MND and Me Foundation
Drive to Cure MND 2019
Friday May 3 to Monday May 6 2019
Terms and Conditions
The MND and Me Foundation events are all about having fun whilst raising funds for Queenslanders living with Motor Neurone Disease. Whilst we encourage entrants not to take the MND and Me Foundation Events too seriously, there is a very serious side to the event. For the safety of participants, staff and local communities each entrant must abide by the following terms and conditions.
The minimum requirement to enter the Drive to Cure MND 2019 per vehicle is $100. The Participant also has to commit to selling $1,000 worth of allocated raffle tickets before the date of the Motoring Event.
Each participant must read and agree to adhere to all MND and Me Foundation Event Terms and Conditions.
All participants who will be driving in the MND and Me Foundation must hold a current valid driver’s licence.
All participants agree to abide by road laws as stipulated by each state government.
By entering this event you agree to being filmed or photographed, the product of which may be used by, replicated, reproduced & published for any use including but not limited to marketing or promotional purposes.
This fee extends the MND and Me Public Liability Insurance to participants.
All entrants are responsible for payment of accommodation, refreshments, fuel costs, mechanical repairs and any other out of pocket expenses.
Deeds of Indemnity In consideration of MND and Me Foundation permitting the Participant to take part in a MND and Me Motoring Event, the Participant will comply with the following Deeds of Indemnity:
Definitions in this Agreement:
“Motoring Event” means the MND and Me Foundation Drive to Cure MND.
“Manager” means the person nominated by MND and Me Foundation to be in charge of and manage the Motoring Event
“Motoring Event Rules” means the rules set out in the document produced by the MND and Me entitled “Entrants Manual”.
“Claim or Demand” means any claim, demand, action, proceeding, judgment, order, award, damage or costs of any nature, whatsoever and howsoever accruing.
“Participant” means an Entrant in the Motoring Event and includes the parent/guardian, legal or personal representatives of the Participant as set out in the attached list.
“Landowner” means and includes the owner, lessor, lessee or occupier of any land and any employee, agent or independent contractor of any such person.
“Participant’s Support Crew” means and includes (but is not limited to) each person travelling with a participant in his/her vehicle or vessel and each person assisting the Participant in any way including (but not limited to) a mechanic, a member of a mobile workshop team, supply team, or any person acting in that capacity and their legal or personal representatives.
“MND and Me” means the MND and Me Foundation Limited, and includes each of its officers, members, employees, agents, independent contractors, and volunteers assisting it in connection with the Motoring Event.
“Vehicle” means the vehicle or vessel used by the Participant in the Motoring event.
The Motoring Event is potentially hazardous to those taking part and the Participant does so at his/her own risk. The Participant acknowledges that, although MND and Me will take all care in connection with and the carrying out of the Motoring Event, MND and Me accepts no responsibility for any claim or demand.
The Participant acknowledges and accepts full and continuing responsibility to maintain the Vehicle in a safe and roadworthy condition for the duration of the Motoring Event. Any scrutiny, inspection or certifying of the Vehicle by MND and Me shall be for its own purposes only, and the Participant will not rely on any such inspection by MND and Me as having any effect on the obligation of the Participant to maintain the Vehicle in a safe and roadworthy condition.
The Participant will comply with all laws and legal requirements, and with all directions of the Motoring Event Manager regarding safety including, but not limited to, requiring Participants to undergo alcohol breath tests. The Motoring Event Manager may require any Participant to cease participation in the Motoring Event if the Participant has a blood alcohol level/reading in excess of that permitted by law. The Motoring Event Manager may also require the Participant to cease participation in the Motoring Event if it is, in his or her opinion, in the interests of safety.
This Deed of Indemnity will not be varied or altered except by MND and Me. The Participant acknowledges that it has not relied on any representations made by or on behalf of MND and Me prior to entering into this deed.
The Participant indemnifies and holds harmless and will keep indemnified and held harmless:
- MND and Me, from all claims or demands, whether known or unknown, by any person against MND and Me arising from or related to, either directly or indirectly, the Motoring Event or the carrying out of the Motoring Event; and
- each Landowner from all claims or demands, whether known or unknown, by any person against the Landowner arising from or related to, either directly or indirectly, the Motoring Event or the carrying out of the Motoring Event.
The Participant will not advance, institute, prosecute, cause, procure, finance or support directly or indirectly the advancement, institution or prosecution of any proceeding of whatsoever nature, including (without limitation) any examination, inquiry or investigation, against MND and Me or any Landowner jointly or severally which relates to or touches upon the Motoring Event or the carrying out of the Motoring Event.
The Participant releases and forever discharges MND and Me and each Landowner from all Claims or Demands, whether known or unknown arising out of or relating to the Motoring Event or the carrying out of the Motoring Event.
This Deed of Indemnity is governed by and construed in accordance with the laws of the State of Queensland.
The Participant must comply with the Motoring Event Rules. The Motoring Event Manager may require the Participant to cease participation in the Motoring Event if the Participant fails to comply with any of the Motoring Event Rules.
Further conditions of entry may be drawn up by the Motoring Event Manager and will be printed in a regular memo issued from the Motoring Event office of MND and Me and the Participant must comply with these conditions and the Motoring Event rules.
The decision of the Motoring Event Manager regarding any matter is final.
Rules and Regulations
The MND and Me Motoring Event Rules and Regulations are those made by the MND and Me at any time. All entrants agree to abide by these rules upon registration into a MND and Me Motoring Event.
