TERMS AND CONDITIONS

1. ACCEPTANCE

1.1 This Agreement is between Bullrush Rally Pty. Ltd. ABN 62 639 256 116 (referred to as “we”, “us” or “our”) and the Entrant described in the Event Proposal (referred to as “you” or “your”), and collectively the Parties.

1.2 You have requested the services set out in the attached Event Proposal (Services). You agree and accept that our Services are provided to you on these Event Terms and Conditions (Terms).

1.3 You accept our Event Proposal and Terms by:

(a) signing and returning the Event Proposal;

(b) confirming by email that you accept the Event Proposal; or

(c) making part or full payment for the Services.

1.4 We will not commence performing our Services until you have paid the Deposit.

2. SERVICES

2.1 We agree to perform the Services set out in the Event Proposal with due care and skill.

2.2 The estimated period for us to perform the Services is set out in our Event Proposal.

2.3 We will provide the Services to you only. Entry to our Event is non-transferable unless the transfer is approved by the organisers of the Event (Organisers) no less than thirty (30) days prior to the Start Date. We have absolute discretion whether or not to approve a transfer of entry.

2.4 We may provide the Services to you using our employees and contractors and they are included in these Terms.

2.5 Suppliers of third party services who are not an employee or our direct contractor (Third Party Services) will be your responsibility. We are not responsible for the quality of service provided by suppliers of Third Party Services. You must make direct arrangements with them.

2.6 You acknowledge and agree that:

(a) you will provide any meals outside of breakfast and dinner; and

(b) you are responsible for all costs and expenses associated with your vehicle, including, but not limited to, petrol, transportation, and breakdown or repair services.

3. ITINERARY AND ACCOMMODATION

3.1 An itinerary which sets out the general arrangements and day-to-day activities for the Event (Itinerary) will be made available to you no later than one (1) week prior to the Start Date.

3.2 Accommodation will be organised for you at every destination.

3.3 There will be one (1) room for each team of two (2) comprising of a driver and co-driver, and (1) room for each driver only team (Team).

3.4 When you are checking-in to any accommodation, your credit card must be provided as a security guarantee against all and any extras such as room service and any damage to the hotel property. Any such costs incurred must be paid for by you before check-out or such costs will be debited from your credit card automatically.

4. PRICE, INVOICING AND PAYMENT

4.1 You agree to pay us any Deposit and the fees, including any other payments and expenses, for the Services that you have requested, as set out in the Event Proposal. All amounts are stated in Australian dollars.

4.2 If the balance amount is not paid prior to the relevant payment date as set out on the Event Proposal, you are deemed to have forfeited your entry to our Event and you will not be able to participate in our Event. Your Deposit is non-refundable.

4.3 All payments made to us are final and non-refundable, subject to the following cancellation terms:

(a) If you cancel more than 90 days prior to the Event Start Date, we will refund all amounts paid minus the Deposit.

(b) If you cancel between 60-89 days prior to the Event Start Date, we will refund 50% of the total amount paid, minus the Deposit.

(c) If you cancel less than 30 days prior to the Event Start Date, no refunds will be issued.

4.4 For the avoidance of doubt, the Fee only covers the Services as set out on the Event Proposal. The Fee does not include any petrol or gas, telephone bills, expenses incurred at the venues where you will be staying or where activities are hosted, getting to and from the Event, and any other costs or expenses incurred throughout the Event.

4.5 Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion. The pricing changes will apply to you for services provided to you after the date of the change. All other changes will apply from the date that the amended or new Terms are posted on our website or are provided to you, whichever is earlier.

5. SPONSORSHIP

5.1 You acknowledge and agree that for entry to the Event, you will be required to place the names, marks and logos of our sponsor/s (Sponsor Logos and Decals) in designated positions on your vehicle and clothing as instructed by us.

5.2 We will create the Sponsor Logos and Decals and place these on your vehicle on the Start Date.

5.3 If you arrive at or attempt to participate in our Event with your vehicle displaying Sponsor Logos or Decals which have not been approved by us, you will be required to remove all Sponsor Logos and Decals immediately, failing which you will be refused to access any of our Services and participation in any part of the Event.

