BREAK THE BOUNDARY INC.
(ABN 51 912 474 213)
Membership Terms, Conditions and Agreement
‘Membership Application’ refers to the online registration form on Break the Boundary 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.
‘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’, ‘we’ and ‘us’ 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. activities, services, clinics, events and functions.
‘Personal information’ refers to sensitive information as defined in the Privacy Act 1988 (for example, health status, ethnic origins, membership of a trade or professional association).
By submitting an application to become a general member (Non-participant, Participant or Associate) you agree, without exemptions, to all the Membership Terms, Conditions and Agreement in this document.
2. MEMBERSHIP TYPES
2.1. Non-Participant Member(s)
An individual who is a General Member and may not take part in official Break the Boundary Inc. activities, clinics, events and functions.
2.2. Participant Member(s)
An individual who is a General Member and may take part in official Break the Boundary Inc. activities, clinics, events and functions.
2.3. Associate Member(s)
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.
3. MEMBERSHIP PROCESS
3.1. 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.
3.2. 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.
3.3. 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.
3.4. 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.
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.
4. CODE OF CONDUCT
Members of Break the Boundary shall adhere to the following code of conduct at all times:
– 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 or Officials.
– Respect the reasonable privacy and space of other participants and attendees.
– Treat another person’s property with consideration and respect, avoiding 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 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 managers.
– 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 eject 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.
5. DRUGS AND ALCOHOL POLICY
It is Break the Boundary Inc.’s policy that during activities, clinics, events and functions, and where permitted, 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 any official Break the Boundary Inc. activity, clinic, event or function.
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.
Officials of activities, clinics, events and functions reserve the right, to their discretion, to eject and terminate any participation of Members or persons who are not conducting themselves in accordance with these terms and the Code of Conduct.
6. MEDIA RELEASE
You hereby acknowledge and agree to have photos and videos of yourself taken during official activities, clinics, events and functions for publication purposes and use by Break the Boundary Inc. This may include:
a) Official Break the Boundary Inc. photographers, Officials and Volunteers,
b) Third-party event contractors and representatives.
c) Public news and media associations – separate release form may be required.
d) Other parties identified 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 taken and or published, you will inform Officials at the earliest possible time.
Officials and media personnel shall respect any requests by participants or attendees to not have photo, video and or audio recordings taken.
Break the Boundary Inc. is committed to ensuring the privacy of the information members and other individuals provide to us. Break the Boundary Inc. will:
a) not collect personal information unless we consider it necessary to provide services.
b) not use or disclose personal information about an individual for a purpose other than,
i. the purpose for which it was collected.
ii. a related purpose which the individual would reasonably expect.
iii. a purpose required or permitted by law.
iv. a purpose for which we have obtained the consent of the individual.
c) take all reasonable steps to make sure that the personal information we collect, use or disclose is accurate and up to date.
d) take all reasonable steps to protect and safeguard the personal information we collect.
e) make available our policies on our management of personal information.
f) provide individuals with access to their personal information that we hold, except where we are required or entitled by law to refuse access.
7.1. Collecting information
We will only collect personal information if it is necessary for us to do so. We may collect information when (but are not limited to):
a) processing membership application forms and any subsequent amendments.
b) dealing with any request or application for products or services.
c) in connection with suppliers in respect of services provided to members.
d) presenting seminars, conducting workshops or other functions.
e) dealing with certain government agencies.
f) required by law.
g) required by relevant sporting and recreation national bodies or organisations.
We collect personal information in person, in writing, by telephone, through our website and through other methods of communication with our members. We will inform you of the purpose for collecting personal information.
7.2. Disclosure of personal information to third parties
We do not disclose personal information to third parties unless it is reasonable to expect that information would be provided in the course of or incidental to the provision of products and/or services by us. We may also disclose information where legally required under the Privacy Act 1988.
7.3. Access to Register of Members and your personal information
Requests for access to your personal information should be made in writing to us. If you believe that any information that we hold about you is inaccurate or out of date, please contact us and we will review and update the relevant information.
Under Rules of Break the Boundary Inc. – Section 13 and in accordance with the Associations Act 2015 (WA) – Section 53, Members have the right to view and obtain a copy of the Register of Members. Information may be limited to protect personal information of others. A statutory declaration will be required to be submitted in accordance with the Rules.
8. MOUNTAIN BIKING ACTIVITIES
8.1. Helmet policy
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, 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.
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.
– S. 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 a requirement of participation that such helmets be used while operating a mountain bike (adaptive or otherwise).
8.2. Assumption of risk
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, you agree to the following assumption of risk:
I am aware that mountain biking and it’s 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.
9. WAIVER OF LIABILITY
By submitting your Application for Membership to Break the Boundary Inc. online or in writing, you agree to the following Waiver of Liability:
I hereby release and forever discharge from all liability, 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:
a) 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.
b) 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.
c) 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.
d) By becoming a Member of Break the Boundary Inc. I may not be covered for personal injury and may be liable for associated medical costs.
e) It is my responsibility to investigate and obtain the appropriate personal injury and private health care insurance cover prior to attending any official Break the Boundary Inc. activities, clinics, events and functions or receiving any services or support.
f) It is my responsibility to investigate and obtain the appropriate contents insurance for my personal belongings, assets, possessions and property which I bring to official Break the Boundary Inc. activities, clinics, events and functions.
g) I am, at my own expense, responsible for the security, safe-keeping and prevention of theft, damage or loss to my personal belongings, assets, possessions and property.
I hereby acknowledge that by becoming a Member, 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 16 years of age at the time of completing this registration, and that if I am under 16 years of age, a parent or guardian is registering on my behalf.
By submitting my application for membership, I agree that all details on the application are true and accurate to the best of my knowledge.
By submitting my application for membership electronically and checking the electronic Membership Agreement declaration on Break the Boundary Inc.’s website, I agree that the submission is equivalent to my written signature.