Terms & Conditions and Waiver
Group Exercise Waiver and Release Form
SPINFLUENCE – Corporate Fitness Challenge
Rise Up Foundation Limited
I acknowledge that a Group Exercise Program is designed to improve my personal fitness by providing personalised and motivational attention by a qualified Group Instructor. I understand that there may be health risks associated with activities using physical exertion in a Group Exercise program. The health risks include, but are not limited to, transient dizziness, fainting, nausea, muscle cramping, musculoskeletal injury, sprains and strains, heart attack, stroke or sudden death.
If I experience any of these or any other symptoms whilst riding a Spin Bike during this SPINFLUENCE event, I will discontinue the activity, notify the Group Instructor, and consult my physician.
I certify that I am capable of performing physical exercise and acknowledge that I am voluntarily participating in this SPINFLUENCE ‘Spin-a-thon’ event. I am participating in the SPINFLUENCE Fitness Challenge with knowledge of the dangers involved. I understand that I will be fully responsible for complying with any restrictions prescribed for me by my personal physician and that I agree to consult my personal physician for further evaluation and such medical care as I require. I acknowledge that my participation in the SPINFLUENCE ‘Spin-a-thon’ event is at my sole risk.
I acknowledge that I have been advised to consult with my personal physician before participation in the SPINFLUENCE ‘Spin-a-thon’ event. I have also been advised that if I refuse to consult my physician before participating in this event then I must ask for and sign a Release of Liability Form and sign a Refusal of Medical Consultation Form (registered attendees who have had a physical exam within the year will also need to sign this form). If recommended by your physician, you should consult with him/her on a regular basis. Neither Rise Up Foundation Limited or the Group Spin Instructors will be responsible for monitoring your compliance with your physician's recommendations. Even consultation with your regular physician is in no way a guarantee against the possibility of adverse occurrences during the SPINFLUENCE ‘Spin-a-thon’ event. In consideration for my voluntary participation in the SPINFLUENCE ‘Spin-a-thon’ event, I, my family, heirs, executors, representatives, administrators, and assigns do hereby waive, release, and forever discharge the company known as Rise Up Foundation Limited, and their respective managers/officers, directors, employees, and agents; and the assigned Group Spin Instructors, from any and all responsibilities, liabilities and lawsuits, present or future, and causes of action for ordinary negligence, whether foreseeable or unforeseeable, arising out of or related in any manner directly or indirectly, to my use of or access to the Rise Up Foundation Limited SPINFLUENCE ‘Spin-a-thon’ event and my participation in the said event.
This waiver includes but is not limited to such claims that may result from any injury, illness, or death, accidental or otherwise, during or arising in any way from my participation. I hereby agree to expressly assume and accept sole responsibility for the risk of injury or death so long as they are not the result of gross negligence by the company known as Rise Up Foundation Limited and/or my Group Spin Instructors as part of the SPINFLUENCE ‘Spin-a-thon’ event.
I certify that I have read the above Group Exercise Waiver and Release of Liability and have had any questions answered to my satisfaction.
Terms & Conditions for SPINFLUENCE events
Including Virtual Events
To the fullest extent permissible under law, including the NZ Consumer Guarantees Act, these terms and conditions these terms and conditions (Terms) govern all events (“SPINFLUENCE” including any “Virtual SPINFLUENCE Event”) run and operated by Rise Up Foundation Limited NZBN: 9429051491581 and each person (“Attendee, Participant, You or Your”) who registers to participate in a SPINFLUENCE Event or is invited by Rise Up to attend a SPINFLUENCE Event.
You acknowledge that you have read and agree to be bound by these Terms upon either submitting your registration to Rise Up or attending or participating in a SPINFLUENCE Event. If You intend participating in a SPINFLUENCE Event and are under 18 years of age a parent or guardian must read these Terms and acknowledge and accept them on Your behalf.
These Terms and Conditions of Entry allow Rise Up Foundation Limited NZBN: 9429051491581 to operate the SPINFLUENCE Event. By registering to participate in the event you accept and agree to be bound by these entry terms.
AUTHORITY TO REGISTER AND/OR TO ACT AS AGENT
You represent and warrant to Rise Up Foundation Limited that you have full legal authority and capacity to complete the registration for the Event, including this Agreement and Waiver, on behalf of yourself and/or, where applicable, any party for whom you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, “you” or “your” means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights. If the participant is under 18 a parent or guardian must read the Terms and Conditions and accept on their behalf.
