Terms & Conditions
Indemnity & Disclaimer Form - 2023 Variety WA Creative Car Cruise
In consideration of Variety - the Children’s Charity permitting the Entrant to take part in the CCC, the Entrant agrees that:
1. The CCC is a potentially hazardous to those taking part and the Entrant does so at his/her own risk. The Entrant acknowledges that, Variety - the Children’s Charity accepts no responsibility for any Claim or Demand.
2. A third party property damage insurance policy for the Participant’s vehicle includes adequate cover for the Event;
3. The Entrant will comply with all laws and legal requirements and with all directions of the Event Coordinator or Cruise Boss regarding safety including, but not limited to, requiring Entrants to undergo alcohol breath tests. Variety – the Children’s Charity reserves the right to conduct breath testing of drivers for blood and drug content. Anyone that refuses or fails to take a test will be immediately removed from the event. Anyone who exceeds the blood alcohol limited prescribed in the conditions of their drivers licence or tests positive for ilegal drugs may also be immediately removed from the event. The Event Coordinator and Cruise Boss may also require any Entrant to cease participation in the CCC if it is, in his or her opinion, in the interests of safety.
4. This Agreement will not be affected or altered except by Variety - the Children’s Charity. The Entrant acknowledges that it has not relied on any representations made by or on be half of Variety - the Children’s Charity.
5. The Entrant indemnifies and holds harmless and will keep indemnified and held harmless
(a) Variety - the Children’s Charity, from all Claims and Demands, whether known or unknown, by any person against Variety - the Children’s Charity arising from or related to, either directly or indirectly, the carrying out of the CCC;
(b) each Landowner from all Claims and Demands, whether known or unknown, by any person against the Landowner arising from or related to, either directly or indirectly, the CCC or the carrying out of the CCC.
(c) each of the Support Crew, from all Claims and Demands, whether known or unknown, by any person claiming through or under the Entrant against members of the Support Crew arising from or related to, either directly or indirectly, the CCC or the carrying out of the CCC.
6. The Entrant will not advance, institute, prosecute, cause, procure, finance or support directly or indirectly the advancement, institution or prosecution of any proceeding of whatsoever nature, including (without limitation) any examination, inquiry or investigation, against Variety - the Children’s Charity or any Landowner jointly or severally which relates to or touches upon the CCC or the carrying out of the CCC.
7. To the extent permitted by law, the Entrant releases and forever discharges Variety – the Children’s Charity and each Landowner from all Claims or Demands, whether known or unknown arising out of or relating to the CCC or the carrying out of the CCC.
8. This Agreement is governed by and construed in accordance with all State laws and statutes.
9. The Entrant must comply with the CCC Rules and by signing this form they agree they have read and understand the document entitled “Rules & Regulations / Code of Conduct & Official Conditions of Entry” provided by the Variety office. The Event Coordinator or Cruise Boss
may require the Entrant to cease participation in the Cruise if the Entrant fails to comply with any of the CCC Rules.
10. The entrant will advise Variety WA staff of;
- Any COVID + result in last twelve weeks, please advise date of isolation exit.
- If at any point you have been a close contact as per State and Federal Governments within 7 days of attending an event
- If you have flu like symptoms, wear a mask and limit interaction with event participants. If a positive RAT or PCR test is returned within 7 days prior to the event, you will not be able to attend a Variety WA event.
11. To the extent permitted by State and Federal Governments, the Entrants will adhere to Variety WA Rules and Restrictions in relation to Covid-19, applicable at time of event.
12. Further conditions of entry may be drawn up by the organiser and will be recorded in a regular Newsletter issued from the Variety office and the Entrant must comply with these further.
13. The decision of the Event Coordinator or Cruise Boss regarding any matter is.
14. Definitions in this Agreement:
"CCC" means Variety WA Creative Car Cruise
“Cruise” means the Variety WA Creative Car Cruise
“Cruiser” an Entrant as below;
"Cruise Boss" means that person nominated by Variety in charge of the Event.
"Cruise Rules" means the rules set out in the document produced by Variety entitled 'Cruise Rules'.
"Claim or Demand" means any claim, demand, action, proceeding, judgment, order, award, damage or costs of any nature.
“Crew” two to four entrants in one vehicle.
"Entrant" is an individual person that has been accepted to participate in the Variety WA Creative Car Cruise and also includes the legal or personal representatives of the person;
“Event Coordinator” means the person employed by Variety WA to work in a partnership with the Cruise Boss to coordinate the Creative Car Cruise.
“Officials” all people designated by Variety to be Officials
"Support Crew" means and includes (but is not limited to) each person travelling with a crew but in a separate 4WD and each person assisting that crew in any way including (but not
limited to) a mechanic, a member of a mobile workshop crew or supply crew or any person acting in that capacity and their legal or personal representatives;
“Team” any more than one crew
"Variety" means and includes Variety – the Children's Charity and each of its officers, members, employees, agents and independent contractors and any volunteer assisting it in connection with the Creative Car Cruise.
“Vehicle” means a classic, muscle, modified or special edition vehicle also known as a CCC Car.
“Variety WA” means and includes Variety WA Incorporated, VWA and each of its officers, members, employees, agents and independent contractors and any volunteers assisting it in connection with the Creative Car Cruise.
NOTE: This Indemnity and Disclaimer must be formally agreed to by all persons taking part in the event in
anyway including but not limited to, the Entrant, crew members, officials, pilots, members of media
team, members of a mobile workshop team, mechanics and vehicle operators.
