BREAK THE BOUNDARY INC. (ABN 51 912 474 213)

Membership terms, conditions and agreement.

 

1.0       Definitions

Membership Application refers to the online registration form on Break the Bounday Inc.’s website.

General Member(s) refers to non-executive individuals who do not bear office at Break the Boundary Inc. or who are not Break the Boundary Inc. Management Committee Member’s.

Member(s) refers to General Members of Break the Boundary Inc. under the Rules of Break the Boundary (constitution). General Members fall under the sub-categories of Non-Participant, Participant, Associate or Volunteer. Members have the right to attend Annual General Meetings, vote and discuss maters as per the Rules of Break the Boundary.

Non-Participant(s) or Non-Participant Member(s) refers to an individual who is a General Member and may not take part in official Break the Boundary Inc. activities, clinics, events and functions.

Participant(s) or Participant Member(s) refers to an individual who is a General Member and may take part in official Break the Boundary Inc. activities, clinics, events and functions.

Associate(s) or Associate Member(s) refers to an individual who is a General Member and may take part in official Break the Boundary Inc. activities, clinics, events and functions. Associate members also have access to Break the Boundary Inc. resources published online.

Volunteer(s) refers to an individual who is a General Member that has been given authority by Break the Boundary Inc. Officials to assist in the operations of Break the Boundary Inc. including preparation and assistance at official Break the Boundary Inc. activities, clinics, events and functions. Individuals require the authority by the Management Committee or Managing Director before becoming a member.

Officials refers to a Break the Boundary Inc. individual who is a current Management Committee Member, Managing Director or any volunteer or personnel authorised to act on behalf of Break the Boundary Inc. to the capacity relevant at Break the Boundary Inc. clinics, events and functions.

Rules of Break the Boundary Inc. refers to the constitutional rules which Break the Boundary Inc. Management Committee is governed by under the Incorporation Act 2015 . Download here.

2.0       General

By submitting an application to become a general member (Non-participant, Participant or Associate) you agree, without exemptions, to the Membership Terms, Conditions and Agreement in this document.

3.0       Code of Conduct

All Members shall abide by the below behaviours and Code of Conduct during all official Break the Boundary Inc. events and functions. Member’s shall adhere to the following code of conduct at all times during an activity, clinic, event or function:

  • Follow all verbal and written instructions and requests given by Break the Boundary Inc. Officials and coaches, land managers, evacuation marshals and emergency service personnel during activities, clinics, events and functions.
  • Refrain from unnecessary dissension, displeasure or disapproval with Officials and Organisers decisions, rulings or instructions.
  • Refrain from any form of abuse, harassment or discrimination towards others.
  • Treat people with courtesy, respect and have proper regard for their rights and obligations and respect the spirit of fair play and non-violence.
  • Not denigrate or intimidate other participants, attendees, Officials or event organisers.
  • Respect the reasonable privacy and space of other participants and attendees.
  • Treat another person’s property with consideration and respect, ensuring to avoid conduct and behaviours which may adversely affect or damage others property or possessions.
  • Respect and abide by the local customs of the hosts and land managers.
  • Not make statements or take part or otherwise participate in demonstrations (whether verbally, in writing or by any other act or omission) regarding political, religious or racial matters or any such matters which are prejudicial to or contrary to the objects, purposes or interests of Break the Boundary Inc.
  • Behave at all times in a manner that upholds the highest standards of integrity and dignity so as not to bring Break the Boundary Inc. or its activities into disrepute.
  • Be an ambassador and positively promote inclusion of others at all times.
  • Refrain from smoking on event grounds.
  • Drink and behave responsibly when and where permitted by event and land managers and owners.
  • Not attend activities, clinics, events and functions, in part or whole, in a condition impaired by alcohol or illicit drugs.
  • Inform Officials of any medical complications and conditions that impair your ability to participate and function in activities, clinics, events or functions
  • Provide and maintain your own form of personal injury insurance.

