Conditions of Entry
To assist with the smooth running of the event on the day, the following Rules and Conditions have been set. By signing the Entry Form you have understood and agreed to be bound by these Conditions.
1 The Entry Form must be signed by the entrant of the motor vehicle.
2 The exhibit must be of a standard of quality in the opinion of the Committee appropriate to the event entered
3 The onus of proof of date of build is the entrant’s responsibility. If required by the Committee such proof must be substantiated and be supported by a Statutory Declaration. In the event of false information being supplied, the vehicle and entrant will be disqualified from entry and all entry monies paid will be forfeited.
4 All motor vehicles must be registered or on permit.
5 All motor vehicles must be ridden by a licensed rider who shall comply with the provisions of the Motor Vehicles Act 1959 as amended.
6 All entrants will observe the current road laws and speed limits over the route, in particular those rules referring to the correct carriage of passengers and the wearing of approved motorcycle safety helmets.
7 All entrants and passengers shall conduct themselves in an orderly manner. Entrants and passengers are subject to the directions and control, in all things, by the Organisers of the event, their agents and officials.
9 The closing date for entries is Monday 23th September 2023.
10 The event is limited to 1000 vehicles.
10 a Payment of entry fees is accepted for hard Copy entries by cheque or money order made payable to Classic Owners Motorcycle Club Inc. Payment in cash will not be accepted. Payment may also be made by Credit Card with online entry.
b Any payment received in excess of the prescribed entry fee will be treated as a donation.
c Any refund, less 15% administration cost, will be made solely at the discretion of the Committee whose decision will be final and no correspondence will be entered into.
d Entry fees will not be returned for cancellation of entries after 4th of September 2023. All rejected entries will have their fees refunded.
e Any entries received after the closing date will incur a late fee of $15.
12 The decision of the Judging Panel and the Organisers shall be binding and final and no correspondence will be entered into.
13 No substitution of entries will be allowed except under the following conditions.
13 a The substitute Motor Cycle in all respects, must conform with the requirements of these conditions.
b The substitution shall be made with the knowledge and approval of the Entry Director and the payment of such fees as the Committee may set.
14 The Organiser reserves the right to reject or terminate any entry at any time and/or for any reason.
15 Entry numbers may only be displayed on the motor vehicles to which they have been assigned. Failure to display entry number will result in the motor vehicle and the driver/rider being immediately disqualified from taking part in the event.
16 Entrants will be eligible to receive a Lapel Pin (limited to the first 150 Entries)
17 Entrants hereby authorise the Organisers to photograph, film or reproduce in any medium the entrants, motor vehicles used in the event and any other aspect of the event, and hereby acknowledge that the Organisers shall have the free and unrestricted right to use entrants’ names and or such reproductions in the advertising and promotion of the event and future events to entrants.
18 As part of the risk Management Strategy, a NO ANIMALS, NO GLASS policy will be enforced at the National Motor Museum.
19 Entrants conducting themselves in a dangerous manner, or in a manner likely to bring the “Festival of Motorcycling 2022 event and its organisers into disrepute, shall be disqualified immediately. 20 The Committee/Event Organiser reserves the right to cancel the event up to 12 hours before the start time. Due to the prevailing or expected weather conditions or as directed by statutory authorities for safety or other justifiable reasons. No refunds will be issued. notification of cancellation will be listed on the Home page of the website & on the Face Book “Classics at Hart” Festival of Motorcycling group page. 21 The Committee reserves the right to amend or add to these Rules anytime.
CONTRACT TO PARTICPATE IN THE Festival of Motorcycling SA, 2024/25 events for, Road Race
IMPORTANT – THIS IS A CONTRACT. YOU MUST READ AND SIGN THIS CONTRACT BEFORE YOU PARTICPATE
Waiver Agreement
Recitals
A. The Provider organises, and permits participants to participate in, the Recreational Activity in consideration
for the Participant:
a. If a rider, paying the Application Fee; and
b. If a volunteer official volunteering to officiate at the Recreational Activity;
c. If a member of the media, accepting the Provider’s terms of media accreditation; and otherwise agreeing to
be bound by the Provider’s rules and directives governing the conduct of the Recreational Activity.
B. This document is the contract between the Provider and the Participant with respect to the Participant’s
participation in the Recreational Activity.
C. The purposes of this contract include to:
a. exclude the liability of the Provider to the extent permissible by law to pay damages or any other form of
compensation whether arising in tort contract or statute or at law or in equity for any personal injury or death of
the Participant as a result of the participant’s participation in the Recreational Activity; and
b. provide a warning of the risks of engaging in the Recreational Activity (as defined below).
D. Participating in the Recreational Activity is dangerous. The risks include but are not limited to death, serious
injury or illness due to:
– falling from your bike;
– difficult terrain and obstacles;
– hazardous and changeable track conditions;
– rider error and/or lack of skill or care and/or dangerous or reckless behaviour on your part or the part of other
participants;
– undisclosed medical conditions;
– decisions made or not made by organisers, officials, landowners/track operators and any agents or
representatives of those in charge of meetings;
– heat, cold, wet or other adverse weather conditions;
– contact with vehicles, other participants or members of the public who may or may not be acting safely;
– lack of access to medical, evacuation or search services; or
– design of the track.
