending or participating in the Event is that racing could be stopped before the scheduled completion time and/or you may be required to leave the Event Venue before the scheduled completion time, as determined by 3CMG at its sole discretion. Without limitation, this could occur if riding conditions become too dangerous during the race (for example, due to dust, rain, serious injury, illness or death) or if 3CMG is required to stop the Event for reasons outside of its control (for example, due to any Government rule or order relating to COVID-19). In these circumstances, you may not be entitled to a refund.
3CMG accepts no responsibility or liability for any other additional costs incurred by you in relation to any Event that is cancelled. Any payment to you for any cancellation of an Event is limited to a maximum of the amount paid by you to 3CMG in relation to the relevant Event.
3CMG reserves all rights to:
Refuse any entry, admission or participation in the Event at its sole discretion, with or without cause, including if any persons: (i) are deemed to be intoxicated and/or disorderly; (ii) register a temperature above 37.5 degrees celsius; (iii) are not authorised to attend the Event; (iv) have visited a known COVID-19 case location within 14 days before the Event; or (v) attempt to bring any restricted or prohibited items into the Event Venue;
Amend or modify the terms and conditions of entry, admission or participation in the Event or any competition rules;
Re-schedule, alter, postpone or cancel the Event or any part of it; and
Disclaim all liability, to the fullest extent legally permissible, for any loss, damage, injury or claim arising from or in connection with the entry, promotion, attendance or participation in the Event.
3CMG reserves the right for it or any Released Party at the venue for the Event (“Event Venue”) to inspect and / or search bags, motor vehicles and motorcycles brought into or out of the Event Venue. You must provide all reasonable assistance to enable such searches or inspections.
3CMG reserves the right to temperature check any participant, contractor, staff member or spectator entering the Event and to refuse entry to the Event based on registering a temperature over 37.5 degrees Celsius.
Persons gaining unauthorised access to the Event Venue will be evicted and may be liable for prosecution.
Persons who use offensive or threatening language, cause a disturbance or refuse to comply with requests made by the Event Venue staff will be evicted.
Children must be supervised by a responsible adult or guardian at all times and children are not permitted in Pit areas or on Track.
Closed-toe footwear must be worn during Scrutineering and in the Pit Area at all times on race day (Sunday).
Persons bringing personal items into the Event Venue do so at their own risk and the Event Venue will not be held responsible for any damage to, loss or theft of personal property.
Any unauthorised commercial activity including ticket selling, soliciting, customer surveying, or attaching advertisements is not permitted.
Any unauthorised capturing of images for commercial use or broadcast in any format is not permitted.
Use of rope, bunting, poles, temporary fencing, tarpaulin, paint, or any other materials to create segregated or reserved viewing areas is strictly prohibited. The Event Venue may remove all such materials at their discretion (including at the conclusion of each day of the Event). Any property left unattended at the conclusion of each day will be deemed abandoned and forfeited to the Event Venue.
RESTRICTED / PROHIBITED ITEMS
The following items are not permissible (unless approved by 3CMG in pre Event documentation) in the Event Venue:
Glass or breakable containers;
Alcoholic beverages during Sunday racing;
Flares, fireworks, laser pointers, firearms, dangerous weapons or any device that has the potential to cause injury or public nuisance;
Open fires (unless approved by 3CMG);
Spray cans or compressed air canisters;
All animals except guiding or assistance animals;
Skateboards and roller blades;
Recording devices for commercial purposes;
Platforms, structures or materials to be used to erect platforms or other viewing platforms;
Commercial, political or offensive clothing, banners, logos or signage;
Outlaw motorcycle or crime gang colours;
Any items or goods for public sale.
FOOD AND BEVERAGE
You are permitted to bring the following items into the Event Venue:
Pre-packaged food such as sandwiches, fruit, biscuits, crisps, etc. for individual consumption;
Unopened non-alcoholic beverages for individual consumption;
Unopened alcoholic beverages for individual consumption (provided that alcoholic beverages are permitted by 3CMG in pre Event documentation).
NO SMOKING POLICY
For the comfort of all within the Event Venue, a no-smoking policy is in place for all pit and race areas, seated, thoroughfare, concourse areas and all buildings and public conveniences. 3CMG reserves the right to designate smoking areas.
All persons entering an Event Venue that is a venue that is licensed under liquor licensing legislation are advised that:
Intoxicated persons will not be permitted to enter;
Persons in possession of liquor will not be permitted to enter;
Checking procedures will apply to prevent persons possessing liquor from entering;
Intoxicated persons will be removed from the premises;
It is an offence for minors to purchase and consume liquor;
It is an offence to purchase liquor for (or supply liquor to) minors;
Persons supplying liquor to minors will be reported to the Police and penalties apply under liquor licensing legislation; and
Persons under 25 years of age may need to show valid ID as proof of age for purchase and consumption of liquor.
RESPONSIBLE SERVICE OF ALCOHOL
The Event Venue supports the responsible service of alcohol. You agree to follow the directions of 3CMG in relation to the consumption of alcohol to ensure a safe environment. 3CMG reserves the right to refuse entry or evict intoxicated persons.
IMAGES AND RECORDINGS
You acknowledge that you may be photographed and/or filmed at the Event. 3CMG, the Released Parties and third parties authorised by 3CMG may create, record, transmit, reproduce and use visual and audio-visual footage (“Recordings”) and still images (“Images”) of you at or in relation to the Event.
You grant 3CMG, the Released Parties and third parties authorised by 3CMG permission to use Recordings and Images in any media, worldwide and for any purpose without identification, compensation or payment of any kind. If you do not wish to be photographed or filmed for these purposes, you must advise 3CMG.
3CMG collects personal information (within the meaning of Australian privacy legislation) about you which is necessary for it to operate the Event and to help promote the Event and other Transmoto or similar events.
3CMG may collect your name, address, email address and phone number for the purposes of arrangements at the Event and to conduct research, marketing and promotional activities in relation to the Event and such other subsequent events.
Unless you advise 3CMG otherwise, you consent to receiving future promotional and marketing material from 3CMG and its sponsors and partners, including news, offers, products and services you might be interested in, by any medium, including telephone, email, mail, SMS or online marketing.
Information about how to contact us, access or correct the personal information that we hold about you, or complain, can be found here.
Version: 22 July 2020
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Transmoto has always focused on staging non-elite, team-based dirt-bike events that encourage participation through their relaxed atmosphere, custom-built courses and emphasis on fun, not officialdom.
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