WAIVER for recreational services or activities provided in Victoria:
For recreational services to which the Australian Consumer Law (Victoria) applies:
Warning under the Australian Consumer Law and Fair Trading Act 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that SME 360 and its Associates (both as defined in the Terms and Conditions below) are required to ensure that the recreational services it supplies to You:
(a) are rendered with due care and skill; and
(b) are reasonably fit for any purpose which You, either expressly or by implication, make known to SME 360; and
(c) might reasonably be expected to achieve any result You have made known to SME 360.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, SME 360 is entitled to ask You to agree that these statutory guarantees do not apply to You. If you accept and agree to the Terms and Conditions, you will be agreeing that Your rights to sue SME 360 under the Australian Consumer Law and Fair Trading Act 2012 if You are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in the Terms and Conditions.
NOTE: The change to Your rights, as set out in the Terms and Conditions, does not apply if Your death or injury is due to gross negligence on SME 360’s part. “Gross” negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
By clicking the “I accept the Waiver for this event” button You warrant and represent to SME 360 that:
– You are eligible to apply for participation in the Event;
– You have read and understood and agree to be bound by the Waiver (as defined below); and
– You acknowledge and agree that if You are accepted to participate in the Event, You must comply with the Waiver (as defined below).
NOTE: Competitors under the age of 18 years can only participate where a parent or guardian accepts the Consent (as defined below)
1.1 “Associates” means SME 360 and its respective directors, employees, agents, contractors, and volunteers, including any medical personnel appointed for the Event, the owners, licensees and occupiers of land upon which the Event or any part of it is conducted, any statutory body or local authority having control over any land upon which the Event or any part of it is conducted, Event sponsors, or any other person or organisation, which is directly or indirectly involved with the promoting, staging, administering, running or controlling of Event.
1.2 “Claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence.
1.3 “Consent” means the form provided in the online entry system for parent or guardian acceptance and acknowledgement of the Waiver.
1.4 “Eligibility Requirements” means the requirements that must be satisfied for You to enter and participate in the Event, details of which are provided in paragraph 2 of the Waiver.
1.5 “Event” means the Carman’s Women’s Fun Run 2016.
1.6 “Event Day” means the day or days that the Event competition is held on
1.7 “SME 360” means Sports Media & Entertainment 360 Pty Ltd (ACN 602 963 413), our subsidiaries and authorised representatives. All references to “We”, “Us” or “Our” are references to Sports Media & Entertainment 360 Pty Ltd.
1.8 “Waiver” means these terms and conditions and the warning note provided in accordance with the Competition and Consumer Act 2010 Cth and the relevant state legislation allowing recreational service providers to limit their liability to You and where the context allows, any policies and rules applicable to the Event including those stipulated in the Event Details on Our website (http://carmanswomensfunrun.com.au/event-details) .
1.9 “You” means the person named on the Event application being the applicant and where accepted by SME 360, becoming a competitor in the Event. Where You are under 18 years of age, You also refers to the consenting parent or guardian who completes or provides the Consent.
1.10 “Weather Race Cancellation Levy” means the optional levy to be paid by You if you wish to secure a refund from SME 360 should the Event be cancelled by SME360 due to extreme weather or other dangerous conditions including but not limited to an act of God, strike, war, civil unrest, act of terror, or other occurrence beyond the reasonable control of SME360.
2 Eligibility to participate
2.1 You must be between 4 and 7 years of age on the day of the Event to participate in the Mini Fun Run. You must be at least 7 years of age on the day of the Event to participate in the 5 km distance and You must be at least 13 years of age on of the Event to participate in the 10km distance You must be at least 16 years of age on the day of the Event to participate in the Half Marathon distance.
2.2 If You are under 18 years of age on the date of the Event, a parent or guardian must accept the Waiver and acknowledge the Warning Note. Where no consent is provided, You warrant that You are 18 years of age or older on the date of the Event.
2.3 You must be medically and physically fit and able to participate in the Event. You acknowledge that the Event exposes you to a range of lighting effects including laser and strobe lighting which could affect existing medical conditions you may have including epilepsy.
2.4 You must not be a danger to Yourself or to the health and safety of others.
2.5 If You are unsure about your medical and physical fitness to participate in this Event You must seek advice from a medical practitioner before attending the Event.