6. YOUR OBLIGATIONS AND WARRANTIES

6.1 You warrant that throughout the term of this Agreement that:

(a) you meet all the Requirements for Entry;

(b) there are no legal restrictions preventing you from agreeing to the Terms;

(c) you will cooperate with us and complete all the necessary forms, provide us with information, and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Services;

(d) the information you provide to us is true, correct and complete;

(e) you have the necessary insurance for you personally and for your vehicle;

(f) you will abide by all the Special Requirements as set out in these Terms;

(g) you will not infringe any third party rights in working with us and receiving the Services, including in displaying the Sponsor Logos and Decals;

(h) you will inform us if you have reasonable concerns relating to our provision of Services under the Terms, with the aim that we and you will use all reasonable efforts to resolve the concerns;

(i) you are responsible for obtaining any consents, licence’s and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licence’s and permissions;

(j) you consent to the use of your name and Intellectual Property in relation to the Services in a way which may identify you;

(k) if applicable, you have a valid ABN which has been advised to us; and

(l) if applicable, you are registered for GST purposes.

7. SPECIAL REQUIREMENTS

7.1 In order to ensure your safety throughout the duration of the Event, you must:

(a) treat all of our representatives and other entrants with respect and courtesy;

(b) abide by the rules of any activities and venues which are associated with the Event;

(c) drive safely and with proper courtesy to all other entrants and members of the public;

(d) participate in the same vehicle from the start to the end of the Event unless the vehicle is damaged or has mechanical faults;

(e) comply with all relevant road rules; and

(f) comply with all applicable laws and regulations of the places in which you are driving.

7.2 This Event is not a race or competition. You must not:

(a) race or compete with the other entrants;

(b) drive if you are feeling ill or have had inadequate rest;

(c) drive recklessly or with indifference to the safety of other entrants and members of the public;

(d) drive under the influence of alcohol; or

(e) use any illicit drugs or substances at any time during the Event.

7.3 Throughout the Event, a breathalyser unit may be provided for use prior to departure each day. You acknowledge and agree that this unit is to be used only as a guide of blood alcohol content and we accept no responsibility or liability for any failure of this unit or inaccurate readings provided by the unit.

7.4 If you breach any of the conditions under this clause, we reserve the right to prohibit your Team from continued participation in the Event, terminate these Terms immediately and request that your Team leave our Event.

8. RISKS

8.1 You acknowledge and agree that it is a condition of participating in our Event and that you do so at your own risk.

8.2 You accept that participation in the Event involves known and unanticipated risks. Participation in the activities of the Event may result in serious injury or even death from various causes. You understand that such risks may not be able to be eliminated without compromising some essential qualities of the activities, which comprise part of the Event. Some of the risks which may be present, or may occur include, but are not limited to:

(a) accidents and accidental, negligent or deliberate acts by other entrants or third parties;

(b) failure of any equipment, climbing, or construction;

(c) injuries inflicted by animals, insects, reptiles, or plants;

(d) natural forces including, but not limited to, lighting, weather changes, hypothermia, sunburn, high winds;

(e) dehydration, physical exertion and stress associated with the activities;

(f) emotional trauma; and

(g) any other personal injuries sustained during the activities.

8.3 We aim to provide a safe, enjoyable and memorable experience for all entrants. However, our Event is designed for people with a particular physical ability and we ask that you consider the following before you make payment for our Services:

(a) we do not employ medical personnel, and any necessary medical care you need will be provided locally at your cost;

(b) we will not be responsible or liable for the quality of the health or medical services that you receive; and

(c) given the physical demands of our Event, we strongly recommend all entrants ensure they have the physical and mental health to participate in the activities.

8.4 You recognise the difficulties and risks associated with the Event and you attest that you are physically fit to participate safely in the activities of the Event and that a qualified medical practitioner has not advised you otherwise.

