Terms & Conditions
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 this form is required to ensure that the recreational services it supplies to you—
- are rendered with due care and skill; and
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the
Under section 22 of the Australian Consumer Law and Fair-Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, 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 provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, 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 and section 22(3)(b) of the Australian
Consumer Law and Fair-Trading Act 2012.
While not a motor sport event, off-road touring such as Kidney Kar Rally involves certain inherent risks and dangers. It can involve the risk of injury, death and damage to property, resulting from collisions with other vehicles, persons, animals and objects, as well as from mechanical failure. Kidney Kar Rally will at times take place in remote locations, where immediate medical assistance, vehicle towing and repair facilities, or mobile telephone coverage may not be available. We/I acknowledge that by our/my own conduct, this risk may be reduced, such as by not driving while fatigued, dehydrated or intoxicated, driving to the prevailing driver skill level, road, weather and light conditions, carrying an EPIRB, avoiding distractions and paying proper attention. However, we/I acknowledge that these risks cannot be completely eliminated and voluntarily accept these inherent risks in participating in Kidney Kar Rally.
To the extent that a breach of the statutory guarantees under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law by The Australian Kidney Foundation (ACN 008 464 426) trading as Kidney Health Australia, or any Kidney Kar Rally supplier, official, representative, sponsor, venue owner or venue occupier causes death or personal injury to us/me, we/I release them from any liability in relation to such death or personal injury.
To the extent of any claim that we/I may have against Kidney Health Australia, any of their directors, employees, contractors or volunteers, any Kidney Kar Rally volunteer, supplier, official, representative, sponsor, venue owner, venue occupier other than under the Australian Consumer Law, we/I release them from all liability arising from or contributed to by their act or omission, including negligence.
We/I warrant that the vehicle I/we have entered in the event is fully road registered, is in good working condition and is, at a minimum, covered by Third Party Property Damage Insurance. We/I also warrant suffering no physical or medical condition or otherwise from any condition that would expose me, or anyone travelling with me, to any elevated risk of potential injury or damage.
We/ I confirm that all team members of our Team are or will be aged 18 or older as at the Start date of the Kidney Kar Rally and are capable of understanding the Terms and Conditions relevant to this event.
We/I acknowledge that in the event of any of these warranties not being correct, Kidney Health Australia may exclude us from participating in Kidney Kar Rally.
RallySafe Equipment Acknowledgement
We/I acknowledge that RallySafe tracking and communication units are installed in vehicles for safety and event management purposes. We/I agree to take reasonable care of any equipment provided and accept responsibility for any loss or damage to RallySafe units or accessories caused by our actions or negligence. We/I agree to reimburse Kidney Health Australia (or its designated supplier) for the reasonable cost of repair or replacement of any damaged or lost equipment attributed to our use.
Photography
Photographers and videographers will be present at the Kidney Kar Rally, taking photographs and video, which will be used to promote the event and future fundraising activities.
Please speak with us at the event if you believe your photo has been taken and you do not give permission for future use.
Registration
All entrants are required to complete the entry form and pay the entry fee.
Children
Children under 18 must be accompanied by an adult for the duration of the event and are not permitted to drive during the Rally.
Medical Emergencies
It is each participant’s responsibility to be fit and healthy to participant in the event. First aid will be available at the event. Should a participant require ambulance transport to hospital it will be at their expense.
Privacy and Online Security
Kidney Health Australia staff and volunteers understand and respect your right to Privacy and will ensure that we uphold your rights and provide you with information on how we do this.
For further information on how Kidney Health Australia protects your rights and manages personal, sensitive and health information, please follow this link to Kidney Health Australia’s Privacy Policy.
All financial information pertaining to customers of Kidney Health Australia is stored securely in line with the Payment Card Industry Data Security Standards (PCI DSS), with no complete bank details retained. In some situations, we use the assistance of professional financial gateway specialists to assist with financial transactions.
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.
Rally Manual
Each Confirmed Participant will be given access to a copy of the Rally Manual and additional information about the Kidney Kar Rally. The Manual contains important information about the Rally including in relation to fundraising, insurance, registration and event code of conduct.
You agree and are responsible for reading and understanding the Rally Manual. This manual has information which is essential to Participants’ safety. You must read the manual and comply with its requirements.
Fundraising Guidelines, Agreement & Legal Implications
All fundraising activities must be legal and comply with all Australian Federal and State laws. Each State has a Fundraising Act or equivalent that Kidney Health Australia and people fundraising on behalf of Kidney Health Australia must adhere to. There are different applicable laws, including specific laws about fundraising, depending on which state or territory you will be fundraising in.
Other regulations which may require permits in your state relate to gaming, liquor licensing and preparation of food. It is your responsibility to make sure you are aware of and comply with all laws and regulations applicable in your state.
Kidney Health Australia may revoke the approval or any licences granted to you and terminate this Agreement at any time if you engage in any act or omission which may adversely affect the reputation of Kidney Health Australia, or if you engage in any conduct which, in Kidney Health Australia’s reasonable opinion, is prejudicial to the affairs of Kidney Health Australia, contrary to its objectives or which brings Kidney Health Australia’s name into disrepute.
If we revoke the authorisation or licence granted to you, you must immediately stop promoting the event and cease using any of Kidney Health Australia’s intellectual property. Governing Law This Agreement is governed by the law of the state or territory in which the fundraising event takes place.
Participants of the Kidney Kar Rally are required to commit to a minimum fundraising amount of $4,000 per team. The minimum fundraising commitment will be enforced, and you are hereby agreeing to fundraise and/or donate the minimum fundraising amount prior to the Rally departure.
Working with Children Check
Kidney Kar Rally Participants are required to complete a Working with Children Check at their own cost in order to participate in the school activities and Kidney Kids and Youth activities planned as part of the rally.
