Training Participation Terms and Conditions

I hereby apply to participate in the off-road motorcycle training referred to as the (“Event”) conducted by
Moto Trekkin, (“Event Provider”) and as such I irrevocably agree to be bound by each and every one of
the following Terms and Conditions under all circumstances.

To: Moto Trekkin (“Event Provider”)

1. I understand, acknowledge, and agree that by purchasing and securing my place on this event, offered by the Event Provider, that I am legally bound by the following Agreement. I irrevocably and faithfully confirm that I will act in accordance with the following terms, conditions, and clauses at all times while participating in this event.
2. I agree and accept that the Event Provider may update or enhance the Event Participation Agreement to meet the changing needs of the business and specific event requirements as and when necessary. I agree that I may be required to sign an additional updated version of this agreement before commencing training offered by the Event Provider. This is especially prevalent in the event I elected to have a version of the event Participation Agreement emailed to me before the event commencement.
3. I accept that both on and off-road motorcycle activities are dangerous and that by engaging in this off-road event, it is highly hazardous and extremely dangerous. I understand and agree that by participating in this event, I am voluntarily exposing myself to, and accepting all risks and dangers, including the risk of personal injury, permanent disability, and or death, and or personal property damage, including motorcycle damage, associated with my voluntary involvement in such activities.
4. I further understand accept, and irrevocably agree, that I am aware this event will pass through extremely remote locations, using private roads, tracks, fire trails, or any other form of traversable land by motorcycle, which at times may not considered a ‘public road’ at law, or by any state, territory or governing body. I understand, accept, and agree that when riding on private property, tracks, fire trails, or any other form of traversable land, not considered a public road, that I WILL NOT be covered by any form of Compulsory Third Party, (CTP) or the benefits of CTP insurance. Consequences in the event of an accident or injury include; me being personably liable for the entire cost of any emergency services extraction, inclusive ambulance or helicopter plus any and all ongoing medical expenses related to any initial injuries and or including any costs of ongoing rehabilitation. I understand and accept that the estimate of medical costs in these circumstances are unascertainable and limitless in value. Additionally I am also responsible for the recovery costs of my own motorcycle back to my residential premises. I irrevocably accept all such personal and financial risks, and wholly indemnify the Event Provider, its employees, contractors, and associates, including all private land and property owners to the maximum extent.
5. In acknowledging the extreme risks in participating in this off-road motorcycle event, I further understand, acknowledge, and agree that I shall purchase appropriate levels of life insurance, income protection, trauma, comprehensive motorcycle, and travel insurance. I will also purchase roadside assistance. In the event I fail to establish and maintain adequate insurance and roadside assistance protection as advised by the Event Provider, I agree to irrevocably, fully, and completely indemnify the Event Provider, its staff, contractors, agents, shareholders and directors, landholders, and property owners from any and all actions that may crystallise as a result of an accident or injury I may suffer whilst participating in the Event.
6. Due to the remote nature of this event, I acknowledge and agree, that while not a mandatory requirement of the Event Provider, it is considered intellectually prudent for me to carry a Personal Locating Beacon (PLB) during the Event should I have an accident, become separated from other riders, fall behind the support vehicle, or become lost during navigation. I also understand that the Event Provider recommends, and or offers me the ability to purchase a specific kind of 406 emergency PLB, and other related safety items during the registration and check-in process. I accept and agree it is completely and solely my entire responsibility to ensure I have adequate safety equipment available to me while participating in this event.
7. I agree that I will not operate a motorcycle during the event without wearing the adequate safety equipment deemed by the Event Provider as adequate for the event. Proper safety equipment, means a compliant and approved Australian Standards helmet, displaying the Australian Standards approval sticker. In addition to an approved helmet, I agree I have been advised to wear protective, specifically designed, off-road motorcycle clothing, including a full-length riding jacket and full-length pants that include appropriate impact-absorbing inserts. Full length “Off-Road” motorcycle boots with shin and ankle protection, that are rigid and prevent ankle twisting, and knee protection devices (knee braces). I agree that the Event Provider has informed me that this type of equipment is designed to protect me in the event of an accident and that in the circumstance where I elect not to procure or wear such equipment, I do so at my own risk.
