RULES AND REGULATIONS
A. ACCEPTANCE
1. Each Participant acknowledges it has read and understood these Rules and Regulations of the Drive for MND 2024 and acknowledges and agrees to comply with these Rules and Regulations and any, directives and/or any such other requirement issued prior, during or after Drive for MND 2024 by the Drive for MND 2024 Committee or any other authorised representative of the Drive for MND 2024.
B. BEHAVIOUR STANDARDS
2. Participant/s must act and behave in a manner becoming of a participant in the Drive for MND 2024 and must be mindful of the purpose of the Drive for MND 2024 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:
a. Act and behave honourably and respectfully;
b. Act and behave in a manner not prejudicial to the interests of the Drive for MND 2024;
c. Maintain and exhibit mutual respect for all other Participants in the Drive for MND 2024;
d. Maintain social decorum free from bad language and/or racist, sexist or bigoted comments; and
e. Conduct themselves at all times in a polite and cordial manner so as to advance the enjoyment of all Participant/s in the Drive for MND 2024.
C. REGISTRATION AND FEES
3. All potential Participant/s must pay a non-refundable registration fee of $425 as adjusted and determined by the Drive for MND 2024 Committee or any other authorised representative of the Drive for MND 2024. Payment of the registration fee shall secure the Participant’s place and Vehicle in the Drive for MND 2024 subject to the payment set out in rule 4. The registration fee includes only those expenses specified in the event information and does not include any other expenses incurred while staying in the provided accommodation, fines of any sort, or damage caused at any venue visited and such costs will be the responsibility of Participants who incurred such expense or fine or caused such damage.
4. Following Participant/s registration, all Participant’s being part of the Vehicle (Vehicle Participants) must pay or fundraise a minimum of $3000 per Vehicle. In the event the
Vehicle Participant’s have not paid the $3000 prior to 25 October 2024, their position in the Drive for MND 2024 may be forfeited allowing another Vehicle and group of Participant/s to enter.
5. All Participant/s acknowledge that the number of Vehicles participating in Drive for MND 2024 is limited to 35 Vehicles beyond which no more Vehicles may participate. The intention of rules 3 & 4 is to achieve an equitable and fair outcome for all those wanting to participate.
6. If any Vehicle Participants experience unexpected financial hardship or other issues which prevent them making the payment under rule 4 by the due date, they must contact the Drive for MND 2024 Committee or any other representative of the Drive for MND 2024 prior to the due date to discuss the issues. The Drive for MND 2024 Committee or any other representative of Drive for MND 2024 may (acting in their absolute discretion) extend the time for payment and make other allowances to address such issues.
D. PARTICIPANT REQUIREMENTS
7. The Participant/s acknowledge that the Drive for MND 2024 will take them away from health facilities and that medical care may not be readily available to Participant/s. The Participant/s agree to only participate in the Drive for MND 2024 if the Participant is fit and healthy 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 and that there are no health related issues which could be exacerbated by participating in the event.
8. Participant/s must not drive if a Participant’s ability to do so safely and properly is in any way compromised by illness, lack of adequate rest, medically intoxicated, under the influence of illegal substances or any other condition that will put that Participant and other Participants, general driving public, pedestrians, and any other persons or property at risk in any way whatsoever.
9. 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 9 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.
E. VEHICLE REQUIREMENTS
10. The Participant/s represent and warrant that their Vehicle is suitably roadworthy to undertake the Drive for MND 2024.
11. 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 2024.
12. The Participant/s agree to allow any Drive for MND 2024 Committee member or any other representative of the Drive for MND 2024 to scrutinise or inspect any Vehicle participating in the Drive for MND 2024. The Participant/s acknowledge that any such scrutiny or inspection shall not amount to any certification by the Drive for MND 2024 Committee (or any member or any other representative of the Drive for MND 2024 who conducted such inspection) of the Vehicle’s roadworthiness or compliance with these Rules and Regulations. Participant/s acknowledge and agree that they will not rely on such inspection in any way and waive any rights they may have at law or equity to assert that such inspection was evidence of compliance with these Rules and Regulations or confirmation of the Vehicle’s roadworthiness.