Operative parts
1. In consideration for me (the Participant) paying or providing the consideration under clause A above to
participate in the Recreational Activity, the Provider will permit me to participate in the Recreational Activity.
2. I acknowledge that the Recreational Activity involves the risk of serious injury, physical harm or death. I
warrant that I am aware that the Recreational Activity involves the risk of serious injury, physical harm or death.
3. I also acknowledge that in signing this contract I have done so voluntarily and that no pressure or unfair
tactics have been used to persuade me to sign this contract and that I have done so voluntarily in the
knowledge that it is open to me not to sign the contract and for the Provider to refuse to permit me to
participate in the Recreational Activity. I also warrant that I have been given sufficient opportunity to read this
contract before signing it and that I have read it.
4. I agree that the Provider and any directors or officers of the Provider and any person associated with
organising the Recreational Activity shall not be liable to me or any other person for damages, compensation or
loss, whether in tort, contract, under statute or at law or in equity or otherwise for any personal injury or death
caused by, or in connection with, or arising out of, my participation in the Recreational Activity.
Definitions
Application Fee means the fee payable by the Participant (as a rider) to participate in the Recreational
Activity. Participant means the person signing this form and whose name appears next to Participant below.
Provider means those persons and entities listed in Annexure 1.
Recreational Activity means the event specified in Annexure 2.
Participant acknowledgements, consents and authorisations
i. I acknowledge that it is my responsibility to only participate in the Recreational Activity if I am fit and able to
do so.
ii. I acknowledge that I am responsible for all medical, hospital and ambulance expenses arising out of my
participation in the Recreational Activity save for any benefits provided by MA’s Personal Accident Policy.
iii. I authorise and consent to the Provider arranging any medical, hospital or ambulance services on my behalf
if necessary arising out of my participation in the Recreational Activity.
iv. I authorise and consent to the Provider collecting and using my personal information for the purpose of
administering the Recreational Activity and in accordance with the MA Privacy Policy.
v. I authorise and consent to the Provider collecting my private health information from me and from any person
or entity providing me with medical, hospital or ambulance services arising out of my participation in the
Recreational Activities, and to the use of such information to reduce the risks to persons participating in
recreational activities, in accordance with the MA Privacy Policy.
vi. I acknowledge that I have agreed to, and am bound by, the Provider’s rules and directives governing the
conduct of the Recreational Activity, including the MA anti-doping policy and understand that I may be subject
to drug testing.
vii. I authorise and consent to photographs and electronic images (images) being taken of me in the course of
the Recreational Activity. I have no proprietary interest in the images. I authorise and consent to the Provider
using such images, my name and information about my participation in the Recreational Activity to promote the
Provider or any recreational activities organised by the Provider.
Additional Clauses for Victorian Events
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair
Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because
the services provided were not in accordance with the statutory guarantees outlined below.
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and
services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services
it supplies to you
– are rendered with due care and skill; and
– are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
– might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory
guarantees is brought to your attention by this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence
on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with
reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the
Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and
Fair Trading Act 2012.
Additional Clauses for South Australian Events
Form 1-Recreational services-Exclusion, restriction or modification of rights under the Australian Consumer Law
(SA)
Your rights:
Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with
services (including recreational services1), there is:
– a statutory guarantee that those services will be rendered with due care and skill; and
– a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the
purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
– a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and
quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to
achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in
relation to the acquisition of the services).
Excluding, restricting or modifying your rights:
Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to
exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on
whose behalf you are acquiring the services (a third party consumer).
If you sign this form, you will be agreeing to exclude, restrict or modify the supplier’s liability with the result that
compensation may not be payable if you or the third party consumer suffer personal injury.
Important
You do not have to agree to exclude, restrict or modify your rights by signing this form.
The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by
signing this form.
Even if you sign this form, you may still have further legal rights against the supplier.
A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.
A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or
modify the child’s rights.
Agreement to exclude, restrict or modify your rights:
I agree that the liability of the Provider for any personal injury that may result from the supply of the recreational services
that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded.
Definitions
1. Recreational services are services that consist of participation in:
– a sporting activity or similar leisure-time pursuit; or
– any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of
recreation, enjoyment or leisure.
2. Personal injury is bodily injury and includes mental and nervous shock and death.
Volunteer Worker Advice:
As a Volunteer at this event I confirm that;
– I am not an employee of MA and do not intent creating an employment relationship with MA;
– I choose to provide my services to MA voluntarily for reasons that are personal to me, and I am at liberty to withdraw my
services at any time; and
Any fee or expense reimbursement that I receive is not related to hours worked or tasks performed
Further information:
Further information about your rights can be found at www.ocba.sa.gov.au
ANNEXURE 1
1) Federation Internationale de Motocyclisme
2) Motorcycling Australia Ltd
3) Motorcycling SA
4) Festival of Motorcycling South Australian Inc
Add Promoter/Event Organiser Here
5) All other persons involved in the
organisation, conduct and promotion of the
Event or construction or location of the
facilities used in connection with or otherwise
related to the Recreational Activity; and
6) Each of the respective officers, employees,
servants, agents, sponsors, successors and
assignees of each of the above.
ANNEXURE 2
___________________________
Permit Number : RR/24/W/12945
