The following terms and conditions must be read carefully.  In consideration of your, or the person on whose behalf you are acting's, entry to the Event being accepted by Athletics Australia or the Entity, you acknowledge and agree to the following terms and conditions:

1.     Definitions: in these terms and conditions:

"Athletics Australia" means Athletics Australia Limited (ACN 006 447 294).

"Claim" means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with any Event Activities, but does not include:

(i)   a claim against Athletics Australia and the Entity by any person expressly entitled to make a claim under an Athletics Australia and the Entity insurance policy; or

(ii)   a claim against Athletics Australia and the Entity under any right expressly conferred by its constitution or regulations. 

"Entity" means the entity responsible for conducting the Event, as determined by and outlined in Schedule 1 and where the context so permits, its directors, officers, servants or agents.

"Event" means the event listed at the bottom of the terms and conditions.

"Event Activities" means performing or participating in any capacity, in the Event or any recognised activity in relation to or forming part of the Event.

"You" or "you" includes, as the case may be:

(i)   you personally, if this application is lodged by you on your own behalf; and/or

(ii)   each of the person or persons on whose behalf you are lodging this Event entry; and/or

(iii)  where any of the above individuals are less than 18 years of age, each of their parents/guardians.

2.     Rules of participation: The acceptance of these terms and conditions for your registration to the Event, and acceptance by the Entity of your entry, constitute an agreement between you and the Entity and Athletics Australia incorporating these terms and conditions.  You agree to be bound by any rules, regulations, by-laws, policies and codes of conduct made by the Entity, Athletics Australia and World Athletics.

3.     Risk Warning and Waiver: Your participation in the recreational activities supplied by the Entity is inherently dangerous and may involve risk.  There are risks specifically associated with participation in the Event Activities, and accidents can and often do happen which may result in personal injury, death or property damage. These risks include, but are not limited to, the risks arising from or connected with the "prevailing conditions" referred to in paragraph 14 below. Prior to undertaking any such recreational activity, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have.  By agreeing to these terms and conditions, you acknowledge, agree, and understand that participation in the recreational services provided by the Entity may involve risk.  You agree and undertake any such risk voluntarily and at your own risk.  You acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with and for the purposes of the relevant legislation, including the Civil Liability Act 2002 (NSW), Civil Liability Act 2002 (WA) and Civil Liability Act 2002 (Tas). This 'risk warning' is given by and on behalf of the Entity and Athletics Australia.

4.     Waiver: A supplier of recreational services or recreational activities can ask you to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities, or to whom the services or activities are supplied).

If you agree to these terms and conditions, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services, or to whom the services are supplied) to sue the supplier because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out in the paragraphs below and in Schedule 2.

5.     For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies: By agreeing to these terms and conditions, you agree that the liability of the Entity and Athletics Australia in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any:

(i)   death;

(ii)   physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

(iii)  the contraction, aggravation or acceleration of a disease; or

(iv)  the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:

      (A)        that is or may be harmful or disadvantageous to you or the community; or

      (B)        that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities, 

is excluded and the application of any express or implied term or any guarantee under the Australian Consumer Law that any services will be provided with due care and skill is hereby excluded.

6.     Release & Indemnity: In consideration of the Entity accepting your entry to the Event you, to the extent permitted by law:

(i)   release and forever discharge the Entity and Athletics Australia from all Claims that you may have or may have had but for this release, but only where such Claims result from your death or personal injury, arising from or in connection with you undertaking the Event Activities, whether caused by the negligence or breach of contract by the Entity or Athletics Australia or in any other manner whatsoever; and

(ii)  release and indemnify the Entity and Athletics Australia against any Claim which may be made by you or on your behalf for or in respect of or arising out of your death or personal injury whether caused by:

(A)        the negligence or breach of contract by the Entity and Athletics Australia or in any other manner whatsoever; or

(B)        any breach by you of the warranties given in paragraphs 9(i)-(iii),

save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of the Entity and Athletics Australia.