To their discretion, Officials reserve the right to evict Members and participants from Break the Boundary Inc. activities, clinics, events and functions due to behaviour that is not in accordance with the Code of Conduct.

4.0       Drug and alcohol policy

It is Break the Bounday Inc.’s Policy for activities, clinics, events and functions that alcohol is strictly and only consumed on the designated grounds and by persons over the age of 18 years. Participants and attendees under the age or 18 years are strictly prohibited from being provided or supplied alcohol and prohibited from consuming alcohol at any time during an official Break the Boundary Inc. activity, clinic, event or function.

Event Officials shall not provide or supply alcohol at activities, clinics, events and functions at any time, either in-kind or otherwise.

A zero-tolerance towards abuse, misconduct and aggressive or intimidating behaviour towards others of any sort will be adhered to at all times.

The Officials of activities, clinics, events and functions reserve the right, and to their discretion, to eject and terminate any participation of Members or persons who are not conducting themselves in accordance with these terms and conditions, and the Code of Conduct.

5.0       Helmet policy (mountain biking activities)

It is the policy of Break the Boundary Inc. that helmets must be worn by all Members and participants at all times when riding a bike or adaptive bike at Break the Boundary Inc. activities, clinics, events and functions

All Members and participants, whether registered for coaching, support riding, assisting or taking part in activities, clinics, events and functions on any form of mountain bike, including adaptive mountain bikes, must wear a certified helmet to the following standard:

Any open face helmet meeting A82063 or any full faced helmet meeting AS2063 or helmets meeting AS2063 with detachable mouthpieces will be permitted.

The list of standards that Break the Boundary Inc. will accept as an international equivalent to the Australian/New Zealand Standard 2063 are as follows:

  • NSI Z90.4.
  • Snell “B” or “N” series.
  • ASTM F-1447.
  • Canadian CAN/CSA-D113.2- M.
  • CPSC standard for bicycle helmets.
  • European CEN standard for bicycle helmets (EN1078).

Other international standards may be added however if not explicitly listed above or in any supplementary regulations, are not permitted for use.

Any use of visors shall be detachable from the helmet.

It is important to recognise that the Australian Standard A82063 is considered to be one of the toughest in the world to pass and thus it is requirement of participation that such helmets be used while operating a mountain bike (adaptive or otherwise).

6.0       Media release

By registering, you hereby acknowledge and agree to have photos and videos of yourself taken during the activities, clinics, events and functions for publication purposes and use by Break the Boundary Inc.This may include:

  • Official Break the Boundary Inc. photographers,
  • Third-party event contractors and representatives.
  • Event Officials and volunteers.
  • Public news and media associations – separate release form may be required.
  • Other parties identified and communicated by Officials during activities, clinics, events and functions.

By becoming a Member of Break the Boundary Inc. you permit the above to use any photograph(s), video recording(s) and or audio recording(s) therefrom and any other reproductions or adaptations therefrom either complete or in part alone or in conjunction with any wording and/or drawings for all uses including publicity and/or merchandising and/or editorial purposes in Australia.

By becoming a Member of Break the Boundary Inc. you do not have any interest in the copyright to the photograph(s), video recording(s) and or audio recording(s) nor shall you receive any payment.

You acknowledge and agree that if at any time you chose not to have photos, audio or video recording of yourself taken and or published, you shall inform Break the Boundary Inc. Officials at the earliest time.

Officials and media personnel shall respect any requests by participants or attendees to not have photo, video and or audio recordings taken.

8.0       Membership

8.1       Membership application eligibility and approvals

Break the Boundary Inc. reserves the right to not accept or approve Membership applications if they do not meet the eligibility provisions under Rules of Break the Boundary Inc. PART 3, Division 1 – Membership.