8. I agree to be entirely responsible for the control and maintenance of my own mechanically sound motorcycle for my personal use during the event and shall ensure that my motorcycle’s service schedule is up to date by the commencement date of the event. I will ensure that any scheduled maintenance service will not fall due at any time during the event. I will ensure that my motorcycle is registered and complies with any relevant state or territory laws, including any additional safety or other requirements outlined by the Event Provider.
9. I agree to adopt and embrace the primary navigational aid provided by the Event Provider as the ONLY approved form of navigation for the event. The Event Provider will supply me with a complimentary copy of the Hema Explorer App, which must be installed on my phone by the time I check into the event. I understand and agree I will need to ensure that the mobile phone I desire to use on the event has a built-in GPS within it and at least 20GB of spare memory available to install the software and maps. I further agree to ensure I have a phone mount that allows the constant view of my phone while navigating and provides permanent power to my phone to ensure it is constantly recharged and can remain on for a minimum of 8 hours per day. If I need technical assistance with the installation I have been advised to call HEMA support on 07 3349 0000
10. The Event Provider does not issue, support, or provide any other navigational aids such as GPS units or GPX files, physical route markings, or any other form of navigation on the routes. If I am not clear about the course to be followed, I will seek assistance from the Event Provider and follow any directions given by the Event Provider. In the event I am unable to view routes on a powered phone mount the Event Provider may exclude me from the event. In the event I am excluded from the event for not having the required technology available for navigation purposes, I understand, acknowledge, accept, and irrevocably agree, that I will not be provided with a refund of the event participation fee.
11. I understand acknowledge and agree that the complimentary copy of the Hema Explorer App, does not include the Pro Version of the APP. The Hema Explorer Pro Version requires an additional annual subscription of $49.95 per year, as shown in the Apple App Store and the Samsung Play store. I understand it is not compulsory to purchase the Pro Version of the App, however, it does provide me with super high-resolution maps for increased ease of navigation and the ability to share routes. I am aware that The Event Provider recommends the Pro Version be adopted and used during this entire Event for more accurate mapping.
12. I agree to submit my motorcycle and riding equipment for inspection at the event check-in for maintenance, roadworthy, and safety verification purposes. The Event Provider reserves the right to refuse my participation in the event, should the condition of my motorcycle or riding equipment not be deemed suitable or otherwise meet or exceed the Event Provider’s safety and or operational guidelines. In these circumstances, should my participation be refused, I accept and agree that no refund will be provided.
13. In the event I elect to purchase tyres from the Event Provider, I understand, accept, and agree that it is my entire responsibility to report the correct tyre sizes of my motorcycle to the Event Provider. Failure to report the correct tyre sizes, could either delay or prevent me from commencing the event. If I am unable to commence the event for any reason, including previously requesting the incorrect tyre sizes, I understand, accept, and agree that no refund or compensation of any kind will be provided to me by the Event Provider
14. I understand and agree that tyre fitting charges are applicable as follows:
    • Wheel removed and replaced by me: $30 per wheel
    • Wheels removed and replaced by Event Provider: $50 per wheel
15. I further acknowledge, understand, and agree that the Event Provider does not fit tyres that are not supplied by the Event Provider under any circumstances.
16. I hereby irrevocably agree to entirely release the Event Provider, its shareholders, directors, employees, agents, contractors, and any other third party involved in, or in any way associated with, or connected with the event. Including but not limited to; sponsors, event participants, land and property owners, and lessees, from any and all liability associated with my participation in this event. (Whether arising under statute, contract, or tort including negligence or otherwise), from any, and all actions, claims, costs, expenses, and demands in respect of death, personal injury, disability, or any kind of loss or damage. This includes but is not limited to any direct loss, any special or indirect loss or damage, or loss of profit, revenue or anticipated revenue, loss of bargain, contract, expectation or opportunity and loss of use of property, or damage to a person or property including me, my heirs, executors and administrators, spectators, guests and other persons at the event that has caused or contributed to the Event Provider, except to the extent required by law.
17. The Event Provider reserves the right, at its absolute discretion, to evict me from any stage of the event immediately, or to refuse my further participation in any stage of the event, for any non-compliance of direction, or breach of any one of the documented terms, conditions or clauses herein stated. If through my failure to abide by the terms, conditions, and clauses, I am evicted from the event, for any reason whatsoever, I understand accept and agree that no refund of any participation fees will be provided to me.
18. I further acknowledge, accept and agree, that in the event I am unable to adequately control my motorcycle, and in the event of an accident, I am unable to complete the event, I will not be provided with a refund of any amount, irrespective of the timeframe I exit the event.