7.     Further Release and Indemnity: In consideration of the Entity accepting your entry to the Event you, to the extent permitted by law, release and forever discharge, and indemnify and will keep indemnified and hold harmless the Entity and Athletics Australia in respect of any Claim by any person:

(i)   arising as a result of or in connection with you undertaking the Event Activities, whether caused by the negligence or breach of contract by the Entity or Athletics Australia or in any other manner whatsoever; and

(ii)  against the Entity or Athletics Australia in respect of any injury, loss or damage arising out of or in connection with your failure to comply with the Entity's or Athletics Australia's rules and/or directions or with any applicable public health or other COVID-19 directions or restrictions imposed by the Entity, Athletics Australia, the Australian government or any State or Territory government or other relevant health authority, whether caused by the negligence or breach of contract by the Entity or Athletics Australia or in any other manner whatsoever; or

(iii)  arising out of or connected with any breach by you of the warranties given in paragraphs 9(i)-(iii),

save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of the Entity or Athletics Australia.

8.     Insurance: You acknowledge and agree that the Entity has arranged some limited insurance coverage that may provide you with some protection for loss, damage or injury that you may suffer during your participation in Event Activities.  However, you acknowledge and agree that any insurance taken out by the Entity may not provide full indemnity for loss, damage or injury that you may suffer during your participation in Event Activities and that you may have to pay the excess if a Claim is made on your behalf.  You agree that your own insurance arrangements are ultimately your responsibility, and you will arrange any additional coverage at your expense after taking into account the Entity's insurance arrangements and your own circumstances. 

9.     Disclosure of Medical Conditions: You warrant that prior to undertaking any Event Activities you:

(i)   are and must continue to be medically and physically fit and able to undertake and participate in the Event Activities;

(ii)   are not a danger to yourself or to the health and safety of others; and

(iii)  are not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for you to take part in an athletics event, meet or competition including participating in Event Activities.

You acknowledge that you must, and you agree that you will, disclose any pre-existing medical or other condition that may affect the risk that either you or any other person will suffer injury, loss or damage.  You acknowledge that the Entity and Athletics Australia rely on information provided by you and that all such information is accurate and complete.  You must inform the Entity and Athletics Australia if any such medical or other condition arises after you agree to these terms and conditions and prior to undertaking the Event Activities. You agree to report any accidents, injuries, loss or damage you suffer during any Event Activities to the Entity before you leave any relevant venue. You acknowledge that if any of the warranties you make under this paragraph 9, including those in subclauses (i)-(iii), can no longer be made by you on the date you undertake the Event Activities, you must inform the Entity on arrival and before you participate in any Athletics Activity.

10.  Consent to Medical Treatment: If you suffer any injury or illness, you agree that the Entity may provide evacuation, first aid and/or medical treatment at your expense and that your acceptance of these terms and conditions constitutes your consent to such evacuation, first aid and/or medical treatment.  You agree to reimburse the Entity for any costs or expenses incurred in providing such medical treatment.

11.  Exclusion of Applicant: You warrant that you have not at any time been excluded from Event Activities by a medical practitioner or any person or entity including but not limited to the Entity.  You acknowledge and agree that the Entity may demand a medical certificate or opinion as to your fitness from a qualified medical practitioner PRIOR to your undertaking any Event Activities.

12.  Safety: You understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during your involvement in Event Activities, and you accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance.  You agree to follow any rules set by and/or directions of the Entity or Athletics Australia in connection with any Event Activities. If you fail to comply with the rules and/or directions of the Entity and Athletics Australia, you will not be permitted to participate or to continue to participate in the Event Activities and no refund will be given. 

13.  Damage and Termination - Where I am responsible for, and or cause, any deliberate or reckless damage to any property owned by the Entity, its suppliers or Athletics Australia, I agree to reimburse the Entity, its suppliers or Athletics Australia for the cost of the repair of, or the replacement of, that property of the Entity, its suppliers or Athletics Australia and acknowledge that the Athletics Organisation may terminate my registration on the basis of my causing damage.

I understand that if I fail to abide by these Waiver Terms and/or any of the Entity or Athletics Australia Terms (or any parts or combination thereof), the Entity may cancel my registration with the Entity or Athletics Australia, subject to the relevant terms and principles of natural justice and procedural fairness.