The Rules and Regulations may be altered and amended at any time and as seen fit by MND and Me. Any decision handed down by MND and Me will be final with no discussion entered into. During any MND and Me Motoring Event if any dispute arises as to the interpretation of any of the rules, the MND and Me Motoring Event Manager’s decision will be final.
OFFICIALS: In the interest of safety, insurance and event management, the requests and directions of all people designated by MND and Me to be Officials (“Officials”) will be observed at all times.
ROUTE: The route is that set by MND and Me for each listed event, with the approval of the road owners. Some Route Markers will be on route to denote direction and/or detour instructions, but teams must be familiar with their Route Notes and instructions which will be provided to teams on a daily basis.
ROUTE DEVIATION: If nominated roads are affected by adverse weather conditions the Event Manager will liaise with local councils, station owners/managers and any other appropriate bodies to determine an alternative route. Any participant who disregards the Officials instructions to abort the original route will be forced to withdraw from the MND and Me Motoring Event. If you leave the event’s route for any reason, seeking repairs etc., you must inform an Official immediately so checkpoints can be notified.
PRIVATE PROPERTY: The MND and Me Motoring Event routes from time to time will have access to private property. Care must be taken during this time. Entrants will be responsible for leaving gates as they found them. If any accidental damage is caused to gates, fences or any animals you are required to report any such damage immediately to a MND and Me Motoring Event Official. MND and Me is authorised to make arrangements for the repair of or compensate the landowner for such damage on the basis that the participant will be liable to meet the cost and to indemnify MND and Me against any liability for that damage. Whilst having access to private property, participants must not:
- Affix advertising decals and stickers to gates and signs.
- Wire shut or padlock boundary/paddock gates.
- Smear grease over gates or accessories.
- Tamper with road or event signs.
ALCOHOL: All open containers of alcohol are banned from the MND and Me Motoring Event on every day of the event. Anyone found to be carrying an open container of alcohol, or drinking alcohol within the vehicle of any MND and Me Motoring Event will be given a warning.
LITTER: Litter must not be thrown from any vehicle at any time. All MND and Me Motoring Event vehicles should be fitted with rubbish bags. Please respect the local communities we are visiting and bin it.
CIGARETTES AND NAKED FLAMES: Please ensure safe disposal of your cigarette butts and abide by local fire rules and regulations.
FIREARMS/ PROJECTILES: Entrants are prohibited from carrying firearms on any MND and Me Motoring Event at all times. High powered water pistols are also not permitted to be carried or used at any time. The throwing of flour bombs, eggs and any other projectile or food concoction is also banned on any MND and Me Motoring Event.
FIREWORKS: Fireworks are an environmental and safety hazard that are banned on any MND and Me Motoring Event, with the exception of licensed fireworks displays approved and organised by MND and Me.
FLARES: Flares are for emergency purposes only, unless special dispensation has been obtained in writing from the MND and Me Motoring Event Manager. Such approval must be obtained prior to the start of the MND and Me Motoring Event.
MND AND ME MOTORING EVENT VEHICLES: All MND and Me Motoring Event Vehicles must be in a safe and roadworthy condition, as required by law.
TAMPERING: Participants must never tamper with other vehicles on the event or any signage erected by Officials on the route.
SUPPORT VEHICLES: Entrants are prohibited from bringing their own support vehicles on the MND and Me Motoring Event.
MEETINGS: At the start of a MND and Me Motoring Event, all participants are to attend the Entrants Briefing meeting prior to departure. This meeting is compulsory and will advise the entrants of vital information about the route, tours and MND and Me functions.
Code of Conduct
The Code of Conduct has been set by MND and Me to ensure the safety of all participants and protect the reputation of the MND and Me Motoring Event and MND and Me. It contains simple common sense rules and is viewed most seriously.
It is up to each participant / team to police the conduct of other team members. Anyone not adhering to the code will be forced to withdraw from the MND and Me Motoring Event and may not be invited to participate in future MND and Me events. As a MND and Me Motoring Event entrant you are not exempt from state laws or road rules, and anyone caught breaking the law may be prosecuted.
AUTOMATIC DISQUALIFICATION: Individual entrants will be automatically disqualified from the MND and Me Motoring Event if:
- They are apprehended by the Police for travelling at a speed, which would result in the loss of a driver’s licence (usually 30 km/h above the posted speed limit).
- They are apprehended by the Police for driving under the influence of drugs or alcohol.
- They are involved in an incident of offensive behaviour, which includes assault.
- They are carrying any types of firearms, weapons or flares.
RANDOM BREATH TESTS: All participants agree to wear a designated driver badge, or similar ID, while driving, which will be supplied to each team. The designated driver’s badge signifies and obliges the wearer to be alcohol and drug free or under the blood alcohol limit as set by the law at all times whilst driving a MND and Me Motoring Event vehicle. If a driver refuses to submit to such a test on request, the driver will be automatically disqualified from the MND and Me Motoring Event.
MND and Me Motoring Event Officials may at any time carry out random breath tests for Blood Alcohol Concentration (BAC) throughout the event. All drivers agree to submit to such tests conducted by these Officials. Where a driver is found to be over the prescribed limit for Queensland, the following actions will apply:
That driver abstains from driving for the day and the team will be required to use a driver that is under the legal BAC limit.
RADAR SPEED TESTS: All MND and Me Motoring Events are not a race and legal speed limits must be observed at all times. MND and Me Motoring Event Officials at any time may perform random radar speed tests throughout the event. When a driver is over the legal speed limit a warning will be given. If a second offence occurs it will result in the automatic disqualification of the individual from the event.
BEHAVIOUR: Warnings will be given for inappropriate behaviour or incidents that are deemed inappropriate by an Official.