Terms & Conditions
Hertz / BRW Corporate Relay Run Terms & Conditions
I hereby apply for entry to the Hertz / BRW Corporate Relay Run 2012 (“Event”). In so applying and in consideration of my application for entry to the Event being accepted I acknowledge and agree that (for competitors under the age of 18 a parent or guardian must also make this declaration):
1. "SSE" for the purposes of this declaration means and includes SuperSprint Events Pty Ltd, Triathlon Australia Inc, their subsidiaries and their respective members, directors, officers, members, servants or agents.
2. If accepted I will be permitted to participate in the Event subject to my complying with the terms and conditions of the Event, this declaration and any reasonable direction issued by the Event organisers or their representatives.
3. This document cannot be amended. If I do amend it my application will be null and void. It cannot be accepted by SSE.
4. Insurance is in place that may provide limited cover to me whilst I am participating in the Event. I understand that this insurance may not cover me for all injury, loss or damage sustained by me and I acknowledge that SSE does not make any representations about the suitability of the any insurance. I also understand I can, in my own interests and at my own expense, seek and obtain personal insurances over and above the cover provided by SSE.
5. The Event rules and this declaration comprise a contract between me and SSE which are necessary and reasonable for promoting and conducting the Event.
6. Warning: Participation in the Event can be inherently dangerous. I acknowledge that I am exposed to certain risks during the Event including, but not limited to, overexertion, equipment failure, dehydration, serious accidents, and course and weather conditions. Such risks can and often do happen which may result in me being personally injured or killed or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in the Event.
7. Exclusion of Implied Terms: I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. I acknowledge that these implied terms and rights and any liability of SSE flowing from them, are expressly excluded to the extent possible by law.
To the extent of any liability arising, the liability of SSE will, 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 resupply of the services or payment of the cost of having the services supplied again. WARNING UNDER THE FAIR TRADING ACT 1999: Under the provisions of the Fair Trading Act 1999 (Vic) several conditions are implied into contracts for the supply of certain goods and services.
These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are –rendered with due care and skill; and as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you.
If you submit this application, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this formNOTE: 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” is defined in the Fair Trading (Recreational Services) Regulations 2004
8. Release and Indemnity: In consideration of SSE accepting my application for entry to the Event, I to the extent permitted by law: (a) release and will release SSE from all Claims that I may have or may have had but for this release arising from or in connection with my participation in the Event; and (b) indemnify and will keep indemnified SSE in respect of any Claim by any person including another participant in the Event arising as a result of or in connection with my participation in the Event. In this clause 8 "Claims" means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence but does not include a claim in respect of any action, suit, etc made by any person entitled to make a claim under a relevant Event insurance policy.
9. Fitness to Participate: I declare that I am and will continue to be medically and physically fit and able to participate in the Event. I am not and will not be a danger to myself or to the health and safety of others. I will immediately notify SSE in writing of any change to my fitness and ability to participate. I understand and accept that SSE will continue to rely upon this declaration as evidence of my fitness and ability to participate.
10. Use of image: I consent to the Event organisers using my name, image, likeness and also my performance in the Event, at any time, to promote the Event or any future similar events by any form of media.
11. Use of email address: I consent to receiving electronic newsletter material from the Event organisers or their authorised representatives prior to and after the Event.
12. Consent to medical treatment: I consent to receiving any medical treatment that the Event organisers or their authorised representatives consider necessary or desirable during or after the Event. I also agree to reimburse the Event organiser and SSE for any costs or expenses incurred in providing me with medical treatment.
13. Entries are non-transferable to other events or other people. Any attempt to transfer my entry to another person without the knowledge of SSE may result in the cancellation of my entry without refund and I may not be permitted to participate in further SSE events.
14. Prevailing conditions: The Event and the conduct of, and participation in the Event may be affected by weather and associated conditions. Given there is often an element of the "luck of the prevailing conditions" in entering and competing in the Event I acknowledge and agree the Event organisers cannot control the weather and associated conditions. I accept that in the event of extreme weather conditions SSE reserves the right to alter the format of, shorten, or cancel the Event in the interest of competitor safety. I acknowledge that SSE will use all reasonable efforts to conduct the Event in the planned format if safe to do so. Should prevailing weather conditions force any change I accept that SSE is not obliged to provide any refund to me, nor to provide a credit or transfer for me to another SSE event, nor to restage the Event, as weather and associated conditions are beyond the control of SSE.
15. I accept that my entry fees are non-refundable under any circumstance unless I pay the optional Race Cancellation Refund Levy in which case, should the event be cancelled due to prevailing conditions, I will be entitled to a refund of my entry fee only and not any additional fees or costs associated with participation in the Event.
16. I am fully responsible for the security of my personal possessions at the event including my bike and other valuable items in all areas including within the race transition area. SSE will not be liable for replacement of any personal possessions.
17. I acknowledge that I will receive a race timing band at all timed events which remains the property of SSE. Should I not return my timing band to SSE I agree to reimburse them $50.
18. SSE has a Privacy policy and the information that I have provided with this application is necessary for the conduct of the Event. I acknowledge and agree that the information will be used by SSE to facilitate the conduct of the Event and other events conducted by SSE. I acknowledge and agree my information may be used for marketing purposes by a third party or the Event sponsor unless I nominate not to be included in any such activity. I understand that I will be able to access my information through SSE. If the information is not provided my entry application may be rejected.
19. SSE has the right to close entries once the field cap has been reached regardless of the circumstances.
20. I must not put up my (or any other) entry for auction on EBay or offer it for sale through any other medium. All individuals involved will be disqualified for doing so.
21. No entries will be accepted on Event Day, unless specifically specified by SSE.
22. To be eligible to participate in the Event I must be at least 18 years of age at the date of the event.
23. Payment by Diners Club and AMEX Cards will incur a 3% surcharge including GST. There will be no extra charges for Visa or MasterCard.
24. SSE reserves the right to withdraw any team that does not complete its team entry by the nominated completion date.
25. I have read, understood, acknowledge and agree to the above declaration including the warning, exclusion of liability, release and indemnity. I acknowledge that if my application to enter the Event is successful I will be entitled to participate in the Event.
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