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.