- REGISTRATIONS
1.1 Your Registration is subject to acceptance by Rise Up, which will be confirmed in writing (including but not limited to email) ("In Writing") after Rise Up has received your fully completed Registration, the fee (if required) related to your registration ("Fee") and any required supporting documents. Rise Up may in its absolute discretion for any reason refuse to accept your Registration.
1.2 Rise Up’s preferred method of Registration is online. If you encounter difficulties with online Registrations, please contact us.
1.3 Rise Up may provide offline Registrations via phone, email or mail. Rise Up will use its best efforts to process offline Registrations within two (2) working days of receipt.
1.4 If Rise Up has invited you to attend the SPINFLUENCE Event without the need to Register and/or make any payment, You must provide your confirmation of attendance to Rise Up within the time specified in the invitation (if any) in order for Rise Up to register you for the SPINFLUENCE Event.
1.5 The Fee for the SPINFLUENCE Event is correct at the time of publication. Rise Up reserves the right to change the Fee at any time but changes will not affect Registrations which have already been confirmed In Writing by Rise Up.
- CANCELLATION AND REFUNDS
2.1 Your entry fees are not refundable if you change your mind or are no longer able to participate in a SPINFLUENCE Event.
2.2 Fees will not be refunded if you are denied access or removed from a SPINFLUENCE Event for any reason.
2.3 Any Registration entry is not transferable to another person or to a future SPINFLUENCE Event without the express permission or consent of Rise Up.
2.4 If You are inadvertently registered in an incorrect event (such as the Wellington event rather than Auckland), Rise Up will transfer your registration subject to availability. You will be required to pay any difference in fees and Rise Up cannot change your event options within the week prior to SPINFLUENCE Event starting.
2.5 All donations are non-refundable, including (but not limited to) in the event of cancellation, postponement or change of mind.
2.6 Rise Up is unable to transfer any donation to another participant or other SPINFLUENCE Event(s) (including future instalments of the same event).
- Rise Up’s RIGHTS
3.1 Rise Up reserves the right at any time to:
(a) change the format, participants, content, location and timing or any other aspect of a SPINFLUENCE Event;
(b) postpone a SPINFLUENCE Event or any part of a SPINFLUENCE Event; or
(c) cancel a SPINFLUENCE Event or any part of a SPINFLUENCE Event, and will not be liable for any damages, costs, losses or expenses of any kind incurred or suffered by you as a result of or in relation to Rise Up modifying, postponing or cancelling a SPINFLUENCE Event or any part of a SPINFLUENCE Event.
3.2 If a SPINFLUENCE Event is cancelled or postponed by Rise Up:
(a) for reasons that are beyond its reasonable control, Rise Up may retain the Fee and will not be required to make any refund of the Fee; or
(b) for reasons other than as set out in clause 3.2(a), Rise Up will refund the Fee minus any reasonable administration costs (as determined by Rise Up)
- YOUR RIGHTS AND OBLIGATIONS AT A SPINFLUENCE EVENT
4.1 Rise Up reserves the right, without any liability, to refuse admission to, or to eject you from a SPINFLUENCE Event, in its absolute discretion, including (without limitation), for failure to comply with these Terms or if in the opinion of Rise Up, acting reasonably, you represent a security risk, nuisance or annoyance to the running of a SPINFLUENCE Event.
4.2 You agree to comply with all reasonable instructions issued by Rise Up or the operator of the venue for a SPINFLUENCE Event.
4.3 All unauthorised photography and the recording or transmitting of audio or visual material, data or information is expressly prohibited at a SPINFLUENCE Event and/or in or at a venue.
4.4 You acknowledge that you may be filmed, sound recorded and/or photographed by Rise Up, the media or any other party at the Event and Rise Up may use or approve the use of the film, sound recording and/or photograph for any purpose and in any way whatsoever.
4A VIRTUAL EVENTS
4A.1 Subject to these Terms and applicable law, you are and remain responsible for your own health and safety at all relevant times before, during and after any remote, off-site, online or virtual SPINFLUENCE Event (“Virtual SPINFLUENCE Event”).