19. I acknowledge that specific information relating to the event, will be made available to me both before, and during the event, via various forms including; event briefings, video recordings, email, physical print, social media, and information already available on the Event Providers website. I agree to attend each of the nightly briefings while participating in the event, and acknowledge, accept and agree that it is my entire responsibility to participate in
    such information briefings and presentations, to adequately familiarise myself with all the safety and navigational information provided to me for the next stage of the event. If in the Event Provider’s opinion I fail to attend the welcome dinner, nightly briefings, or fail to adequately familiarise myself with the information provided to the Event Providers satisfaction, or fail to comply with any aspect of these terms, conditions and clauses, my participation in the event may be immediately terminated. I acknowledge, accept, and agree that in the event I am evicted from the event for any reason whatsoever, no portion of my event participation fee will be refunded to me.
20. I agree that I am solely responsible for my actions whilst in control of, and operating my motorcycle. I hereby give an irrevocable undertaking to the Event Provider and other event participants, never to act in an unsafe manner, to speed or ride in a manner that may endanger other road users or event participants, pedestrians, or myself. I will obey the road rules of all states and territories I enter, and or additional road, event route, operational rules, or
    conditions placed upon me by the Event Provider. I shall not operate any motorcycle under the influence of any drug or intoxicating substance, or participate in any race or contest during the event.
21. I acknowledge and agree that a routes of this event includes traveling through remote areas where medical or emergency support is limited in resources, and emergency response or evacuation times may be significant or even impossible. In these circumstances, I understand my life may be at risk and I completely and irrevocably accept any and all such risk in its entirety and completely and fully indemnify the Event Provider.
22. I have been completely honest and transparent by notifying the Event Provider of any known medical conditions or allergies that are pertinent to me, and which may affect my ability to safely control a motorcycle, or which in the view of the Event Promoter if known, would otherwise prevent my participation in the event. I acknowledge accept and agree that it is not the Event Providers duty to understand my medical conditions or to provide medical advice in respect of attending the event. I have provided my medical information to the Event Provider for the sole purpose of forwarding my medical information in the event of an accident to the relevant emergency services.
23. I understand, accept, and agree that the road, and or trail/track conditions encompassing the environment of the event route, can change suddenly without warning. It is not the Event Providers or landowners’ responsibility to warn me of varying or dangerous road/trail conditions in any way what so ever. I am solely responsible for reading the diverse and ever-changing road conditions on each and every trail while in control of my motorcycle. I will constantly adjust my speed and riding style to suit the varying conditions, including stopping where necessary, to ensure safe riding practices and to avoid any accident.
24. Unforeseen severe weather conditions or other circumstances may cause the event route to be altered, or the entire event to be postponed or canceled, at the complete discretion of the Event Provider when my safety is at risk. I agree to follow any instructions provided by the Event Provider concerning any aspect of the event including accepting unavoidable postponements.
25. In the event of an accident or injury that occurs at any time during the event, I agree to immediately inform the Event Provider using emergency event contact numbers provided on the event lanyard issued to me at the event check-in. I agree to wear the lanyard at all times during the event.
26. I hereby state that I am licensed to operate the motorcycle I am using during the event, and I confirm I hold a full and current motorcycle license which is not under suspension or cancellation.
27. Only those event participants in possession of a valid motorcycle license (which upon request at any time during the event, must be produced to the Event Provider), and those who have paid the event participation fee in full, shall be entitled to participate in the event. Participation is not confirmed in the event until the Event Provider receives full payment.
28. I further understand that the Event Provider is not responsible for any of my out of pocket expenses either before, during, or after the event such as fuel tyres, repairs, or any form of damage to my person or motorcycle. I understand and agree that the term “mechanical support” extends to basic mechanical support that may be performed roadside in limited time. Mechanical support does not extend to include maintenance items or tasks such as, checking tyre pressures, lubing chains, changing air filters, oil or oil filters, etc, or any other task of general maintenance nature.
29. I agree that if my motorcycle breaks down during any stage of the event it will be towed by the Event Provider to the nearest town, after which time it is my responsibility to arrange towing to the nearest dealership or capable mechanical repairer. It is specifically noted agreed the Event Provider is not responsible for providing any form of towing or motorcycle transport service to me other than stated. It is not the Event Providers responsibility to transport my motorcycle to the end of the event or to any place of my choice. I accept that the Event Provider has strongly encouraged me to engage either NRMA or ALLIANCE roadside assistance services to cover my motorcycle activities prior to attending this event.
