TERMS AND CONDITIONS OF ENTRY
- In consideration of, and as a condition of acceptance of my entry into the Ellimatta Youth Fun Run event, I agree and verify that the information I have supplied in this entry registration is true and correct and I understand that any false information which may be found to have been deliberately provided by me, may lead to my disqualification from or non-acceptance into the Event. I also agree that it is a condition of my entry to the Event that I agree to and comply with these terms and conditions.
- I agree that I am physically fit and have sufficiently trained for the Event. I confirm that I do not have any physical or intellectual impairment that may make my participation unsafe for myself or others.
- I, for myself, my heirs, my executors and administrators hereby waive and release to the extent permitted by law, the event organiser, its agents, affiliates, employees, members, sponsors, promoters, volunteers and any person or body directly or indirectly associated with the event (“Released Parties”) from all claims, demands and proceedings arising out of or connected with my participation in this event and indemnify the Released Parties from and against all liability for all injury, loss or damage arising out of/or connected with my participation in this Event. This release continues for ever and binds my heirs, successors, executors, personal representatives and assigns. This waiver and release specifically excludes the Released Parties from liability for ordinary negligence in the conduct of the Event and the application of any of the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law and the Released Parties shall be excluded from liability under any civil liability or consumer law applicable to the State in which this Event is held, to the extent permitted by law and by the relevant consumer laws.
- I acknowledge that I have sole responsibility for my personal possessions and athletic equipment during the Event.
- I consent to receive such medical treatment which may be deemed advisable in the event of injury, accident and/or illness during the Event.
- I agree to comply with all the rules and directions of Event officials and their servants and/or agents.
- I grant to Ellimatta Youth Inc. and contractors or suppliers engaged by Ellimatta Youth Inc. in connection with the Event a royalty-free right to use my name, image and likeness in broadcasts, telecasts, media press and materials and promotional materials connected to the Event.
- I agree that if the Event is cancelled due to Extreme or Code Red fire risk, severe storm, rain, inclement weather, winds or other Acts of God conditions or other factors beyond the control of Ellimatta Youth Inc. my entry fee shall be non- refundable but transferrable to the re-scheduled event date Ellimatta Youth Inc. will schedule another event for me to participate in should this occur.
- 1 While I agree that there are no refunds in the event of the conditions listed above, I acknowledge Ellimatta Youth Inc. will schedule the race to be held on another date and my participation will automatically transfer. If I cannot attend the next scheduled event I am entitled to request a refund or a credit note for other Ellimatta Youth Inc. Fun Run events. I have 30 days to request a Credit Note or refund in writing to email@example.com. Credit notes will be valid for Ellimatta Youth Inc. Fun Run events only. Credit notes are valid for 1 year from the date of issuing.
- I agree to have my personal details recorded and used by Ellimatta Youth Inc for further communications and the promotion of future fun run events.
- I grant Ellimatta Youth Inc. consent to send me event and promotional material.
- I agree that it is the responsibility of the participant to position themselves in the appropriate position at the start line. If I can run 10km in under 50 minutes I will position myself at the front of the start pack. If I have a pram or am walking or a slow runner I will position myself at the back of the starting line.
- Net time is the time the participant crosses the start line until they cross the finish line. This is how results are displayed on the website and are for participant information only.
- I have read the above declaration, conditions of entry and the race rules and regulations which are provided ellimattayouth.org.au/fun-run and agree to abide by these and all other terms and conditions or directions issued by Ellimatta Youth Inc. Fun Run staff and contractors.
- Where the Event is conducted in the State of Victoria, I acknowledge receipt of and I agree to the following notification: Warning under the Australian Consumer Law and Fair Trading Act 2012 (Vic): Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is 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 the supplier; and (c) might reasonably be expected to achieve any result you have made known to the supplier. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier 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 this notice.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’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.