Lumen Motion - Event Conditions
Entry Requirements
- If the Rider is under the age of 18, the Rider must agree to the Parent / Guardian Consent Conditions at the time of registration.
- If the Rider is aged 16 years or younger on the day of the Ride, they must be accompanied on the ride by a Parent / Guardian, as nominated at the time of registration.
- Child Ride entry fees apply to riders under 16 years on the day of The Ride.
- Laughing Mind may, in its absolute discretion and without giving reasons for its decision, accept or refuse an application for registration.
- All Riders must consider the event criteria and timings before entering into a ride. Laughing Mind as part of the event safety will enforce all ride criteria and event timings to ensure a safe event for participants and the non-event community.
- Start times for each ride option will be enforced by Laughing Mind - if you fail to start within the time allocated for your ride option then you are no longer part of the event and therefore will not be eligible for event benefits.
Cancellations7. No refund or exchange on any ticket except as required by law and as otherwise specified by the seller.
8. Tickets are not transferrable. |
Event Communications9. Ride Communications will principally be made via email and Event newsletters. The Rider should therefore provide a valid email address.
10. It is the Rider’s responsibility to read all information that is made available on the Lumen Motion website and in email newsletters concerning the Ride. |
Acknowledgement and Waiver
11 The Rider acknowledges and agrees that participation in the Lumen Motion event is inherently dangerous and that he/she participates in the Ride at his/her own risk. The risks associated with participating in the Event include but are not limited to the risk that:
12 Nothing in these terms and conditions excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including but not limited to a guarantee under the Australian Consumer Law (“ACL”)) which cannot lawfully be excluded, restricted or modified.
13 The ACL contains guarantees that give consumers certain rights in relation to goods and services they acquire. These guarantees cannot be excluded, restricted or modified except in certain circumstances. Section 139A of the Competition and Consumer Act (2010) (Cth) (“CCA”) permits a term of a contact for the supply to a consumer of recreational services, to exclude liability of the supplier for death and personal injury arising from the failure to comply with a guarantee provided in sections 60 to 62 of the ACL. To the extent permitted by s139A of the CCA, the Rider acknowledges and agrees that Laughing Mind excludes all liability in connection with the supply of recreational services for:
14 The Civil Liability Act 2002 (NSW) (“CLA”) permits a term of a contact for the supply of recreation services to exclude liability of the supplier for damages for harm resulting from a breach of an express or implied warranty that the services will be rendered with reasonable care and skill. Subject to paragraphs 19 and 20, and to the extent permitted by law, the Rider acknowledges and agrees that Laughing Mind excludes all liability for damages for any harm (including but not limited to personal injury or death, damage to property and economic loss and whether direct, indirect, special or consequential) from a failure to exercise reasonable care and skill, regardless of whether the claim is brought in tort (including in negligence), in contract, under statute or otherwise, where such liability results from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
15 Except as expressly included in these Terms and Conditions, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from these Terms and Conditions.
16 Subject to clauses 12 and 13, and to the extent permitted by law, by participating in the Lumen Motion Event provided by Laughing Mind, you agree to indemnify Laughing Mind against any claim (including but not limited to those arising in negligence), loss, damage, liability, cost and expense that may be incurred or sustained by Laughing Mind in connection with any act, matter or thing done, permitted or omitted to be done by you or which was in any way connected with your involvement in the Lumen Motion Event.
17 If the Rider is a Parent/Guardian of a person 16 years or younger (“under age child”) who is participating in the Ride, that Rider consents to the under age child participating in the Ride and agrees to take full and sole responsibility for the underage child’s safety and participation in the Ride.
18 To the extent permitted by law, the Rider further agrees and undertakes to Laughing Mind for and on behalf of the under age child that the release and indemnity contained in clause 11 applies with full force and effect to the under age child and that the Rider and any spouse or de facto spouse or partner will take no steps of any sort on behalf of the under age child that would result in the release and indemnity in clause 11 being rendered inoperative, of no effect or being declared or ordered by a court of law as not applying to the under age child.
