Beach to Brother
Participant Risk Warning, Waiver, Release & Indemnity
ACKNOWLEDGEMENT, WAIVER, RELEASE AND RISK WARNING (SECTION 5M CIVIL LIABILITY ACT 2002) WARNING: THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS. PLEASE READ THE ENTIRE DOCUMENT CAREFULLY. ALL PARTICIPANTS, PARENTS AND GUARDIANS, MUST ACCEPT THE CONDITIONS THAT ARE SET OUT IN THIS DOCUMENT.
“Associated Training” means any training including but limited to, any training run(s) organised or coordinated by the Organiser.
“Event” means the Beach to Brother event.
“I” means the person, including parents and guardians that execute this document.
“Indemnified Parties” means the Organiser, Event Sponsors, landowners, volunteers, community organisations and all Local, State and Federal Government Authorities with responsibility for the locality in which the Event and/or Associated Training may be or is staged, and includes all of their respective officers, directors, employees, servants, sub-contractors, independent contractors, representatives, agents and volunteers.
“Organiser” means VO2 Performance.
“Person” means any legal entity.
- I understand that participating in the Event and any Associated Training carries with it certain dangers including the risk of physical or mental injury (including the aggravation, acceleration or recurrence of such an injury), death and/or property damage and I accept (to the maximum extent permitted by law) all risks associated with my participation. I understand that participating in the Event and Associated Training will involve walking or running on running on isolated and often remote areas off-road, on beaches, on tracks, and on trails often on rough loose and slippery surfaces. There may be unmarked trip hazards, dangerous cliffs and dangerous wildlife on the course. I am aware of the hazards involved. The hazards include, but are not limited to, road or track surfaces, remoteness from assistance or medical aid, the extremely strenuous nature of covering the Event and Associated Training distance on foot, becoming lost, vehicle traffic, actions of participants, spectators, Organiser’s personnel, supporting agencies, weather conditions, sleeplessness, hypothermia and heat exhaustion, condition or suitability of participant’s clothing, footwear or equipment. In my judgment I have sufficient competence and experience to participate safely in the Event and Associated Training.
- I acknowledge that I have received this risk warning and that any representation I receive from any other Person, whether orally, in writing or otherwise, will not be taken as a contradiction to this risk warning.
- I certify that I am physically fit, have sufficiently trained for participation in the Event Associated Training and have not been advised otherwise by a qualified medical person and that I have been given the opportunity by the Organiser to attend a briefing prior to the Event and any Associated Training. I confirm that the Organiser and/or allied health volunteers have not provided me with medical advice regarding my participation in the Event and/or Associated Training (and are not responsible for providing me with such medical advice).
- I agree that, to the extent permitted under section 5N of the Civil Liability Act 2002 (NSW), the Indemnified Parties are excluded from all liability whatsoever and however occurring (whether under tort (including negligence), statute, contract, equity or otherwise), including but not limited to, in respect of any:
- physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
- contraction, aggravation or acceleration of a disease; or
- coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to an individual or the community or that may result in harm to an individual or the community, where such liability would otherwise arise under or in relation to any warranty or guarantee:
- that the Event and/or Associated Training will be provided with due care and skill;
- that the Event and/or Associated Training will be fit for any particular purpose;
- that the Event and/or Associated Training will (or might reasonably be expected to) achieve any particular result; or
- that the Event and/or Associated Training will be supplied within a reasonable time, except that the exclusion of liability will not apply to significant personal injury caused by the reckless conduct (as defined in section 139A(5) of the Competition and Consumer Act 2010) of the supplier of the relevant services or with reckless disregard, with or without consciousness.
- On behalf of myself, my executors, administrators, heirs, next of kin, successors and assigns, I:
- RELEASE AND DISCHARGE the Indemnified Parties, to the maximum extent permitted by law, from any and all liability for death, disability, personal injury, property damage, property theft and all other loss, damage or liability whatever and however occurring (whether under tort (including negligence), statute, contract, equity or otherwise) which I or any other person may suffer as a result of or in connection with, directly or indirectly, my participation in the Event and/or Associated Training and I waive all and any rights, claims, actions or suits against the Indemnified Parties which but for the execution of this Acknowledgement Waiver, Release and Indemnity I may have had against the Indemnified Parties or any of them now or in the future;
- INDEMNIFY AND HOLD HARMLESS and will keep indemnified each of the Indemnified Parties whatever or however caused which may be brought against them or any of them which arises in connection with my participation with the Event and/or Associated Training.
- Without limiting the above, to the maximum extent permitted by law, I release the Indemnified Parties from all liability for:
- any consequential loss; and
- any economic loss, suffered or incurred by me or any other person arising out of or in connection with my participation in the Event and/or Associated Training.
- Nothing in this document prevents the Indemnified Parties from relying on any laws (including statutes and common law) that limit or preclude their liability.
- Nothing in this document excludes any term or guarantee which, under statute, cannot be excluded however the liability of the Indemnified Parties is limited to the minimum liability allowable by law. In particular, I understand that I may have rights under consumer guarantees set out in the Australian Consumer Law.
- I acknowledge that I am responsible for my personal possessions and equipment during the Event and Associated Training.
- I accept the communications, search, rescue and medical aid arrangements put in place for the Event and/or the Associated Training. I understand and agree that in the first instance I am responsible for the provision of first aid to myself and those around me. As a competitor I am responsible for my timely removal from the course to a medical facility. I give my consent to receive any first aid and medical treatment which may be deemed advisable in the event accident, injury and/or illness as a result of my involvement in the Event and/or Associated Training. I understand treatment requested from allied health volunteers is at my own risk.
- I certify that the medical information supplied by me on the entry form is true and I consent to and authorise that information to be provided to any medical practitioner, ambulance officer or any person involved or associated with any medical treatment or assistance that may be given to me as a result of my participation in the Event and/or Associated Training, regardless of whether the treatment is given.
- I acknowledge that the Event and/or Associated Training arranged insurance covers public liability and not myself whilst participating in the Event and/or Associated Training. I am responsible for my personal accident insurance and ambulance cover.
- I understand that during the Event, and/or Associated Training I may be photographed or filmed. I agree to allow my photograph, video or film likeness to be used for any legitimate purpose by the Organiser, Event Sponsors and/or assigns and that any such photograph, video or film likeness will become and remains the property of the Organiser.
- I agree to abide by the Event Rules and I will comply with all instructions issued to me by or on behalf of the Indemnified Parties in relation to my participation in the Event and/or Associated Training. I understand that my entry may be voided if through my actions or behaviour, in the opinion of the Organiser, I break any of the Event rules or I bring the Event or Indemnified Parties into disrepute. I further understand that the Organiser reserve the right to reject any entry without having any justification for their actions.
- I understand that in the event of a cancellation the registration fee is non-refundable and non-transferable.
- The Organiser reserves the right to alter the course of the Event and/or Associated Training without notice and/or cancel the Event and/or Associated Training in consultation with and under the direction of Emergency Service agencies and the Indemnified Parties.
- I hereby certify that the date of birth I used to register for the Event is true and correct at time of entry.