RULES AND REGULATIONS

  1. All Participants acknowledge having read and understood the Rules and Regulations of the Drive for MND 2022 and agree and submit to all Rules and Regulations, codes of conduct, policies, directives and/or any such other requirement either contained in these Rules and Regulations or decided upon prior, during or after Drive for MND 2022.
  2. For the avoidance of doubt, any Rule, Regulation, policy, directive or other such requirement shall be communicated by the Drive for MND 2022 Committee and communicated to all Participant/s before, during or after the Drive for MND 2022 which shall be reasonable in the circumstances and for the purpose of further implementing the Rules and Regulations as herein contained.
  3. Participant/s must act and behave in a manner becoming of a participant in the Drive for MND 2022 and must be mindful of the purpose of the Drive for MND 2022 which has been put in place as the conduit to raise funds and awareness of and for people living with Motor Neurone Disease and supporting research to find a cure. Participant/s must at all times:
    1. Act and behave honourably and respectfully;
    2. Act and behave in a manner not prejudicial to the interests of the Drive for MND 2022;
    3. Maintain and exhibit mutual respect for all other Participant/s in the Drive for MND 2022;
    4. Maintain social decorum free from bad language and/or racist, sexist or bigoted comments; and
    5. Conduct themselves at all times in a polite and cordial manner so as to advance the enjoyment of all Participant/s in Drive for MND 2022.
  4. All potential Participants must pay a non-refundable registration fee of $330 as adjusted and determined by the Drive for MND 2022 Committee or any other authorised representative of the Drive for MND 2022. Payment of the registration shall secure the Participant’s place and Vehicle in the Drive for MND 2022 subject to the payment set out in item 5.
  5. Following registration, all Participant’s being part of the Vehicle must pay or fundraise a minimum of $3000 per Vehicle. In the event the Participant’s intending to be in the Vehicle have not paid the $3000 their position may be forfeited allowing another potential group of Participant/s to enter.
  6. All Participant/s acknowledge that the number of Vehicles participating in Drive for MND 2022 is limited to 35 Vehicles beyond which no more Vehicles may participate. The intention of items 4 & 5 is to achieve an equitable and fair outcome for all those wanting to participate.
  7. In the interests of fairness, if any Participant’s Vehicle experiences unexpected financial issues or duress regarding the payment under item 5 they must contact the Drive for MND 2022 Committee or any other representative of the Drive for MND 2022 to discuss the issues. The Drive for MND 2022 Committee or any other representative of Drive for MND 2022 shall act in good faith reaching a resolution to these issues whilst having due regard to item 6.
  8. The Drive for MND 2022 Committee or any other representative of the Drive for MND 2022 shall have no liability to the Participant/s for any personal injury, property damage, property loss or any other loss or damage in any way suffered by the Participant/s by way of their involvement in the Drive for MND 2022.
  9. The Participant/s agree to only participate in the Drive for MND 2022 if the Participant is fit to do so on the day/weekend of the event. The Participant is responsible for ensuring that they are adequately and appropriately prepared for the event.
  10. COVID-19 – The Participant/s agree not to participate if they are feeling unwell, experiencing any flu-like symptoms, have tested positive to COVID-19 and/or are under instruction to self-isolate at the time of the event. This rule (10) may be amended by the Drive for MND Committee at any time necessary to comply with any and all Government directives in relation to COVID-19.
  11. The Participant/s acknowledge that their Vehicle is suitably roadworthy to undertake the Drive for MND 2022 and the Participant/s indemnify and wholly release the Drive for MND 2022, Drive for MND 2022 Committee or any other representative of the Drive for MND 2022 from any loss or damage suffered by any Participant/s vehicle or vehicles during or after the Drive for MND 2022.
  12. The Participant/s acknowledges, undertakes and accepts full and continuing responsibility to maintain their Vehicle in a safe and roadworthy condition for the entirety of the Drive for MND 2022.
  13. The Participant/s submits and shall allow any Drive for MND 2022 Committee member or any other representative of the Drive for MND 2022 to scrutinise or inspect any Vehicle participating in the Drive for MND 2022. The Participant/s acknowledge that any such scrutiny or inspection shall not amount to any certification of the Vehicle’s roadworthiness and no reliance shall or can be made by any Participant/s regarding the Vehicle’s roadworthiness.
  14. The Participant/s shall comply with all laws, regulations and legal requirements and all Participant/s shall submit to, if required, alcohol and/or drug tests. The Drive for MND 2022 Committee or any other authorised representative of Drive for MND 2022 shall be authorised to cease any Participant/s involvement in Drive for MND 2022 if the Participant (as the nominated driver for the day) has a blood alcohol reading in excess of that permitted by law.
  15. The Drive for MND 2022, Drive for MND 2022 Committee or any other authorised representative of Drive for MND 2022 shall have the power to cease immediately any Participant/s involvement in the Drive for MND 2022 if the Drive for MND 2022 Committee or any other representative of the Drive for MND 2022 forms the opinion (acting reasonably) that the Participant is not participating in the Drive for MND 2022 in a safe and responsible manner to the extent that any fellow Participant/s or any members of the public’s safety is placed in jeopardy, likely or is reasonably foreseeable to lead to harm to any person.