Common Sense
26 The Rider must ride in a safe and responsible manner during the Ride and use common sense at all times.
27 The Rider must exercise caution on all public roads and other thoroughfares and ride defensively and courteously.
Ride & Ride Option Variation
28 Laughing Mind reserves the right to change or vary the event without notice.
29 Laughing Mind reserves the right, in its absolute discretion, to:
30 Private support vehicles are not permitted on the Ride.
Photography
31 The Rider acknowledges and agrees that he/she may be photographed or filmed during the Ride and consents to Laughing Mind or Wyong Shire Council using the Rider’s picture and likeness contained in any photographs or film for publicising the Ride and for promoting any future ride or event to be staged by Laughing Mind.
Privacy
32 Laughing Mind collects, uses, discloses and otherwise handles the Rider’s personal information in accordance with the terms of its Privacy Policy Statement. All information remains the property of Laughing Mind.
33 Laughing Mind in connection with Transport for NSW or third party will use your personal information for market research purposes and may enlist the services of a market research company to conduct such research.
34 With reference to our Privacy Policy Laughing Mind undertakes to disclose your Data only under the following circumstances:
35 The Event will be held outdoors and will proceed notwithstanding poor weather conditions on the day of the Ride. Laughing Mind is not liable to the Rider for any loss, damage, cost or expense of any kind including, but not limited to, refund of entry fees, in the event of poor weather before or during the Ride.
36 Laughing Mind reserves the right, in its absolute discretion, to refuse to allow the Rider to participate in the Ride or to remove the Rider from the Ride for breach of these terms and conditions or if it otherwise determines it appropriate to do so.
37 Laughing Mind is not liable to the Rider for any loss, damage, cost or expense of any kind, including but not limited to, the refund of the entry fee, if the Rider is denied access to or removed from the Event for any reason.
38 “Laughing Mind” means Laughing Mind Pty Ltd ABN 32 108 802 722 and includes where appropriate Laughing Mind’s employees, agents, contractors and officers.
- the Rider may be involved in a collision with people, animals, vehicles and/or other objects;
- the Rider may lose his/her balance;
- the Rider may suffer from the effects of heat, cold, wind, rain and other weather conditions;
- the Rider may suffer from physical exertion;
- the Rider may become separated from the cycling group; and
- the Rider may fall from their bicycle or skateboard,
12 Nothing in these terms and conditions excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including but not limited to a guarantee under the Australian Consumer Law (“ACL”)) which cannot lawfully be excluded, restricted or modified.
13 The ACL contains guarantees that give consumers certain rights in relation to goods and services they acquire. These guarantees cannot be excluded, restricted or modified except in certain circumstances. Section 139A of the Competition and Consumer Act (2010) (Cth) (“CCA”) permits a term of a contact for the supply to a consumer of recreational services, to exclude liability of the supplier for death and personal injury arising from the failure to comply with a guarantee provided in sections 60 to 62 of the ACL. To the extent permitted by s139A of the CCA, the Rider acknowledges and agrees that Laughing Mind excludes all liability in connection with the supply of recreational services for:
- death;
- physical or mental injury;
- the aggravation, acceleration or recurrence of a physical or mental injury;
- the contraction, aggravation or acceleration of a disease; and
- 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 an individual, that is or may be harmful or disadvantageous to the individual or community, or that may result in harm or disadvantage to the individual or community, resulting from a failure of Laughing Mind to comply with a guarantee in sections 60-62 of the ACL.
14 The Civil Liability Act 2002 (NSW) (“CLA”) permits a term of a contact for the supply of recreation services to exclude liability of the supplier for damages for harm resulting from a breach of an express or implied warranty that the services will be rendered with reasonable care and skill. Subject to paragraphs 19 and 20, and to the extent permitted by law, the Rider acknowledges and agrees that Laughing Mind excludes all liability for damages for any harm (including but not limited to personal injury or death, damage to property and economic loss and whether direct, indirect, special or consequential) from a failure to exercise reasonable care and skill, regardless of whether the claim is brought in tort (including in negligence), in contract, under statute or otherwise, where such liability results from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
15 Except as expressly included in these Terms and Conditions, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from these Terms and Conditions.
