BMW SAFARI TERMS AND CONDITIONS

I apply to participate in the event indicated above (“Event”) conducted by Off Track Events Pty Ltd (“Event Provider”)
in its capacity as a BMW Authorised Event Partner and agree to be bound by the following terms and conditions:

TO: Off Track Events Pty Ltd (“Event Provider”)

  1. I acknowledge that motorcycle activities can be dangerous and that by engaging in these activities and
    participating in the Event I am voluntarily exposing myself to and accepting all risks and dangers including the
    risk of personal injury, disability, death and property damage.
  2. I agree that I shall at all times during the Event use adequate safety equipment including but not limited to a
    motorcycle safety helmet approved by the Australian Standards Association and protective clothing including a
    full length riding jacket and pants that include appropriate protective inserts and full length motorcycle boots
    with shin and ankle support and that I shall comply with any other safety requirements specified by the Event
    Provider.
  3. Any motorcycle provided by me for use in accordance with the Event requirements shall be registered and in a
    roadworthy and safe condition and shall comply with any requirements specified by the Event Provider. The
    Event Provider reserves the right to refuse my participation in the Event if the condition of my motorcycle does
    not meet these requirements.
  4. I release the Event Provider, its employees, agents, contractors and any other third party involved in or in any
    way associated with or connected with the Event including but not limited to sponsors, contractors, land
    owners and lessees from any and all liability (whether arising under statute, contract, tort including negligence
    or otherwise) from any and all actions, claims, costs, expenses and demands in respect of death, personal
    injury, disability, loss (including but not limited to any direct loss, any special or indirect loss or damage or loss
    of profit, revenue or anticipated revenue, loss of bargain, contract, expectation or opportunity and loss of use of
    property), or damage to a person or property of any person including me, my heirs, executors and
    administrators, spectators, guests and other persons at the Event that is caused or contributed to by the Event
    Provider, its employees, agents and contractors or that arises from my attendance at or participation in the
    Event, or acceptance of training from an employee, agent or contractor of the Event Provider except to the
    extent prohibited by law.
  5. The Event Provider reserves the right at any stage to forthwith evict me from the Event or to refuse my
    participation in any stage of the Event for any non- compliance by me of these Terms and Conditions or
    otherwise in its absolute discretion and in these circumstances no refund of any fees will be provided.
  6. I acknowledge that information relating to the Event will be made available prior to and during the Event via
    Event briefings, Event material distributed to participants, Event material available on the Event website at
    www.bmwsafari.com and daily route maps. I acknowledge that it is my responsibility to attend such briefings
    and familiarise myself with all such materials and acknowledge that the Event Provider may refuse my
    participation in the Event if I fail to attend an Event briefing or fail to comply with any requirements detailed in
    any Event briefing or the materials.
  7. I acknowledge that I shall, whilst at the Event, be responsible for the operation and control of any motorcycle
    operated by me and I shall at all times operate the motorcycle in a safe manner, in accordance with applicable
    road rules and conditions and in accordance with any directions given by the Event Provider. I shall not operate
    the motorcycle under the influence of any drug or intoxicating substance or participate in any race or contest.
  8. I indemnify and keep indemnified and save harmless the Event Provider, its employees, agents, contractors
    and any other third party involved in or in any way associated with or connected with the Event including but
    not limited to sponsors, contractors, land owners and lessees from any and all liability (whether arising under
    statute, contract, tort including negligence or otherwise) from any and all actions, claims, costs, expenses and
    demands in respect of death, personal injury, disability, loss (including but not limited to any direct loss, any
    special or indirect loss or damage or loss of profit, revenue or anticipated revenue, loss of bargain, contract,
    expectation or opportunity and loss of use of property), or damage to a person or property of any person
    including me, my heirs, executors and administrators, spectators, guests and other persons at the Event that is
    caused or contributed to by the Event Provider, its employees, agents and contractors or that arises from my
    attendance at or participation in the Event, or acceptance of training from an employee, agent or contractor of
    the Event Provider except to the extent prohibited by law.
  9. I acknowledge that the route this Event follows includes travelling through remote areas where medical or
    emergency support is limited and response times may be lengthy. I acknowledge that I have notified the Event
    Provider of any known medical conditions that are pertinent to me.
  10. I understand that the road conditions and environment of the Event route can change suddenly and the Event
    route may be altered accordingly or the Event may be cancelled or postponed, at the discretion of the Event
    Provider. I agree to follow any instructions provided by the Event Provider to take an alternate route including
    when deemed necessary for the safe completion of the Event.
  11. I understand that navigation will be required to successfully complete the Event route. Navigation aids provided
    may include but are not limited to electronic files to be used by a GPS unit, daily route sheets with turn
    instructions and maps, arrows and other physical markings along the route itself or verbal instructions. If I am
    not clear about the route to be followed I will seek assistance from the Event Provider and follow any directions
    given by the Event Provider.
  12. If an incident or accident occurs at any time during the Event, the Event Provider must be notified immediately.
  13. I hereby state that I am licensed to operate the motorcycle I am using during the Event and that I hold a full and
    current motorcycle licence which is not under suspension or cancellation.
  14. Only those participants in possession of a valid motorcycle licence (which upon request can be inspected) and
    those whom have paid the Event fee in full shall be entitled to participate in the Event and a booking is not
    confirmed until full payment is received by the Event Provider.
  15. I acknowledge that ambulance insurance is required depending on my state of residence. I acknowledge that it
    is also my responsibility to ensure I possess the appropriate insurance covers including but not limited to
    comprehensive motorcycle insurance (which includes cover for the use of a motorcycle on dirt roads), domestic
    or international travel insurance and roadside assistance.
  16. I acknowledge that the event support includes a range of difference services that are provided whilst
    participating in the Event. This support starts after the designated start time each day and finishes after
    completion of the day’s route.
  17. The Event Provider reserves the right to postpone, terminate or cancel without notice to me the Event and to
    change the route at any time. and that any refund of fees paid in whole or part may be made at the entire
    discretion of the Event Provider and I agree to make no claim for damages or consequential loss if any of the
    conditions herein contained are applied by the Event Provider, its employees, agents or contractors.
  18. A participant may withdraw from the Event at any time by notifying the Event Provider in writing by email to
    info@bmwsafari.com In case of withdrawal, a cancellation fee is payable as follows:

    • (a) A $250 administration fee if 60 days or greater notice is given prior to the commencement of the Event;
    • (b) 50% of the registration fee and a $250 administration fee if greater than 21 days but less than 60 days
    • Notice is given prior to the commencement of the Event;
    • (c) 100% of the registration fee if 21 days or less notice is given prior to the commencement of the Event.
  19. The Event Provider is entitled to charge the cancellation fee against the fees already paid by the participant and
    any balance shall be returned.
  20. The Event Provider may, at any time, transfer its rights and obligations under these Terms and Conditions to an
    alternative supplier.
  21. The Event Provider collects personal information in order to conduct the Event. If the information requested is
    not provided, a participant may not be able to attend the Event. I agree that the Event Provider may use this
    personal information, or disclose it to other organisations, including BMW Australia Ltd, for future promotional
    and marketing purposes conducted by any of them. A request to access, update or correct any personal
    information should be directed to the Event Manager at info@bmwsafari.com
  22. I consent to the Event Provider using my name, likeness, image and/or voice (including photograph, film and/or
    recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting
    the Event and promoting any products manufactured, distributed and/or supplied by the Event Provider.
  23. I acknowledge that photographs and video footage may only be taken at the Event by participants for personal use unless permission has been provided prior to the Event. Video recording of Event briefings and functions is strictly prohibited.
  24. I acknowledge that if a provision of this Contract is void or voidable by any party or unenforceable or illegal but would not be void or voidable or unenforceable or illegal as aforesaid if it were read down and it is capable of being read down, it shall be read down accordingly.
  25. I acknowledge that any promise (including but not limited to any indemnity, discharge or release) in favour of any person who is not a party to these terms and conditions is a third party promise for the benefit of each of the said beneficiaries capable of being enforced by any of the said beneficiaries jointly and severally under section 55 of the Property Law Act 1974 (Qld) or otherwise at law.

 

TO: BMW AUSTRALIA LTD (“BMW”)

  1. I release BMW, its employees, agents, contractors and any other third party involved in or in any way
    associated with or connected with the Event including but not limited to sponsors, contractors, land owners
    and lessees from any and all liability (whether arising under statute, contract, tort including negligence or
    otherwise) from any and all actions, claims, costs, expenses and demands in respect of death, personal injury,
    disability, loss (including but not limited to any direct loss, any special or indirect loss or damage or loss of
    profit, revenue or anticipated revenue, loss of bargain, contract, expectation or opportunity and loss of use of
    property), or damage to a person or property of any person including me, my heirs, executors and
    administrators, spectators, guests and other persons at the Event that is caused or contributed to by BMW, its
    employees, agents and contractors or that arises from my attendance at or participation in the Event, or
    acceptance of training from an employee, agent or contractor of the Event Provider except to the extent
    prohibited by law.
  2. I indemnify and keep indemnified and save harmless BMW, its employees, agents, contractors and any other
    third party involved in or in any way associated with or connected with the Event including but not limited to
    sponsors, contractors, land owners and lessees from any and all liability (whether arising under statute,
    contract, tort including negligence or otherwise) from any and all actions, claims, costs, expenses and demands
    in respect of death, personal injury, disability, loss (including but not limited to any direct loss, any special or
    indirect loss or damage or loss of profit, revenue or anticipated revenue, loss of bargain, contract, expectation
    or opportunity and loss of use of property), or damage to a person or property of any person (including any
    BMW provided motorcycle) including me, my heirs, executors and administrators, spectators, guests and other
    persons at the Event that is caused or contributed to by BMW, its employees, agents and contractors or that
    arises from my attendance at or participation in the Event, or acceptance of training from an employee, agent or
    contractor of the Event Provider except to the extent prohibited by law.
  3. I consent to BMW using my name, likeness, image and/or voice (including photograph, film and/or recording of
    the same) in any media for an unlimited period without remuneration for the purpose of promoting the Event
    and promoting any products manufactured, distributed and/or supplied by BMW.