F. COMPLIANCE WITH LAWS
13. The Participant/s must comply with all laws, regulations and legal requirements in connection with participating in the Drive for MND 2024 including but not limited to:
a. Each Vehicle must have a legal and valid vehicle registration and each Participant driving a Vehicle must have a valid and current driver’s license with name of Participant
matching such Participant’s driving the Vehicle.
b. Each Participant shall obtain appropriate insurance covering participation in the Drive for MND 2024 which includes, without limitation, car insurance, vehicle third party
liability insurance and ambulance cover.
14. All Participant/s agree to, if required by the Drive for MND 2024 Committee or any other authorised representative of Drive for MND 2024, undertake alcohol and/or drug testing. The Drive for MND 2024 Committee or any other authorised representative of Drive for MND 2024 shall be authorised to cease any Participant/s involvement in Drive for MND 2024 if the Participant (as the nominated driver for the day) has a blood alcohol reading in excess of that permitted by applicable law or otherwise has prohibited drugs in their system.
15.The Drive for MND 2024, Drive for MND 2024 Committee or any other authorised representative of Drive for MND 2024 shall have the power to cease immediately any
Participant/s involvement in the Drive for MND 2024 if the Drive for MND 2024 Committee or any other representative of the Drive for MND 2024 forms the opinion (acting reasonably) that the Participant is not participating in the Drive for MND 2024 in a safe and responsible manner or where they fail to comply with these Rules and Regulations.
16.The Drive for MND 2024, Drive for MND 2024 Committee or any other authorised representative of Drive for MND 2024 has no obligation to monitor Participant/s compliance with Rule 13 and the onus of complying with the requirements of these Rules and Regulations including Rule 14 and 15 shall at all times remain with Participant/s. Participant/s acknowledge and understand that the Drive for MND 2024 cannot guarantee that the other Participant/s will abide by these Rules and Regulations.
G. RISKS ASSOCIATED WITH PARTICIPATION
17. Participant/s acknowledge that participation in the Drive for MND 2024 is potentially dangerous and that there are numerous risks associated with participation. Such risks and dangers include, but are not limited to, traffic accidents, collisions with pedestrians, vehicles, other drivers, and/or fixed or moving objects, and the negligence of other drivers. Participant/s fully understand that participation in the Drive for MND 2024 may result in serious bodily injury and/or death to that Participant, or others. Participant/s acknowledge that the route of the Drive for MND 2024 will require driving on public roadways upon which the hazards of traveling are to be expected, including the risk of driving through inclement weather.
18.With full knowledge and understanding of the risks associated with participation in the Drive for MND 2024, Participant/s enter the Drive for MND 2024 voluntarily and fully accepts and assumes every such risk for loss, damage, or injury (including death) which may arise from participation in the Drive for MND 2024. The Drive for MND 2024, Care Cure Support Ltd and the Drive for MND 2024 Committee (and their respective directors, officers, volunteers, staff or consultants) or any other representative of the Drive for MND 2024 shall have no liability to the Participant/s or the owner of any Vehicle participating in the Drive for MND 2024 for loss or damage of any kind including 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 2024.
H. RELEASE AND INDEMNITY
19. In consideration for being permitted to participate in the Drive for MND 2024, each Participant hereby waives, releases, and forever discharges, for Participant, its heirs, executors, administrators and legal representatives, any and all rights and/or claims which Participant has, may have, or may hereafter accrue to Participant against the Drive for MND 2024, Care Cure Support Ltd and the Drive for MND 2024 Committee (and their respective directors, officers, volunteers, staff or consultants), or any other representative of the Drive for MND 2024 or the Drive for MND 2024 sponsors (Released Parties) for any and all damages, injuries (including death), and/or claims which may be sustained by Participant or its Vehicle directly or indirectly arising out of Participant’s participation in the Drive for MND 2024 (including the application of emergency or medical services at the Drive for MND 2024) even if the damages, injuries (including death), and/or claims are caused by the negligence of those persons listed above or otherwise. Further, Participant covenants not to sue the Released Parties for any and all damages, injuries (including death), and/or claims which may be sustained by Participant directly or indirectly arising out of Participant’s participation in the Drive for MND 2024. This release and discharge includes, but is not limited to, claims for personal injury, death, property damage, economic loss, breach of contract, lost wages, contribution indemnity, indemnity, punitive damages, negligence, or any other legally recognizable claim arising out of Participant’s participation in the Drive for MND 2024 (including all legal costs associated with such claims).