3 Refusal of applications
3.1 SME 360 reserves the right to refuse any application for entry into the Event for any reason, including where:
3.1.1 an applicant does not meet the Eligibility Requirements;
3.1.2 an application is not completed by the nominated completion date;
3.1.3 the the maximum amount of entries has been reached, regardless of the circumstances; or
3.1.4 an application is made on the Event Day, unless SME 360 makes a specific exception allowing the application.
3.2 SME360 accepts no liability for any late, lost or misdirected entries due to technical disruptions, network connections or any other reason outside the control of SME360.
4 Your obligations.
4.1 If Your application to participate in the Event is accepted You will be permitted to participate in the Event on the condition that You comply with the Waiver and any reasonable direction issued by the Event organisers or their representatives.
4.2 You must immediately notify SME 360 in writing of any change to Your fitness and ability to participate in the Event. Where You do not provide any written notice to SME 360, SME 360 will rely upon this as evidence of Your fitness and ability to participate.
4.3 In applying to participate in this Event You consent to receiving any medical treatment that the Event organisers or their authorised representatives (including emergency services providers) consider reasonably necessary or desirable during or shortly after the Event. You must reimburse the Event organiser and SME 360 for any costs or expenses incurred in association with providing You with medical treatment.
4.4 You must pay the fees due at the time of submitting Your application. No applications will be accepted or considered unless and until all fees have been received by SME 360.
4.5 You acknowledge that alcohol may be served at and during the Event. If You are under 18 years of age You must not consume any alcohol at or during the Event. If You breach this condition You may be removed from the Event immediately by SME 360.
5 Risks, liability and indemnity
5.1 You acknowledge that participation in the Event can be inherently dangerous and that You may be exposed to certain risks during the Event including, but not limited to, overexertion, equipment failure, dehydration, serious accidents, exposure to a range of lighting effects including laser and strobe lighting and risks associated with the course and adverse weather conditions. These risks can and often eventuate and they may result in You being personally injured or killed or Your property being damaged or the event being cancelled. By entering into or participating in the Event You agree that:
5.1.1 You have read and understood the risks associated with participating in the Event and this warning, and accept and assume the inherent risks in participating in the Event.
5.1.2 You are fully responsible for the security of Your personal possessions at the Event including other valuable items. You agree that SME 360 is not responsible or liable for the repair or replacement of any personal possessions whether lost, damaged, stolen or otherwise.
5.1.3 You acknowledge that where You are a consumer of recreational services, as defined by the Competition and Consumer Act 2010 (Cth) or any relevant state law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. You acknowledge that these implied terms and rights and any liability of SME 360flowing from them, are expressly excluded to the extent permitted by law. To the extent of any liability arising, the liability of SME 360will, at its discretion, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the entry fee relating to the Event.
6 Release and indemnity
In consideration of SME 360 accepting Your application for entry to the Event, You, on behalf of yourself, Your heirs, executors and administrators, to the extent permitted by law:
6.1 release SME 360 and the Associates from all Claims that You have or may have had but for this release arising from or in connection with Your participation in the Event; and
6.2 indemnify SME 360 and the Associates and will keep SME 360 and the Associates indemnified in respect of any Claim (including for negligence, breach of contract or breach of Statute) by any person including another participant in the Event arising as a result of, in connection with, or in relation to Your participation in the Event or arising as a result of You transferring Your entry in the Event to another person or arising from You permitting another person to participate in the Event in Your stead. This indemnity may be pleaded as a bar to any Claims. The releases and indemnities in the Waiver continue forever and bind You, Your heirs, executors, personal representatives and assigns.
6.3 A term of this clause 6 will not apply where the term contravenes the law of the relevant jurisdiction under which any legal action is legitimately taken however such terms are severable and do not invalidate the remaining terms.
You acknowledge and agree that insurance is in place that may provide limited cover to You whilst participating in the Event. You understand that this insurance may not cover You for all injury, loss or damage sustained by You in participating in the Event and You acknowledge that SME 360 does not make any representations about the suitability of the insurance. You also agree that You can, in Your own interests and at Your own expense, seek and obtain personal insurance over and above the cover provided by SME 360.
8.1 You must pay all the fees due, including any amounts payable for additional optional services such as the Weather Race Cancellation Levy, additional merchandise, charitable donations and other options You nominated at the time of entry into the Event.
8.2 You acknowledge that SME360 uses a third party payment facilitator, Register Now Pty Ltd (ACN 120 251 489) (‘Register Now’), and that a booking fee of 2.53% will apply in addition to your entry fee.
