Terms of Use

Terms & Conditions

I (“I” or in appropriate contexts “me” or “my”) desire to participate in the activities involved in the Breaths and Beats Ride (the Activity) provided by the Heart and Lung Research Institute WA Inc (HLRI) and its Releasees (defined below), partners, affiliates and associates. As lawful consideration of the intangible value that I will gain by participating in the Activity and in recognition of HLRI’s reliance hereon and other good and valuable consideration, receipt of which is hereby acknowledged, I agree to all terms contained in this Terms and Conditions document (together with any documents or policies referred to herein).

1. HLRI will hold the Breaths and Beats Ride on April 21st at Sir James Mitchell Park, South Perth. You agree to attend the Breaths and Beats Ride at the above agreed time and place.
2. Entry to the Breaths and Beats Ride will be provided to you at the cost of an entry fee of $120.00 AUD.
3. You acknowledge that the Breaths and Beats Ride will involve moderate to high intensity physical activity, which carries with it inherent risks. You agree to assume the risks, exclusion and release of liability and indemnity below.
4. HLRI will arrange for the Breaths and Beats Ride to be recorded and published. All videos, photographs, sound recordings, documents, materials or content in any form generated from the Breaths and Beats Ride, and the intellectual property rights therein, will be the property of HLRI. 
5. You agree that HLRI may post the Content to its social media channels and otherwise use the Content as it sees fit, and may also authorise others to do so.
6. HLRI may provide you with copies of some or all of the Content arising from the Breaths and Beats Ride. Where it does so, you may post that Content to your social media channels.  
7. If HLRI provides you with copies of some or all of the Content arising from the Breaths and Beats Ride, HLRI hereby grants you a non-exclusive royalty free licence to use the Content solely for the purposes, and subject to the limitations, set out in 6.
8. Without limiting 4 or 5, you agree that: Without limiting 4 or 5, you agree that:
   – any rights that you may otherwise have in the Content (including all intellectual property rights) will be deemed automatically assigned and transferred by you to HLRI by this agreement, and you will execute any documents reasonably necessary to confirm this fact; 
   – HLRI may post the Content to their respective social media channels, or otherwise use the Content, without needing to seek any further approval from you; 
   insofar as your likeness forms part of the Content:- HLRI (and other parties authorised by HLRI) may use and exploit your likeness as it appears in the Content for advertising, promotion, commercial, financial or business purposes; 
   you provide HLRI with your absolute and unconditional consent, waiver, and release of liability, allowing HLRI (and other parties authorised by HLRI) to publicise and commercially exploit your likeness as it appears in the Content; and
   you warrant that:- you have not provided any other party with the exclusive ability to use and exploit your likeness; and use and exploitation of your likeness by HLRI in accordance with this agreement including this clause 8(c) will not cause you to be in breach of any other agreement; and
   HLRI will not provide you with any payment in respect of:- its use of the Content (or use or exploitation of your likeness in accordance with clause 8(c)); or your publication of the Content to your social media channels in the manner permitted by clause 6.
9. Third party media organisations may be present at the Breaths and Beats Ride at the invitation of HLRI. If this is the case, you may be provided with the option to provide content relating to the Breaths and Beats Ride (which may or may not include Content) to the external media organisations on terms to be agreed between you and the media organisation. Should you agree to do so, then you acknowledge that HLRI is not responsible for the conduct of, or content published by those organisations, and you agree not to make any claim against HLRI in this respect.
10. Collection, use and storage of all personal information by HLRI in connection with its business is governed by HLRI’s privacy policy which is available on HLRI’s website (https://www.hlri.org.au).
    Assumption of Risk
11. I understand, accept and acknowledge that:
    – the Activity involves exercising, physical activity and use of fitness equipment;- using fitness equipment, exercising and other physical activities involved in the Activity is physically demanding and should only be attempted by a healthy individual and in consultation with and advice from a medical professional; – use of fitness equipment, exercising and other physical activities involved in the Activity are inherently dangerous activities and involve risks of serious injury, disability, death, any physical or mental injury (including the aggravation, acceleration or recurrence of such an injury) or the contraction, aggravation or acceleration of an individual’s disease, or the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual, that is or may be harmful or disadvantageous to an individual or the community, or that may result in harm or disadvantage to an individual of the community, and property damage (Risks);- increased and/or additional risks of the matters in paragraph (d) exist where otherwise healthy individuals have pre-existing medical conditions and participate in the Activity (Additional Risks).- participation in the Activity may involve me encountering others, including but not limited to others participating in the Activity, who have COVID-19 or other infectious or communicable diseases, or who are infected with the virus that causes COVID-19 or other viruses but who exhibit no symptoms of infection or an infectious disease, which could result in me having serious medical conditions requiring medical treatment in a hospital, quarantine or other measures according to government directives, and could possibly lead to serious injury or death (Covid-19 Risks).- the provision of this document to me constitutes a risk warning given to me by HLRI for the purposes of section 5I of the Civil Liability Act 2002 (WA).
12. I acknowledge that the activities involved in the Activity are recreational activities for the purposes of section 5E of the Civil Liability Act 2002 (WA), and that provision of the Activity by HLRI is a recreational service for the purposes of section 139A(2) of the Competition and Consumer Act 2010 (Cth) and section 5J(7) of the Civil Liability Act 2002 (WA).
13. I acknowledge that any injury, damage or loss that I sustain may also result from or be compounded by the actions, omissions, or negligence of HLRI, including negligent emergency response or rescue operations. 