14.  Prevailing conditions - You acknowledge and agree that:

(i)   some Event Activities may be affected by the weather which may change without warning; and

(ii)   in such activities, there can be an element of the "luck of the prevailing conditions" when undertaking the Event Activities over which the Entity has no control.

15.  Athletics Activity done at your own Risk - Undertaking the Event Activities carried on by the Entity or organised by the Entity may only be done on the distinct understanding that you are doing so entirely at your own risk.

16.  Bar to proceedings: The Entity and Athletics Australia may plead this contract as a bar to proceedings now or in the future commenced by or on behalf of you or by any person claiming through you.  Where you seek to commence proceedings against the Entity or Athletics Australia, you:

(i)   will commence those proceedings in the courts of state or territory where the Entity is located;

(ii)   waive any right to object to the exercise of such jurisdiction;

(iii)  will, where you seek to commence proceedings in another jurisdiction other than the state or territory where the Entity is located, consent (if required by the Entity or Athletics Australia) to move those proceedings to the state or territory where the Entity is located including consenting to any application made by the Entity or Athletics Australia to remove the proceedings to the state or territory where the Entity is located;

(iv) will pay the costs of any application made by the Entity or Athletics Australia under paragraph (iii) above and will consent to any application for security of costs made at any time by the Entity or Athletics Australia; and

(v)  consent to paying the legal defense costs of the proceedings (on a solicitor client basis) of the Entity and Athletics Australia where the Entity or Athletics Australia successfully defends the proceedings. 

17.  Cancellation, transfer and refunds: All cancellations, transfers and refunds will be processed in line with the Entity's Refund Policy available from the applicable link outlined in Schedule 1. In the case of "Force Majeure", the Entity may, at its absolute discretion, offer a partial or full refund to you. For the purposes of this paragraph 16, "Force Majeure" means a circumstance, event or cause beyond the reasonable power and control of the Entity, including (to the extent it is beyond the reasonable power and control of that party) acts of God, pandemic or epidemic (including circumstances directly or indirectly related to COVID-19), storm, tempest, fire, act of public enemies, civil commotion, strikes, lockouts, stoppages, restraint of labour or other similar acts, power or water shortage, or acts or omissions of any government or governmental authority.

18.  Use of Image: You acknowledge and consent to photographs and electronic images being taken of you during your participation in Event Activities.  You acknowledge and agree that such photographs and electronic images are owned by the Entity or Athletics Australia and the Entity or Athletics Australia may use the photographs for promotional or other purposes without your further consent being necessary. 

19.  Privacy: You understand that the personal information you have provided in your entry is collected, used and disclosed in accordance with the privacy policy of the Entity (available from the applicable link outlined in Schedule 1) and is necessary for the conduct and management of the Event Activities and other related activities in Australia by the Entity. You acknowledge that the Entity may use or disclose your personal information for the purposes of providing you with Event services or promotional material; for direct marketing; or otherwise at the discretion of the Entity, including the Entity.  The Entity may share your information with third parties such as Athletics Australia, affiliates and other organisations involved in Event Activities such as other athletics member states, organisations involved in other related activities in Australia; companies engaged by the Entity to carry out functions and activities on the Entity's behalf including direct marketing; the Entity's professional advisers, including the Entity's accountants, auditors and lawyers and the Entity's insurers; however your information is not generally disclosed to anyone outside Australia. The Entity may publish your name and results from any event, meet or competition in official programs, newsletters and websites.  You understand that if you wish to access and request correction of your personal information held by the Entity, or make a complaint about the handling of your personal information, you should contact the Entity. You acknowledge that your entry may be rejected if the information is not provided. If you do not wish to receive promotional material from the Entity's sponsors and third parties, you must advise the Entity in writing or via the opt-out procedures provided in the relevant communication.

20.  Non-transferable: Entry to the Event (if granted) is non-transferable to other people.  Any attempt to transfer to another person without the knowledge of the Entity may result in the cancellation of any rights granted by the Entity without refund and you may not be permitted to participate in further Event Activities or programs.  You also accept that fees paid for entry are non-refundable except in accordance with any refund policy of the Entity.