9.1 You accept that Your entry fees are non-refundable unless:
9.1.1 SME cancels the Event for reasons outside its control (including but not limited to extreme weather or other dangerous conditions) and You have paid the Weather Race Cancellation Levy; or
9.1.2 You provide SME 360 with a valid medical certificate from a certified medical practitioner with a Medicare provider number and the medical certificate is received by SME 360 by 12pm no less than 10 business days prior to the Event in which case SME360 may grant You a refund (minus a $10 administrative fee); or
9.1.3 SME360 cancels the Event for reasons which are directly within its control.
9.2 Competitors unable to compete in the Event for any reason (except disqualification) are entitled to keep any event garment, show bag or gift bag as relevant if already received from SME 360, but there will be no refunds for Your entry fees unless You are entitled to a refund under 9.1 and have complied with all of Your obligations under the Waiver.
9.3 There will be no refunds for any other items purchased at the time of registration, such as charitable donations.
9.4 You acknowledge and agree that due to the nature of this event and the element of “luck” in the prevailing conditions, that Your entry and participation in the Event may be affected by matters outside of the control of SME 360, including but not limited to the weather, safety and associated conditions. You accept that in such circumstances SME 360 has the right to alter the format of, shorten, or cancel the Event in the interest of competitor safety. SME 360 will use all reasonable efforts to conduct the Event in the planned format if safe to do so. Should any reason outside the control of SME 360, including without limitation weather or other dangerous conditions, war, strike or any other act of god force any change, You accept that SME360 is not obliged to provide You with any refund, credit, transfer to another SME 360 event or to restage the Event.
9.5 If the Event is cancelled and You purchased the Weather Race Cancellation Levy for the Event, You may be entitled to a refund of Your entry fee. No additional fees or costs associated with participation in the Event are covered by the Weather Race Cancellation Levy.
10 Transfers and resale
10.1 Entries are non-transferable to other events. If you wish to switch into a different distance for the Event, you may do so free of charge before 5pm 9 days before the Event. If you wish to change distance within 9 days of the Event you will be charged a $10 administrative fee. No transfers will be granted within 2 days of the Event.
10.2 Any attempt to transfer Your entry to another person without the knowledge of SME 360 may result in the cancellation of Your entry without refund and You may be prohibited from participating in other SME 360 events.
10.3 You must not offer Your (or any other persons) Entry for sale through any medium, including auctions (on eBay or any other auctioning or similar means). All individuals involved in such conduct will be disqualified from the Event.
11.2 You understand that You will be able to access Your information through SME 360 via its website or by email [insert contact email].
11.3 If the information is not provided Your application may be rejected.
11.4 You warrant that the information You provide in Your application is correct. If You provide incorrect information, SME 360 may disqualify You from the Event and You may be ineligible to participate in future SME 360 events.
11.5 You consent to the Event organisers using Your name, image, likeness, voice, statement and also Your performance in the Event (including the publication of Your name and/or Event result, suburb and applicable age bracket on SME 360’s website), at any time, to promote the Event or any future similar events by any form of media.
11.6 You consent to receiving electronic newsletter material from the Event organisers or their authorised representatives prior to and after the Event. Unless You have nominated otherwise, You acknowledge and agree that Your information may also be used for marketing purposes by a third party or the Event sponsor.
11.7 Despite clause 11.6, You agree and acknowledge that by entering the Event, your entry information will be passed on to Everyday Hero Pty Ltd ABN 21 117 080 430 (the online fundraising partner for the Event) (‘Everyday Hero’) for the sole purpose of facilitating fundraising for Breast Cancer Network Australia. This process will assist in making fundraising easier for you negating the need for you to re-enter your details and helping to raise more money for people affected by breast cancer. Within around 1 month of entering the Event, Everyday Hero will email you an invitation to fundraise on behalf of Breast Cancer Network Australia. You may choose to “activate” your page by clicking on the fundraising page link. If you choose not to fundraise simply do nothing, or you can choose to unsubscribe from the fundraising email. SME 360 has no responsibility to You in connection with such fundraising with Everyday Hero and You release SME 360 from all claims whatsoever in connection with such fundraising.
12 Governing laws
Your participation in the Event or Series is governed by the laws of the state of Victoria, Australia or as otherwise agreed by the parties.
You agree and accept that SME360 may vary the Waiver without prior notice to You provided the change is not material to Your participation in the Event. .
If any term or condition (in whole or in part) is illegal or unenforceable, that term or condition (or part) is to be severed from the Waiver to the extent that it is illegal or unenforceable. Any remaining part of a term or condition remains valid continues to operate to its full force and effect.