14. Notwithstanding the Risks, Additional Risks and Covid-19 Risks, I acknowledge that I am voluntarily participating in the Activity, at my own risk, with knowledge of the Risks, Additional Risks, Covid-19 Risks and danger involved and hereby agree to accept and assume any and all risks, including the Risks, Additional Risks and Covid-19 Risks arising from my participation in the Activity, whether caused by the negligence of HLRI or otherwise.
15. I am aware and understand that I am not permitted to allow others (including for example, my spouse, children, relatives or friends) who are unauthorised by HLRI to use the fitness equipment or participate in the Activity. Where I do so, I am solely responsible for those individuals and HLRI takes no responsibility.
    Exclusion and Release of Liability
16. To the maximum extent permitted by applicable law, HLRI excludes all liability in contract, tort or otherwise for any and all loss (including consequential loss), damage, disappointment, delay, costs, expenses or inconvenience whatsoever and however occurring (including but not limited to personal injury, disability, death, any physical or mental injury and property damage or loss) that may arise out of, in connection with, or related to the Activity and/or my participation in the Activity.
17. I on my own behalf and for my heirs, executors, administrators and assigns, hereby expressly waive and release any and all claims, arising now or in future, whether presently known or unknown, in any jurisdiction, against HLRI, and its officers, directors, manager(s), employees, agents, affiliates, shareholders, successors, and assigns (collectively, Releasees), in connection with any injury, personal injury, disability, death, any physical or mental injury and property damage or loss (whether or not I knew of the risk of the same) arising out of or attributable to my participation in the Activity, whether or not arising out of pre-existing medical conditions or negligence of HLRI or of any Releasees or otherwise. 
18. I covenant not to make or bring any such claim against HLRI or any other Releasee, and forever release and discharge HLRI and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, wilful misconduct, or any other liabilities that relevant law does not permit to be released by agreement.
19. To the extent that HLRI’s provision of the Activity is a supply of a recreational service by HLRI under the Competition and Consumer Act 2010 (Cth), I acknowledge that, pursuant to section 139A of the Competition and Consumer Act 2010 (Cth) and for the purposes of section 5J of the Civil Liability Act 2002 (WA), I release and discharge HLRI from, and HLRI is not liable for, any and all claims, loss (including consequential loss), damage, costs and expenses arising from death, physical or mental injury (including the aggravation, acceleration or recurrence of such an injury) or the contraction, aggravation or acceleration of mine or any individual’s disease, or the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to me or any individual, that is or may be harmful or disadvantageous to me, any individual or the community, or that may result in harm or disadvantage to me, any individual of the community, however caused, even if caused by negligence or lack of due care and skill other than reckless conduct of HLRI arising from or connected with the supply of or participation in the Activity.
20. The release above is intended to exclude my rights under the provisions of Subdivision B of Division 1 of Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010 (Cth).
21. I acknowledge that the provisions of Subdivision B of Division 1 of Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010 (Cth) do not apply to the provision of the Activity by HLRI to the extent it is recreational service under the Competition and Consumer Act 2010 (Cth), that I waive any rights which may otherwise be conferred by those provisions and that any HLRI has no liability for failure to comply with a guarantee that would otherwise apply under Subdivision B of the Competition and Consumer Act 2010 (Cth).
22. The limitations of liability set out in these Terms and Conditions are subject to and will not apply to the extent that they limit or exclude any consumer guarantees that cannot be excluded by law. 
23. I shall defend, indemnify, and hold harmless HLRI and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under these Terms and Conditions, and the cost of pursuing any insurance providers, incurred by Releasees in a final, non-appealable judgment, arising out of or resulting from any claim of a third party related to my participation in the Activity, including any claim related to my own negligence or the negligence of HLRI.
24. These agreed Terms and Conditions (together with any documents or policies referred to herein) constitute the sole and entire agreement between HLRI and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous discussions, negotiations, understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
25. If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
26. Each term of provision of these Terms and Conditions will be read as separate and severable so that if any provision is void or unenforceable for any reason, that provision will be severed and the remainder will be construed as if the severed provision had never existed.
27. These Terms and Conditions are binding on and shall inure to the benefit of HLRI and me and our respective successors and assigns. All matters arising out of or relating to these Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia without giving effect to any choice or conflict of law provision or rule (whether of Western Australia or any other jurisdiction). Any claim or cause of action arising under these Terms and Conditions may be brought only in the federal and state courts located in Western Australia and I hereby consent to the exclusive jurisdiction of such courts.
28. These Terms and Conditions shall be binding on you, your family, your heirs, and any attorney, agent, executor, trustee, representative, or assignee. You hereby agree to indemnify and hold harmless HLRI for any claims against HLRI by any member of your family, your heirs or assigns, your estate, your employer, or by any other person for whom or to whom you are or may be responsible, whether at law or otherwise. 
29. I acknowledge that I have read and understood all of the terms of the Terms and Conditions, and that I am, of my own free will, voluntarily giving up substantial legal rights, including the right to sue HLRI, its Releasees, partners, affiliates and associates in relation to the Activity.