4A.2 Rise Up recommends informing friends and family of your intentions to participate and the details of any virtual route prior to participating in any Virtual SPINFLUENCE Event and you agree to carry out all reasonable and necessary precautions in relation to your participating including but not limited to carrying a mobile phone and writing your emergency contact details down.
4A.3 For the avoidance of doubt, you acknowledge and agree that Rise Up will not be providing the usual scope of health and support measures including but not limited to road closures, first aid, mobile repair units or safety support during any Virtual SPINFLUENCE Event.
4A.4 You acknowledge and agree to maintain full responsibility to be aware of and adhere to any changes implemented around COVID-19 practices and restrictions in your local government area and New Zealand wide via reputable websites such as the New Zealand government website or contact the Coronavirus Healthline on 0800 358 5453. (This line operates 24 hours a day, seven days a week.)
4A.5 You acknowledge and agree that you remain at all times responsible for selecting a virtual course that is safe and complies with your latest personal health advice as well as any broader advice or restrictions referred to in the preceding paragraph 14.A.3 in relation to any Virtual SPINFLUENCE Event.
4A.6 In the likely event that indoor equipment is used to participate in any Virtual SPINFLUENCE Event including but not limited to stationary bicycles, treadmills or similar, you agree to ensure that any and all equipment is in good working condition, fit-for-purpose, properly maintained and meets all relevant safety requirements under applicable law.
4A.7 You acknowledge and agree that subject at all times to these Terms and clause 6 below and applicable law, Rise Up will not be liable for any injury, damage, loss or otherwise resulting from your participation in a Virtual SPINFLUENCE Event.
- WELLBEING & SAFETY
5.1 All Participants are required to complete an entry form and pay the entry Fee.
5.2 Children under 18 must be accompanied by an adult for the duration of a SPINFLUENCE Event.
5.3 You should seek medical advice to ensure you are fit to participate. It is your responsibility to have suitable food and any medication that you require with you at all times during a SPINFLUENCE Event.
5.4 First aid will be available at all SPINFLUENCE Events. Should you require ambulance transport to hospital it will be at your own expense.
5.5 You accept responsibility at all times for personal belongings during a SPINFLUENCE Event. Valuable items should not be left without supervision, as Rise Up will not accept for loss or damage of personal belongings.
5.6 Rise Up requires all participants to comply with relevant state health orders in relation to the COVID-19 pandemic at the time of the SPINFLUENCE Event, including but not limited to social distancing, wearing of masks and proof of vaccine. Rise Up reserves the right to refuse entry to any participant not following state health guidelines.
- LIMITATIONS OF LIABILITY AND INDEMNITY
6.1 Relevant provisions of the NZ Consumer Guarantees Act and other laws in force from time to time in New Zealand may impose guarantees, warranties, conditions and obligations on Rise Up ("Consumer Guarantees"). If any of these Terms are inconsistent with a Consumer Guarantee, the Consumer Guarantee will apply to the extent of such inconsistency. To the extent permitted by law Rise Up’s liability and your sole remedy will be limited to the refund of the Fee paid. Subject to any applicable Consumer Guarantees, all guarantees, representations, conditions and warranties of any nature are expressly excluded.
6.2 Subject to any Consumer Guarantees and to the maximum extent permitted by applicable law, Rise Up, its employees, agents and contractors will not be liable for personal injury or death, property damage, or any other loss (including without limitation, liability for negligence, breach of these Event Terms or any other agreement), damage, cost or expense (including, without limitation, loss of profits, business interruption, loss of information, indirect, special, punitive or consequential loss or damage) that you may incur or suffer arising out of or in connection with the Event.
6.3 You agree to fully indemnify and hold Rise Up, its employees, agents, contractors and sub-contractors ("Representatives") harmless from any claim, cost, demand, liability or damage (including legal costs, professional costs and other expenses on a full indemnity basis) incurred by Rise Up and/or its Representatives arising out of or in connection with a SPINFLUENCE Event, including but not limited to: (1) a breach of these Event Terms; (2) your use of the venue or attendance at the Event; (3) any damage to the venue or any goods located at the venue; or (4) the infringement of any intellectual property or other right of any third party (including the venue) by you.
- MERCHANDISE
Rise Up contracts various official merchandise providers for SPINFLUENCE Events.