30. I understand and agree that emergency fuel, acquired from the Event Provider is not included in the participation fee and that any emergency fuel I require, which is issued to me on the route must be purchased from the Event Provider at a price deemed suitable by the Event Provider.
31. I understand that breakfast daily includes an egg and bacon roll, cereal, toast, tea, and coffee. Lunch is either a sandwich or bbq and a single bottle of water. I acknowledge that all other dinners on the route during the event are my financial responsibility and expense.
32. I agree and accept that the Event Provider reserves the right to postpone, terminate or cancel the event without consultation with me, including changing the event date or route at any time, for any reason and that in this extreme situation, I accept and agree that no refund will be provided to me. The Event Provider will reschedule any postponed event, which I shall be permitted to attend for no additional cost.
33. I may withdraw my participation from the event at any time by notifying the Event Provider in writing by email to; adventure@mototrekkin.com.au. In case of withdrawal, a cancellation fee is payable as follows:
    • More than sixty days notice 75% cancellation fee
    • Less than sixty days notice 100% cancellation fee.
34. I understand, accept, and agree that the Event Provider is entitled to charge the above cancellation fees representative of my chosen package as selected at the time of online registration. In the event, I have only paid a deposit to attend the event, and for any reason, I withdraw my participation from the event before commencement, within sixty days. I agree that the Event Provider will invoice me for the balance of the total event fee. I hereby provide an irrevocable personal and financial assurance to the Event Provider that I will pay any such invoice within seven days of receiving the Event Providers invoice.
35. The event will be conducted in almost all weather conditions including wind and rain but excluding extreme or severe weather events that may jeopardise participants or support team safety. In the event of extreme weather such as cyclones, severe flooding, fire, hail, or any other weather or another phenomenon beyond the control of the Event Provider, the Event Provider may postpone and reschedule the event at the Event Providers complete discretion which I may attend.
36. In the event of even the slightest adverse weather conditions such as light rain, I agree that I continue to participate at my own risk, acknowledging that adverse weather conditions may present an even greater risk of accident, injury or death. I am aware that I am not required to participant in adverse weather conditions of any kind, and may request to attend the next scheduled course at no additional cost.
37. I shall not ride, or attempt to ride my motorcycle in adverse weather conditions that may be above my current skill level. I understand, accept, and agree that it is not the Event Provider’s responsibility to advise me not to ride. It is entirely my responsibility not to ride if the conditions are not suitable for me.
38. The Event Provider may, at any time, transfer its rights and obligations under this agreement, to an alternative supplier to conduct the event.
39. I understand that the Event Provider collects personal information to conduct the event under the Privacy Act, along with safety and privacy policies developed by the Event Provider. If the personal information requested by the Event Provider is not provided by me, either at the time of event registration or any other time as required by the Event Provider, I will not be able to participate in the event. I agree that the Event Provider may use or disclose my personal information only in the case of a life-threatening event, or to ensure my safety whilst participating in the event. I can request to access, update or correct any personal information by contacting the Event Provider at: adventure@mototrekkin.com.au.
40. I consent to the Event Provider using my name, likeness, image, and/or voice (including photograph, film, and/or
    recording of the same) in any media for an unlimited period without remuneration to promote the event, future events, and or promoting any products manufactured, distributed and/or supplied by the Event Provider. In essence, I hereby provide an irrevocable talent wavier that is enduring and shall not end. I agree that photographs and video footage may only be taken at the event for my personal use unless the Event Provider has provided written permission before the event commencement. Video recording of event briefings, or functions including welcome and farewell dinners is strictly prohibited, and may not be used for any commercial or advertising purpose whatsoever, without the express written permission of the Event Provider.
41. I acknowledge that if any provision, term, or clause of this Participation and Indemnity Agreement be deemed unenforceable by any appropriate court, then the remainder of the agreement shall be considered enforceable. I have entered into this agreement and provide the required indemnities of my free will and mutual understanding with the Event Provider, after being given ample opportunity to view, read, and understand the contents of this document. I also irrevocably agree that I have been provided with the time and opportunity to seek legal advice before agreeing and signing this agreement within this agreement.