21.  Entire agreement: These terms and conditions (and the documents to which they refer) constitute the entire agreement between the parties in respect to the Event Activities and supersedes all other agreements, understandings and representations and negotiations with the Entity or Athletics Australia in relation to the Event Activities.  To the extent that any clause of these terms and conditions is void or unenforceable it is severable and does not affect the remaining provisions of the agreement.

22.  Governing Law: The governing law of these terms and conditions is the law of the state or territory where the Entity is located.  You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of the state or territory where the Entity is located and waive any right to object to the exercise of such jurisdiction.

23.  Warranty: You warrant that all information provided is true and correct.  You acknowledge this application and declaration cannot be amended.  If you amend this application it may be null and void and may not be accepted by the Entity.

24.  Statement of Understanding: You have read or have had read to you the above conditions and having understood the same, you consent to the activities proposed.

PLEASE NOTE THE FOLLOWING:

If the Competition and Consumer Act 2010 (Cth) or applicable laws in the state or territory where the Entity is located operate so as to prevent the exclusion, restriction or modification of warranties otherwise implied by those laws, or the liability of Athletics Australia or the Entity for failing to comply with a statutory guarantee under the Australian Consumer Law that services will be provided with due care and skill, then the liability of Athletics Australia and the Entity for breach of the warranties or for the failure to comply is limited to:

(i)  the re-supply of the Event Activities and related activities; or

(ii) the payment of the cost of having the Event Activities and related activities supplied again.

In order to proceed, you must have read and agreed to these event entry terms and conditions.  By ticking the box below, you agree that if your entry is accepted, you will be bound by these terms and conditions. 

Athletics SA – Competition and Events Waiver

Note: If I am a participant under the age of eighteen (18), then a parent/guardian will be required to provide the following declarations on my behalf and by doing so will always ensure that I understand and will comply with and abide by all terms referred to below.

In consideration of the Athletic Association of South Australia Inc (“ASA”) accepting this entry and thereby allowing me to participate in this event (“Event”), I the undersigned (for myself, my heirs, executors and administrators) understand, acknowledge and agree to the terms and conditions of this Competition and Event Waiver (“Waiver").

Risk Warning and Participation

1. I acknowledge and agree that the Event is a recreational activity conducted by ASA which involves significant risk of physical harm, including personal injury, permanent disability and/or even death (caused to me or other participants in the Event) and that such harm may result from my own actions or omissions or the actions or omissions of others (“Risk Warning”).
2. I knowingly acknowledge and agree that I am engaging in this Event at my own risk and with complete knowledge and understanding of the Risk Warning referred to in clause 1 above as well as any other obvious or inherent risks and I assume all such risks, known and unknown, even if such risks arise from the negligence of ASA or others.
3. I knowingly acknowledge and agree that, at all times, I have the option of not participating in, or withdrawing from, the Event.

Warranties

4. I warrant and agree that I am healthy and medically fit (including physically and mentally) to participate in the Event and that I have not been advised otherwise by a medical practitioner or generally.
5. I warrant and agree that I will inspect the Event area and arenas and all fixtures, fittings, equipment, goods, apparatus or other things supplied, provided or to be used in or related to the conduct of the event and agree that I will not participate in the Event unless I am completely satisfied with the adequacy and condition of the Event and related areas and equipment.
6. I warrant and agree that I will abide by the rules and conditions of the Event, including any written rules and conditions or verbal instructions in relation to the Event, which rules, conditions or instructions may be provided before or during the Event.

Waiver, Release and Discharge

7. I acknowledge and agree that I am engaging in this Event at my own risk and, except to the extent that the law (including the Competition and Consumer Act 2010 (“CCA”) and the Australian Consumer Law (“ACL”) provides that liability cannot be excluded, I waive, release and discharge ASA, including but not limited to the Women's Recreational Running Network, Running SA, Running Australia, and Athletics Australia (“AA”) as Event Sponsors and each of their respective officers, employees, contractors, volunteers or agents involved in the Event, from all and any claims, rights or causes of action however arising including for any negligent act or omission of any person, whether or not presently ascertained, immediate future or contingent, which I may have arising from any injury, loss or damage of any kind suffered by me including personal injury, illness or death and/or loss or damage to any property arising either directly or indirectly out of my attendance at or participation in the Event.
8. I confirm that I have had the opportunity to discuss this Waiver with ASA and that I am fully aware of the implications, intent and effect of ageing to sign this Waiver.

