Cycling Australia Condition of Membership

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geoff m
Posts: 1072
Joined: 13 Nov 2006, 20:41

Postby geoff m » 01 Jan 2014, 19:08

As everyone's 2014 memberships are now due and we trust that you have renewed these, its worth reminding highlighting again what it means to be a member and the risks we all inherently accept fully ourselves, as we all know cycling is dangerous. Here are the details:

Cycling Australia Conditions of Membership

UPON SIGNING THE MEMBERSHIP APPLICATION FORM AND LICENCE CARD, THE APPLICANT ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTAND THESE CONDITIONS

I hereby declare that I am aware of no reason why I should not be issued with the licence requested. I declare that I have not applied for a licence for the same year to the UCI or to any other National Federation. I assume exclusive liability for the application and for the use that I shall make of the licence.
I hereby undertake to respect the Constitution and Regulations of the International Cycling Union, its Continental Confederations and its National Federations. I shall participate in cycling competitions or events in a fair and sporting manner. I shall submit to disciplinary measures taken against me and shall take any appeals and litigation before the authorities provided for in The Regulations.

All members/licence holders are bound by the Cycling Australia Anti-Doping Policy. This policy applies to:
Any person competing in any competition under the control of Cycling Australia or on any facilities of Cycling Australia.
Any person who has competed in the last 12 months or who has used Cycling Australia facilities in the last 12 months.
Any person who is a member of Cycling Australia, a State Cycling Association or any body affiliated to Cycling Australia.
Any person taking part in or involved with any sporting activity conducted or authorised by Cycling Australia.
Any person who administers, managers, coaches or assists in cycling.
All of the above are bound by the policy and must comply with it.
Copies of the Policy are available from the office of Cycling Australia and on its website at www.cycling.org.au

Furthermore:

They are liable for selection by a drug-testing agency to provide samples for testing whether in Australia or overseas.
Cycling Australia and its authorised officers have the power to search bags, possessions, and clothing for prohibited substances and to take, keep and analyse any substance, which is found.
Should I participate in a cycling race where a drug test is conducted under the UCI Drug Test Regulations, I agree to submit to such drug tests. I agree that the results of the analysis may be made public and communicated in detail to my club, team or trade team or to my coach or doctor. I undertake to submit any protests concerning drug abuse to the “Court of Arbitration for Sport” (CAS), whose decision I shall accept as final. I agree that all urine samples taken shall become the property of the UCI, which may have them analysed, especially for purposes of health protection research and information. I agree that my doctor or the doctor of my club, team or trade team may, on a request from the UCI, communicate to it a list of any medicines I took and treatment I underwent before any given competition.

I accept the conditions regarding blood tests and accept to undergo blood tests.

ASSUMPTION OF RISK
In this clause 6:
"Organiser" means and includes the Australian Cycling Federation Inc trading as Cycling Australia ("CA"), its subsidiaries, its members (including, but not limited to, its affiliated State Constituent Associations as defined in the ACF constitution) and clubs affiliated with Constituent Associations, and their respective directors, officers, members, servants or agents.
“Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence BUT does NOT include a claim against the Organiser by any person entitled to make a claim under a relevant CA insurance policy.
"Cycling Activities" means performing or participating in any capacity including but not only as a Member in any authorised or recognised Organiser activities.

NOTE: Section 74 of the Trade Practices Act (“Act”) implies a warranty of due care and skill into contracts for the supply of services to consumers, as defined in the Act. To the extent that the warranty applies to any contract relevant to the Release and Waiver of Liability, it cannot be excluded.

I declare that I am medically and physically fit and able to participate in Cycling Activities. I acknowledge that I must, and I agree that I will, disclose any pre-existing medical or other condition that may affect the risk that either I or any other person will suffer injury, loss or damage.
I acknowledge that the Organiser relies on information provided by me, and that all such information is accurate and complete.
I acknowledge that Cycling Activities are inherently dangerous. I recognise that there are risks specifically associated with Cycling Activities which include, but are not limited to, collisions and contact with other participants and road users, riding on roads which are or may be closed or partially closed to traffic, the remoteness of the areas in which a ride takes place, sudden and unexpected changes in weather, physical exertion and difficulties in evacuation if I become disabled. I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or my property being damaged.
I understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during any Cycling Activity, and I accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance.
I agree to follow any rules set by the Organiser in connection with any Cycling Activities. In particular, I have been advised to wear an approved helmet at all times during Cycling Activities. If I fail to comply with the ORGANISER’S rules and/or directions, I will not be permitted to participate or to continue to participate and no refund will be given.
I have voluntarily read and understood these warnings and accept and assume all risks associated with my participation in Cycling Activities, including the possibility or injury, death, loss or damage.
In consideration of CA accepting my membership application I:
release and will release the Organiser from all Claims that I may have or may have had but for this release arising from or in connection with my participation in Cycling Activities; and
indemnify and will keep indemnified the Organiser to the extent permitted by law in respect of any Claim by any person arising as a result of or in connection with my membership or my participation in Cycling Activities .
I further agree to indemnify and keep indemnified the Organiser against all Claims made by any other person against the Organiser in respect of any injury, loss or damage arising out of or in connection with my failure to comply with the Organiser's rules and/or directions.
I agree and acknowledge that, to the extent permitted by law, the Organiser shall not be liable for any injury, loss or damage I suffer or by any other person arising from or in connection with my participation in the ride, whether such injury, loss or damage was caused directly or indirectly by the negligence of the Organiser or otherwise, or by the Organiser’s servants or agents.
To the extent permitted by law, I acknowledge and agree that all warranties, covenants and stipulations implied by law are hereby excluded.
I agree to report any accidents, injuries, loss or damage I suffer during any Cycling Activities to the Organiser before I leave the relevant venue.
If I suffer any injury or illness, I agree that the Organiser may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment
I ACKNOWLEDGE THAT I HAVE READ THIS ASSUMPTION OF RISK AND THAT IT HAS BEEN EXPLAINED TO ME, AS REQUIRED. I FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I SIGNED THE DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT MADE TO ME AND INTEND MY SIGNATURE OR OTHER ACKNOWLEDGEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

PRIVACY
Information collected is subject to the Cycling Australia Privacy Policy available on our website.


I have read and agree to the Terms and Conditions of Cycling Australia Memberships

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