8.3       Cancellation by Break the Boundary Inc.

In accordance with Rules of Break the Boundary Inc., PART 3, Division 2 – Disciplinary action, Membership may be cancelled by Break the Boundary Inc.’s committee.

8.2       Cancellation by applicant (persons applying for membership)

Members of Break the Boundary Inc. can, at any time, apply to cease their Membership under Rules of Break the Boundary Inc. Section 9.

Break the Boundary Inc. shall be informed in writing by the Member and with explanation of the cancellation request.

8.4       Payment of membership fees

Once the Membership application has been submitted all fees payable by the due date shall be made in accordance with Rules of Break the Boundary Inc. PART 3, Division 2 – Membership fees.

8.5       Disputes

If a member has any grievances with the Break the Boundary Inc., disputes may be resolved under Rules of Break the Boundary Inc. PART 4, Division 3 and 4.

9.0    Declaration

By submitting your Application for Membership to Break the Boundary Inc. online or in writing, you agree to the following Declaration and that all details on your electronic submission are true and accurate to the best of your knowledge.

I hereby acknowledge that by submitting an application for membership, I agree to the above standards, policies, terms and conditions during Break the Boundary Inc. activities, clinics, events and functions.

I declare that I am over 15 years of age at the time of completing this registration, and that if I am under 15 years of age, a parent or guardian is registering on my behalf.

In consideration of Break the Boundary Inc. accepting an application for membership, and participating in activities, clinics, events and functions which may involve a significant risk of physical or mental harm, I agree to this release of claims, waiver of liability and assumption of risk.

I am aware that mountain biking, trail walking, use of beaches and parks, and their adaptive forms, both for sporting and recreational purposes, for people with and without pre-existing disabilities or impairments may involve, in addition to usual and inherent risks, personal injury, obvious risk and danger to myself, the possibility of injury and harm and physical exertion for which I may not be prepared, remoteness to normal medical service, weather extremes subject to sudden and unexpected change and evacuation difficulties if I am adversely disabled or incapacitated.

I accept all of the inherent and obvious risks and that mountain biking, trail walking, use of beaches and parks, and their adaptive forms, both for sporting and recreational purposes are dangerous recreational activities. I accept the possibility of personal injury, death, property damage or loss resulting therefrom.

I acknowledge that the enjoyment and excitement of mountain biking, trail walking, use of beaches and parks, and their adaptive forms, both for sporting and recreational purposes is derived in part from the inherent risks incurred by the activities beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement being a reason for my participation.

I hereby release and forever discharge from all liability and agree not to sue Break the Boundary Inc. and its officers, employees, coaches, volunteers, agents, contractors, public bodies, land holders and sponsors from any and all claims, suits, demands, expenses, costs, damages or proceedings of any nature whatsoever arising from any personal injury, death, property damage or loss sustained by me as a result of my participation in the event.

I hereby indemnify and hold harmless Break the Boundary Inc. and its officers, agents, contractors and sponsors from and against all claims, suits, demands, expenses, costs, actions and proceedings of any nature whatsoever arising from any injury, loss or damage sustained by me or any injury, loss or damage suffered by any other person as a result of any act, omission, neglect or default on my part in connection with my participation in activities, clinics, events and functions involving mountain biking, trail walking, use of beaches and parks, and their adaptive forms, both for sporting and recreational purposes.

I further acknowledge and agree that:

  1. If I suffer injury during activities, clinics events and functions, Break the Boundary Inc. can arrange medical treatment and emergency evacuation services as Break the Boundary Inc. deem essential for my safety and that I am responsible for those costs.
  2. The details of my injuries and of my treatment can be released to an authorized officer of authorised representative from Break the Boundary Inc. upon request.
  3. I will advise Break the Boundary Inc. Officials if I have a specific medical condition that may affect my safety or the safety of others.

By submitting your application for membership electronically and checking the electronic Membership Agreement declaration on Break the Boundary Inc.’s website, you hereby agree by way of equivalently signing in writing.