9. NON- COMPETE

9.1 You agree that by entering this Event, you will not organise, invest in, or be directly involved with the organistation (excluding participation) of a similar event which attempts to:

(a) replicate our Event or any of its unique activities, features and components; and/or

(b) benefit from our goodwill or branding in any way.

If you do so, we reserve the right to take legal action against you to recover any losses and damages that we suffer as a result of your actions.

9.2 You warrant that you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, any employee or contractor that was employed by or contracted to us during the term that we provide Services to you or the prior twelve (12) month period.

10. STICKERS

10.1 We or a third party authorised by us will apply stickers with either our or our sponsors’ logos and/or branding (Stickers) to your vehicle. You are not entitled to use the Stickers for any other purpose unless you have our express written consent.

10.2 You are required to have the Stickers attached to your vehicle at all times during the Event. You are not entitled to deface, cover-up or otherwise obscure such stickers and shall endeavor to keep them clean and visible at all times.

10.3 The Stickers are created so that they are non-permanent and easily removable without damaging vehicle finishes. We will not accept any responsibility or liability for damage to your vehicle, which may be directly or indirectly caused by the removal of our Stickers.

11. INTELLECTUAL PROPERTY

11.1 The materials that we provide to you in carrying out the Services, including, but not limited to, our Itinerary and Stickers, contains material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.

11.2 You agree that, as between you and us, we own all intellectual property rights in our Materials, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights in our Materials, except as stated in these Terms or with our written permission.

11.3 Your use of our Materials does not grant you a licence, or act as a right of use, any of the intellectual property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.

11.4 You must not breach our copyright or intellectual property rights by, including but not limited to:

(a) altering or modifying any of the Materials;

(b) creating derivative works from the Materials; or

(c) using our Materials for commercial purposes such as sale to third parties.

11.5 You agree that videos, photos or other recordings (Media) may be taken by us or our representatives during the Event. By entering and participating in our Event, you consent to being photographed and included in any recordings of the event. You grant us a royalty-free, non-exclusive, worldwide and irrevocable license to use such Media for publicity and promotional purposes.

11.6 In the event that there are any publicity or promotional activities which require your attendance, you agree to take reasonable efforts to attend such activities and co-operate with us in the promotion of our Event.

12. PERSONAL FILMING

12.1 You are entitled to take photographs and other film footage (Personal Media) for the duration of the Event.

12.2 Personal Media may be used for personal and non-commercial purposes only. You are not entitled to provide this Personal Media on any website, social media, printed media or television programmes for a commercial purpose without first obtaining the written consent of the Organisers.

12.3 You agree not to photograph, record, reproduce, or publicize digitally or in printed media any road traffic accidents, which may occur during the Event.

13. CONFIDENTIAL INFORMATION

13.1 We, including our employees and contractors, agree not to disclose your Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.

13.2 You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.

13.3 These obligations do not apply to Confidential Information that:

(a) is authorised to be disclosed;

(b) is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;

(c) is received from a third party, except where there has been a breach of confidence; or

(d) must be disclosed by law or by a regulatory authority including under subpoena.

13.4 The obligations under this clause will survive termination of these Terms.

14. FEEDBACK AND DISPUTE RESOLUTION

14.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services, please contact the Organisers.

14.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure.

(a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).

(b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

14.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.

15. TERMINATION

15.1 Should you be unable or unwilling to attend the Event, you must inform us immediately. The following refund terms apply:

(a) If you cancel more than 90 days before the Event Start Date, we will refund all payments made minus the Deposit.

(b) If you cancel between 60-89 days before the Event Start Date, we will refund 50% of the total amount paid, minus the Deposit.

(c) If you cancel less than 30 days before the Event Start Date, no refunds will be provided.

(d) If you wish to transfer your entry to another individual, this must be approved by us in writing at least 30 days prior to the Start Date. Transfer requests within less than 30 days will be at our sole discretion and may be denied.