20. Participant/s agrees, for Participant, its heirs, executors, administrators and legal representatives, to defend, indemnify and hold harmless the Released Parties against any and all claims demands, damages, suits, liabilities or actions (whether arising under statute or at common law), arising directly or indirectly out of Participant/s actions or otherwise from Participant/s participation in the Drive for MND 2024 whether made or claimed during or after the Drive for MND 2024, including for costs or expenses , of any kind and any amounts which the Drive for MND 2024 or Care Cure Support Ltd may pay as a settlement or compromise of any such claims or liabilities.
21. 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 2024 and/or the Released Parties which in any way relates to or arises out of the conduct of the Drive for MND 2024.
22. Without limiting the provision of Rule 19 and Rule 20, the releases and indemnities as provided for in these Rules and Regulations extend and apply to, and also cover and include, 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 statute 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.
H. PROMOTION AND MARKETING
23. By participating in the Drive for MND 2024, Participant/s give permission, for no fee or remuneration, to be photographed and filmed and and grant the Drive for MND 2024 Committee full and complete permission to the Drive for MND 2024 Committee to use the Participant/s 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 2024. Participant/s further agree that if the Drive for MND 2024 Committee does use such photographs or footage, it may be edited at the Drive for MND 2024 Committee’s sole discretion. Participant/s hereby waives any and all rights of publicity or privacy Participant/s expressly release the Released Parties from and against any and all claims which Participant/s has or may have for invasion of privacy, defamation or any other cause of action arising out of the production, distribution, broadcast or exhibition of photographs, footage or any promotional materials.
24. 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. Participant/s may take photographs or film footage for private and personal use and must not reproduce
photographs or film footage on any website or in printed media without written permission from the Drive for MND 2024 Committee.
25. All Participants acknowledge and accept that the Drive for MND 2024, Drive for MND 2024 Committee or any other representative of the Drive for MND 2024 may enter into a sponsorship agreement with a sponsor where that sponsor’s logo must be placed on all Vehicles participating in the Drive for MND 2024. All Participant/s agree to place that sponsor’s logo on their Vehicle as directed by the Drive for MND 2024, Drive for MND 2024 Committee or any other representative of the Drive for MND 2024 and to continue to display the sponsor’s logo for the duration of the Drive for MND 2024.
I. GENERAL
26. The Drive for MND 2024, Drive for MND 2024 Committee or any other representative of the Drive for MND 2024 reserve the right to refuse participation or to require any Participant/s to cease participation in the Drive for MND 2024 at any time and or any reason whatsoever, including where Participant/s breach or fail to comply with any of the requirements of these Rules and Regulations.
27. The Rules and Regulations may be revised or amended from time to time subject to the Drive for MND 2024, Drive for MND 2024 Committee or any other authorised representative of the Drive for MND 2024 notifying Participants of the changes and the Participant/s will be deemed to have accepted the revised or amended Rules and Regulations by participating in the Drive for MND 2024.
28. Any decision arrived at by the Drive for MND 2024 Committee or any other authorised representative of Drive for MND 2024 shall be final and no further correspondence shall be entered into.
29.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.
30. The Participant/s acknowledge that all funds raised for the Drive for MND 2024 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://driveformnd.gofundraise.com.au by 31 December 2024.
31. Each Participant understands that while the Drive for MND 2024 Committee will endeavor to keep Participant’s personal information secure, the Drive for MND 2024 Committee does not accept any responsibility should loss or theft of this information occur. Participant consents to its personal details being passed on to other third parties that the Drive for MND 2024 Committee deems appropriate, including accommodation providers or medical professionals.
32. These Rules and Regulations are governed by and construed in accordance with the laws of the state of Western Australia.
DEFINITIONS
Drive for MND 2024 means Drive for MND 2024 ‘Busso & Beyond’.
Drive for MND 2024 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 2024.
Participant/s means the natural person participating in the Drive for MND 2024.
Rules and Regulations means the rules and regulations set out herein or as determined by the Drive for MND 2024, Drive for MND 2024 Committee or any other representative of the Drive for MND 2024 from time to time. Vehicle means the vehicle registered by the Vehicle Participants and used by the Participant/s in the Drive for MND 2024.