7.1 Returns Policy - There are no refunds or exchanges on merchandise/apparel orders if you have simply changed your mind or chosen the wrong size, as all garments are made to order and are not kept in stock. We have a quality guarantee on all our garments. If the quality of the garment you receive does not meet your expectations, we can repair it, replace it or give you a full refund at our discretion. Simply email us at info@riseup.org.nz and explain the nature of the defect and then send the item back to us within 7 days of receiving.
7.2 Delivery - All apparel pieces are custom made to order and are not kept in stock. From when you place your order until your garment is manufactured and ready for delivery, the process takes approximately six weeks.
All parcels are sent via NZ Post (with tracking provided). Parcels will be delivered during normal business hours and can be delivered to New Zealand PO Boxes. Goods delivered within New Zealand will take 5-10 business days, from when you receive a shipping confirmation email from us but can be subject to NZ Post delays for which we cannot be held responsible.
Rise Up Foundation Limited and the contracted Merchandise Supplier(s) takes no responsibility for lost orders if incorrect address details have been provided. Please make sure your shipping details are correct at the time of order.
- TRAFFIC & ROAD LAWS
8.1 Participants must follow all traffic and road laws including directions by Police, Local Road Authority, SPINFLUENCE Event Traffic Management company, event staff and volunteers.
8.2 For cycling events the participant must wear a cycling helmet that conforms to Australian standards.
- INTELLECTUAL PROPERTY
9.1 All material on a SPINFLUENCE Event website or related social media platform is protected by laws relating to intellectual property including but not limited to copyright, trademarks, designs, logos, signs and other properties unless otherwise noted and may not be used except as expressly permitted by the applicable and relevant website terms and conditions. You may not distribute, modify or re-use the contents of any SPINFLUENCE Event website or social media platform for public or commercial purposes without the prior written permission of Rise Up.
- PRIVACY AND ONLINE SECURITY
10.1 Rise Up staff and volunteers understand and respect your right to Privacy and the confidentiality and security of personal information provided by you. Rise Up will take all reasonable steps to ensure that your personal information is protected from misuse, loss, interference and unauthorised access, modification or disclosure. For further information on Privacy, how Rise Up Foundation Limited protects your rights and manages personal, sensitive and health information in accordance with the Privacy Act 1988 (Cth) please follow this link: https://spinfluence.riseup.org.nz
10.2 All financial information pertaining to customers of Rise Up is stored securely in line with the Payment Card Industry Data Security Standards (PCI DSS), with no complete bank details retained. Wherever possible we use Westpac merchant facilities. In some situations we use the assistance of professional financial gateway specialists to assist with financial transactions, for further information on these companies please see their websites:
In these situations we also use the assistance of expert fundraising digital platforms (in line with PCI DSS) which also retain limited information in order to recognise you as a customer:
All information is retained securely for the period of time determined by law and disposed of in a secure manner.
- ACKNOWLEDGEMENT & WAIVER
11.1 You acknowledge that involvement in a SPINFLUENCE Event is a potentially dangerous activity and that you participate at your own risk.
11.2 By entering a SPINFLUENCE Event you consent to receiving and reading the information about the SPINFLUENCE Event. SPINFLUENCE Event communication will primarily be via email. Updated information will be posted on the SPINFLUENCE Event website and through social media from time to time.
11.3 By entering the SPINFLUENCE Event, Rise Up commits to keep you informed about future opportunities to help children and young people suffering physical, mental & emotional disabilities causing obesity and other debilitating conditions. Occasionally we allow like-minded organisations to contact our supporters with fundraising materials. In return, they help us reach more generous Australians to support our cause. If you would like to change your communication preferences please contact us via email or phone.
- GENERAL
12.1 Rise Up reserves the right to amend these Terms from time to time and you will be subject to the terms in force at the time Rise Up registers you for a SPINFLUENCE Event or you attend the Event, if you do not need to Register, whichever is applicable.
12.2 Any failure, delay or relaxation on the part of a party in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right or remedy.
12.3 If any provision of these Terms is invalid or not enforceable by a court of competent jurisdiction, the relevant term is to be read down and shall otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms
12.4 These Terms are governed by and are to be construed in accordance with the laws in force in New Zealand. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New Zealand and waives any objection that it may have that proceedings have been brought in an inconvenient forum.
TERMS AND CONDITIONS OPERATIVE FROM 24 JUNE 2024