15.2 Either party may terminate the Terms, if there has been a material breach of these Terms, subject to following the dispute resolution procedure.

15.3 We may terminate the Terms immediately, in our sole discretion, if:

(a) we consider that a request for a Service is inappropriate, improper or unlawful;

(b) you do not make the balance payment of the Fee by the relevant date (as set out on the Event Proposal);

(c) you do not meet the Requirements of Entry;

(d) you breach any of the Special Requirements as set out in these Terms;

(e) you fail to provide us with clear or timely instructions to enable us to provide the Services;

(f) you make disparaging comments about us or our Services in public, prior to making a complaint and discussing the matter with us;

(g) we reasonably consider that you are driving recklessly and your behaviour is endangering other entrants;

(h) we consider that our working relationship has broken down including a loss of confidence and trust; or

(i) for any other reason outside our control, including a Force Majeure Event, which has the effect of compromising our ability to perform the work required within the required timeframe.

15.4 On termination of these Terms, any refund will be processed in accordance with Clause 15.1. If no refund is applicable, you agree that any Deposit or payments made by you are non-refundable.

15.5 On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.

15.6 On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and Intellectual Property.

15.7 On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to the Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.

15.8 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.

16. LIMITATION OF LIABILITY

16.1 ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

16.2 Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

16.3 Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

16.4 Services: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.

16.5 Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information.

16.6 Referral: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.

16.7 Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Services and this agreement, except those set out in this agreement, including but not limited to:

(a) implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in the Terms;

(b) our Services being unavailable;

(c) any harm, loss or damage that occurs to you caused by any activities that you participate in within or outside of our Itinerary;

(d) any loss or damage to your vehicle, personal property, luggage or other personal effects (such items shall remain at your risk at all times, including when being carried by or under the control of our representatives);

(e) any inconvenience, delay, illness, personal injury, or death, or any other loss or damage you may suffer arising, directly or indirectly, from our Services;

(f) any loss, damage or delay due to a Force Majeure Event, sickness or injury to a entrant on our service, theft, or any other causes beyond our control; and

(g) any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with the inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.

16.8 Limitation: Our total liability arising out of or in connection with our Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.

16.9 This clause will survive termination of these Terms.

17. DISCLAIMERS

17.1 We accept no responsibility or liability for you being refused entry and/or exit to any activities and venues as set out in the Itinerary. It is your responsibility to ensure that you meet the requirements of entry for each activity and venue, and that you are appropriate dressed for each activity and venue.

17.2 In the event that you are prevented from traveling on any form of transportation because you are deemed to be unfit for travel by any of our representatives, we have no further responsibility as to your journey or your participation in the Event. No refund will be given nor will we be under any obligation to pay compensation or to cover any of your costs incurred as a result of such events.

18. INDEMNITY

18.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

(a) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;

(b) any breach of these Terms; and

(c) any misuse of the Services from or by you, your employees, contractors or agents.

18.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.

18.3 The obligations under this clause will survive termination of these Terms.

19. GENERAL

19.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

19.2 Publicity: You consent to us using advertising or publically announcing that we have undertaken work for you.

19.3 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

19.4 GST: If and when applicable, GST payable on our Services will be set out on our Invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.

19.5 Relationship of parties: The Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.

19.6 Assignment: The Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).

19.7 Severance: If any provision (or part of it) of the Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of the Terms are valid and enforceable.

19.8 Notices: Any notice required or permitted to be given by either party to the other under these conditions will be in writing addressed to you at the email address in the Event Proposal. Our contact details are set out in the Event Proposal and at the end of these Terms. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.

19.9 Jurisdiction & Governing Law: These terms are governed by the laws of New South Wales and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.

20. DEFINITIONS

20.1 Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".

20.2 Force Majeure Event refers to any unusual and unforeseeable circumstances or events beyond our control. Examples include war or threat of war, riots, political or civil unrest, terrorist activities, Acts of God, adverse weather conditions, natural or nuclear disasters, health risks or epidemics, or any other similar events.

20.3 GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.

20.4 Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.