Photographs and Videos

9. I understand that at any ASA, or ASA endorsed, competition, event or activity, I may be photographed and/or videotaped by an authorised or endorsed representative of ASA. In this regard, I acknowledge and agree:
   1. That any images or likeness of me taken or captured by ASA are owned by ASA and that they may be used by ASA for promotional or other purposes without my further consent being necessary;
   2. That I consent to ASA using my name, image, likeness and also my performance in any ASA/AA events, at any time, by any form of media, to promote the event and ASA/AA;
   3. That photos taken by ASA are not to be edited or altered in any way by anybody other than the photographer or an editor approved by the photographer in writing and that the ASA logo must remain legible on all photos on which that signature exists;
   4. That ASA/AA is not responsible for any images or likenesses of me captured by persons who are not an official or endorsed representative of ASA; and
   5. That if I wish to opt out of agreeing to this photograph and video clause, I can do so by sending a request by email to admin@athleticssa.com.au informing ASA that I do not consent to anyone (including ASA, either by authorised or endorsed representatives of ASA) taking or capturing any image or likeness of me.

Indemnity

10. I agree, to the maximum extent permitted by law, that I indemnify ASA and will keep ASA indemnified against any claim, right, cause of action however arising including from any negligent act or omission of any person, whether presently or not presently ascertained, immediate future or contingent, which I may have arising from any injury, loss or damage of any kind suffered by me including personal injury, illness or death and/or loss or damage to any property arising either directly or indirectly out of my attendance at or participation in the Event or any related activities.

Cancellation

11. I agree that if the Event is cancelled or if I do not participate in the Event for any reason whatsoever, my entry fee will not be refunded, and no liability will attach to the Organiser or the Event Sponsors in relation to cancellation.

Medical Treatment

12. I consent to receive, and agree to pay for, any and all medical treatment (including transport by ambulance) which I require in relation to my participation in the Event and which is considered in the reasonable opinion of the Event medical officials to be necessary, before, during or after the Event.

Under 18s

13. I acknowledge that, if I am under the age of 18, I have the express permission of a parent or guardian to participate in the Event and that I (and my parent or guardian) have read, understood and accept the terms and conditions of this Waiver and agree to be bound by the terms and conditions of this Waiver in relation to my attendance in the Event.
14. I understand and agree that it is necessary for me to agree to the terms and conditions of this Waiver in order to participate in the Event and to receive any related services provided by ASA.

Privacy Statement

15. By entering this Event, I consent to my personal information being provided to ASA and AA.
16. I further consent to receiving information from ASA and AA including details of other events and special offers or promotions. This may include a monthly e-newsletter
17. I understand that ASA and AA will not sell or disclose my personal information to any third party, unless required by law or for insurance purposes.
18. If I DO NOT consent to my personal information being disclosed and used or receiving information about the ASA and AA programs, I agree to email the Event organiser at events@athleticssa.com.au expressly saying so.

Statutory information, warning and exclusion applicable to competitions and events held in South Australia:

Your rights:

19. Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services – which consist of participation in a sporting activity or similar leisure-time pursuit or any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment and leisure), there is—
    1.  a statutory guarantee that those services will be rendered with due care and skill; and
    2. a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
    3. a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).

Excluding, restricting or modifying your rights:

20. Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).
21. If you sign this form, you will be agreeing to exclude, restrict or modify the supplier's liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury (which includes bodily injury and includes mental and nervous shock and death).

Important

22. You do not have to agree to exclude, restrict or modify your rights by signing this form.
23. The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form.
24. Even if you sign this form, you may still have further legal rights against the supplier.
25. A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.
26. A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.

Agreement to exclude, restrict or modify your rights:

27. I agree that the liability of ASA for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded.

Further information:

28. Further information about your rights can be found at www.ocba.sa.gov.au

Participant Consent (in respect of a person over the age of 18 years)

29. I have read and understood this declaration and terms and conditions. I confirm and warrant that the contents of this declaration and terms and conditions are true and correct in every particular.