ACKNOWLEDGEMENT, WAIVER AND RELEASE (SECTION 5M CIVIL LIABILITY ACT 2002) PARTICIPANTS WARNING: THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS. PLEASE READ ALL OF THE DOCUMENT CAREFULLY. ALL PARTICIPANTS MUST ACCEPT THESE CONDITIONS.
1. The Participant (Participant) in Miracle Moon Walk (the Event) acknowledges and agrees that these terms and conditions are subject to change from time to time at the discretion of the Event Management partner organisation, ChallengeWorks Pty Ltd ABN: 57 606 424 784 (ChallengeWorks) and Miracle Babies Foundation Ltd ABN 14 137 434 596 (Miracle Babies Foundation). Notice of changes will be made through the Event website.
2. I declare, as a condition of entry into the Event, that I will have undertaken sufficient training for the Event and that I am not aware of any illness, injury, physical disability or impairment which may cause me injury or death during or as a consequence of Event participation.
3. I understand and acknowledge the risks involved in participating in the Event. The Event will involve walking in an urban environment during daylight and night hours. I am aware of the hazards involved and acknowledge that there is always risk of injury (including permanent injury, mental injury, paralysis and death) and damage to my property. The hazards include, but are not limited to the strenuous nature of the Event, weather conditions, hypothermia and heat exhaustion, condition or suitability of Participant’s equipment. In my judgement I have sufficient competence, experience, skills and equipment to participate in all Event activities in a manner safe to myself and others.
Agreement Waiver and Indemnity
4. In consideration of acceptance of my entry in the Event, I, and on behalf of my heirs, executors and administrators agree with each of the Indemnified Parties (as defined herein) and declare that: I hereby waive release and discharge all and every claim, right or cause of action (including for negligence, for breach of contract or breach of Statute) for which I might have or which arises out of my death, injury, damage or loss of any description which I may suffer or sustain as the result of my participation in the Event.
5. This waiver release and discharge shall operate in favour of ChallengeWorks, Miracle Babies Foundation, and their respective directors and officers (Indemnified Parties), and its respective directors, officers, agents, contractors, employees and volunteers including medical and paramedical personnel appointed for the Event, event stakeholders, 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 suppliers, Event sponsors, Charity Partners, supporters, persons, corporations, contractors, sub-contractors, volunteers, servants and employees involved or otherwise engaged in promoting, staging, administering, running or controlling the Event.
6. I agree to indemnify and keep indemnified the Indemnified Parties against all actions, suits, demands, claims, proceedings, costs, expenses, liabilities and judgements whatsoever (including without limitation for negligence, breach of contract and/or breach of statute) arising out of or in relation to my participation in the Event. This indemnity may be pleaded as a bar to any action, claim, demand, suit or legal proceedings. The releases, waivers and indemnities in this document continue forever and bind my heirs, executors, personal representatives and assigns.
7. I agree to accept full responsibility to inform myself and assess all the dangers, hazards and risks of entry in the Event and rely solely on my own assessment of these dangers, hazards and risks before participating in the Event and notwithstanding any decision thereon made by Miracle Babies Foundation. The decision to participate is entirely my own and I accept all risks associated with participation in the Event, including but not limited to loss of life and/or any injury including without limitation any permanent injury.
Conditions, rules and regulations
8. I agree to abide by all Event terms and conditions. I understand that all parts of the official course remain open to the general public for the duration of the event and I agree to observe normal traffic rules and obey all directions and instructions given by Event officials and the police.
9. I agree and accept that ChallengeWorks may, in its absolute discretion, at any time and from time to time vary the rules and regulations of the Event and without prior notice to me.
Medical and health
10. I consent to receive such medical aid or preventative treatment which may be deemed advisable in the unfettered discretion of Event Medical Officials in the Event of any injury accident or illness to me during my participation in the Event.
11. I agree to notify Miracle Babies Foundation, prior to the commencement of the Event, of any relevant medical condition that may have an impact on my health due to my participation in the Event. You can contact Miracle Babies Foundation by emailing [email protected].
12. I certify that the medical information supplied by me 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, regardless of whether the treatment is given.
13. I acknowledge that the Event insurance covers public liability, ChallengeWorks and its interested parties but does not extend to the Participant. I am therefore responsible for my own personal accident insurance and ambulance cover.
Entry fees, changes, cancellations, refunds
14. I acknowledge that I am responsible for payment of the Event Registration Fee of $65 including GST. ($55 Early Bird)
15. I agree that registration in the Event is personal to me and that no other person is permitted to participate in the Event in my place unless registration has formally been transferred by Miracle Babies Foundation. I declare that all the information supplied by me on the entry form is true and correct.
16. Miracle Babies Foundation and ChallengeWorks reserve the right to change or modify any part of the Event including the course and location at any time and from time to time. Details of any such changes will be published via the Event website.
17. Subject to clause 15, Miracle Babies Foundation will accept transfers of entries up until 16 August 2019 without any penalties or additional fees being incurred. Transfer of entries after 16 August 2019 will incur a $20 administration fee.
18. I agree that Miracle Babies Foundation reserves the right to cancel the Event due to weather conditions, natural disaster, acts of god, terrorism, war or any sort of dangerous conditions and/or force majeure. If such conditions warrant the cancellation of the Event, a full refund of the Event Registration Fee payment will be provided, and I agree to forfeit to Miracle Babies Foundation all donations made up until the cancellation date.
19. I agree that Miracle Babies Foundation reserves the right to postpone the Event until a later date due to weather conditions, natural disaster, acts of god, terrorism, war or any sort of dangerous conditions and/or force majeure. If such conditions warrant the postponement of the Event, all entries, payments and donations will be transferred to the new event date.
20. I agree that Miracle Babies Foundation reserves the right to cancel the Event if insufficient entries are received. If such circumstances warrant the cancellation of the Event, a full refund of all Event Registration Fee payments will be provided. I agree to forfeit to Miracle Babies Foundation all donations made up until the cancellation date.
21. I agree that should I choose to withdraw from the Event I will forfeit to Miracle Babies Foundation all Event Registration Fee payments made up until my withdrawal date and to Miracle Babies Foundation all donations made up until my withdrawal date.
22. I commit to fundraise a minimum of $150 for Miracle Babies Foundation and will make every effort to reach this target. Failure to achieve the minimum target will not result in any censure or additional fee.
Access to the Event and use of data
23. I acknowledge that Miracle Babies Foundation or its representative (ChallengeWorks) may remove me from the Event area and/or exclude me from participation in the Event if in Miracle Babies Foundation’s sole opinion it is necessary to do so (a) if my behaviour is inappropriate, offensive, or abusive, (b) to prevent damage to any property, (c) on medical or health and safety grounds (including to prevent possible harm or injury to myself and/or any other person).
24. I consent to the publication and/or use in any form of media whatsoever of my name, result, image, voice, or statement, without payment or compensation.
Understanding and acceptance
26. I certify that I am 18 years or older and I have read this document and fully understand it. If I am under 18 years my legal guardian makes this certification on my behalf.