  16. The Drive for MND 2022, Drive for MND 2022 Committee or any other authorised representative of Drive for MND 2022 has no legal obligation to enforce Rule 14 and Rule 15 and no Participant shall be entitled to rely upon Rule 13 for any reason whatsoever.
  17. The Participant agrees to indemnify and to at all times keep indemnified the Drive for MND 2022, Drive for MND 2022 Committee or any other representative of the Drive for MND 2022 against liability for all loss, claims and damages of any kind whatsoever, whether arising under statute or at common law (including negligence) and including claims in respect of personal injury, death, property damage or loss and damage of any other kind arising from or directly or indirectly relating to the Participant/s participation in the Drive for MND 2022.
  18. The Participant/s agrees not to instigate or prosecute or in any way support directly or indirectly the instigation or prosecution of any proceeding of any kind, including, but not limited to, any examination, injury or investigation against the Drive for MND 2022 which in any way relates to or arises out of the conduct of the Drive for MND 2022.
  19. The Participant/s agree to release and forever discharge and to hold harmless the Drive for MND 2022, Drive for MND 2022 Committee or any other representative of the Drive for MND 2022 from any claim against loss, injury or damage of any kind which the participant/s has or at any time in the future may have in any way arising out of or relating to the conduct of the Participant/s participation in the Drive for MND 2022.
  20. Without limiting the provision of Rule 17, the releases and indemnities as provided for in these Rules and Regulations extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries including death, damages, loss, liability and the consequences thereof, as well as those now disclosed and known to exist. The provisions of any state, federal, local or territorial law or state providing in substance that release shall not extend to claims, demands, injuries, or damages which are unknown or unsuspected to exist at this time, to the persons executing such release, are hereby expressly waived.
  21. The Participant/s agree on behalf of their heirs, executors, administrators, and assigns to indemnify the Drive for MND 2022, Drive for MND 2022 Committee or any other representative of Drive for MND 2022 from any and all actions, cause of action, claims and demands for upon or by reason of any damage, loss or injury including death which hereafter may be sustained by participating in the Drive for MND 2022.
  22. The Participant/s give permission, for no fee or remuneration, for the use of the Participant name, statements, voice or picture in any form of media in any context relating to the Drive for MND or any subsidiary events during or after the Drive for MND 2022.
  23. Participant/s may obtain advertising decals for their Vehicles which can only be placed in areas that are not kept for the event name and sponsors decals. Event decals and placing directions will be supplied to the Participant prior to the event.
  24. All Participants acknowledge and accept that the Drive for MND 2022, Drive for MND 2022 Committee or any other representative of the Drive for MND 2022 may enter into a sponsorship agreement with anybody corporate where that body corporate’s logo must be placed on all vehicles. All Participants must place that body corporate sponsor’s logo on their vehicle as directed by the Drive for MND 2022, Drive for MND 2022 Committee or any other representative of the Drive for MND 2022.
  25. The Drive for MND 2022, Drive for MND 2022 Committee or any other representative of the Drive for MND 2022 may require any Participant/s to cease participation in the Drive for MND 2022 if the Participant/s breaches or fails to comply with any of the requirements of the Rules and Regulations.
  26. Without limiting the breadth and scope of Rule 2 further Rules and Regulations may be disseminated by the Drive for MND 2022, Drive for MND 2022 Committee or any other authorised representative of the Drive for MND 2022 at any time and the Participant/s must comply with said further Rules and Regulations.
  27. Any decision arrived at by the Drive for MND 2022 Committee or any other authorised representative of Drive for MND 2022 shall be final and no further correspondence shall be entered into.
  28. The Drive for MND is a registered event conducted by the health promotion charity Care Cure Support Ltd (Collections license no. CC22390). Participant/s acknowledge and agree that any fundraising activity undertaken for the Drive for MND will comply and be conducted in accordance with the requirements of the Charitable Collections Act 1946, the Charitable Collections Regulations 1947 and any other relevant state and federal laws.
  29. The Participant/s acknowledge that all funds raised for the Drive for MND 2022 must be deposited with Care Cure Support Ltd either via the authorised bank account (BSB: 016-412 ACC: 416145748) or via their authorised online fundraising platform; https://driveformnd2022.gofundraise.com.au by 31 December 2022.
  30. These Rules and Regulations are governed by and construed in accordance with the laws of the state of Western Australia.

DEFINITIONS

Drive for MND 2022 means Drive for MND 2022 Avon Adventure.

Drive for MND 2022 Committee means the individuals appointed to same from time to time by the board of Care Cure Support Ltd, to act, serve or carry out duties as officers, members, employees, agents, independent contractors and volunteers assisting in the conduct and management of Drive for MND 2022.

Participant/s means the natural person participating in the Drive for MND 2022.

Rules and Regulations means the rules and regulations set out herein or as determined by the Drive for MND 2022, Drive for MND 2022 Committee or any other representative of the Drive for MND 2022 from time to time.

Vehicle means and Participant/s MND Drive Vehicle used by the Participant/s in the Drive for MND 2022.