16 Subject to clauses 12 and 13, and to the extent permitted by law, by participating in the Lumen Motion Event provided by Laughing Mind, you agree to indemnify Laughing Mind against any claim (including but not limited to those arising in negligence), loss, damage, liability, cost and expense that may be incurred or sustained by Laughing Mind in connection with any act, matter or thing done, permitted or omitted to be done by you or which was in any way connected with your involvement in the Lumen Motion Event.
17 If the Rider is a Parent/Guardian of a person 16 years or younger (“under age child”) who is participating in the Ride, that Rider consents to the under age child participating in the Ride and agrees to take full and sole responsibility for the underage child’s safety and participation in the Ride.
18 To the extent permitted by law, the Rider further agrees and undertakes to Laughing Mind for and on behalf of the under age child that the release and indemnity contained in clause 11 applies with full force and effect to the under age child and that the Rider and any spouse or de facto spouse or partner will take no steps of any sort on behalf of the under age child that would result in the release and indemnity in clause 11 being rendered inoperative, of no effect or being declared or ordered by a court of law as not applying to the under age child.
Common Sense
26 The Rider must ride in a safe and responsible manner during the Ride and use common sense at all times.
27 The Rider must exercise caution on all public roads and other thoroughfares and ride defensively and courteously.
Ride & Ride Option Variation
28 Laughing Mind reserves the right to change or vary the event without notice.
29 Laughing Mind reserves the right, in its absolute discretion, to:
- Change or vary the route of any of the Ride Options without notice;
- Cancel, postpone, reschedule or change the time or place for the Ride or any of the Event Options for any reason and at any time prior to the commencement of the Event; and
- To the extent permitted by law, Laughing Mind is not responsible for or liable to the Rider for any loss, damage, cost or expense, whether direct, indirect, consequential or otherwise and howsoever or wheresoever incurred by the Rider resulting from any such action taken by Laughing Mind.
30 Private support vehicles are not permitted on the Ride.
Photography
31 The Rider acknowledges and agrees that he/she may be photographed or filmed during the Ride and consents to Laughing Mind or Wyong Shire Council using the Rider’s picture and likeness contained in any photographs or film for publicising the Ride and for promoting any future ride or event to be staged by Laughing Mind.
Privacy
32 Laughing Mind collects, uses, discloses and otherwise handles the Rider’s personal information in accordance with the terms of its Privacy Policy Statement. All information remains the property of Laughing Mind.
33 Laughing Mind in connection with Transport for NSW or third party will use your personal information for market research purposes and may enlist the services of a market research company to conduct such research.
34 With reference to our Privacy Policy Laughing Mind undertakes to disclose your Data only under the following circumstances:
- In the course of business being conducted between you and Laughing Mind;
- In connection with Transport for NSW to a market research company, as described in paragraph 41 above;
- In other circumstances that are directly implied by the purpose agreed between you and Laughing Mind;
- When permitted by you or at your request; and
- Where legally required to do so.
35 The Event will be held outdoors and will proceed notwithstanding poor weather conditions on the day of the Ride. Laughing Mind is not liable to the Rider for any loss, damage, cost or expense of any kind including, but not limited to, refund of entry fees, in the event of poor weather before or during the Ride.
36 Laughing Mind reserves the right, in its absolute discretion, to refuse to allow the Rider to participate in the Ride or to remove the Rider from the Ride for breach of these terms and conditions or if it otherwise determines it appropriate to do so.
37 Laughing Mind is not liable to the Rider for any loss, damage, cost or expense of any kind, including but not limited to, the refund of the entry fee, if the Rider is denied access to or removed from the Event for any reason.
38 “Laughing Mind” means Laughing Mind Pty Ltd ABN 32 108 802 722 and includes where appropriate Laughing Mind’s employees, agents, contractors and officers.
