PERTH 6 FEB 2016
Warning under the Australian Consumer Law and Fair Trading Act 2012 (ACL)
Under the ACL, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that SuperSprint is required to ensure that the recreational services it supplies to You:
are rendered with due care and skill; and
are reasonably fit for any purpose which You, either expressly or by implication, make known to SuperSprint; and
might reasonably be expected to achieve any result You have made known to SuperSprint.
Under section 22N of the ACL, SuperSprint is entitled to ask You to agree that these statutory guarantees do not apply to You. By entering or participating in the Event, You agree that Your rights to sue SuperSprint (under the ACL) 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 SuperSprint’s part. Gross negligence is defined in the Australian Consumer Law and Fair Trading Regulations 2012.
Terms & conditions
By clicking the “I accept the terms and conditions for this event” button You warrant and represent to SuperSprint that:
You are eligible to apply for participation in the Event or the parent/guardian of a participant under 18 yrs of age;
You have read and understood these terms and conditions and all other relevant material, including any Event Rules, Event or Series Policies and the Warning and Note required under the ACL; and
You acknowledge and agree that if You are accepted to participate in the Event, You must comply with these terms and conditions and all other relevant rules and policies including the Event Rules and Event or Series Policies.
NOTE: Competitors under the age of 18 years can only participate where a parent or guardian accepts the Consent and acknowledges participation by response to Our correspondence. Competitors under the age of 15yrs MUST be accompanied by an adult at all times (an adult is classified as any person over 18yrs, whom accepts full responsibility for the participant).
“Claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence.
“Consent” means the form provided in the online entry system for parent or guardian acceptance and acknowledgement of the Terms and Conditions.
“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 Terms and Conditions.
“Event” means the NEON Run Series 2013/14.
“Event Day” means the day or days that the Event competition is held on.
“Weather Cancellation Refund Levy” means the optional levy to be paid by You to secure a refund from SuperSprint should the Event be cancelled.
“Organisers” means Super Sprint Events Pty Ltd and Bluegem Holdings Pty Ltd trading as TriEvents WA, our subsidiaries and authorised representatives. All references to “We”, “Us” or “Our” are references to the Organisers.
“Terms and Conditions” means these Terms and Conditions (including the Warning and Note) and where the context allows, any policies and rules applicable to the Event.
“You” means the person named on the Event application being the applicant and where accepted by SuperSprint, becoming a competitor in the Event. Where You are under 18 years of age, where relevant, You also refers to the consenting parent or guardian.
“Warning and Note” means the warning and note provided in accordance with the ACL allowing recreational service providers to limit their liability to You.
Eligibility to participate
You must be at least 10 years of age on the day of the Event to participate in the 5 km distance.
If You are under 18 years of age on the date of the Event, a parent or guardian must accept these terms and conditions and acknowledge the Warning and Note required by the Australian Consumer Law. Where no consent is provided, You warrant that You are 18 years of age or older on the date of the Event. Competitors under the age of 18yrs MUST be accompanied by an adult at all times (an adult is classified as any person over 18yrs, whom accepts full responsibility for the participant).
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.
You must not be a danger to Yourself or to the health and safety of others.
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.
Refusal of applications
SuperSprint reserves the right to refuse any application for entry into the Event for any reason, including where:
an applicant does not meet the Eligibility Requirements;
an application, is not completed by the nominated completion date;
the field cap has been reached, regardless of the circumstances; or
an application is made on the Event Day,unless SuperSprint makes a specific exception allowing the application.
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 Terms and Conditions and any reasonable direction issued by the Event organisers or their representatives.
You must immediately notify SuperSprint in writing of any change to Your fitness and ability to participate in the Event. Where You do not provide any written notice to SuperSprint, SuperSprint will rely upon this as evidence of Your fitness and ability to participate.
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 SuperSprint for any costs or expenses incurred in providing You with medical treatment.
Where the Event is timed, You will receive a race timing band. This band is the property of SuperSprint and You must return it to SuperSprint or You must reimburse SuperSprint $50.00. If You fail to return or pay the timing band replacement fee.
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 SuperSprint.
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 SuperSprint.
Risks, liability and indemnity
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. By entering into or participating in the Event You agree that:
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.
You are fully responsible for the security of Your personal possessions at the Event including other valuable items. You agree that SuperSprint is not responsible or liable for the repair or replacement of any personal possessions whether lost, damaged, stolen or otherwise.
You acknowledge that where You are 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. You acknowledge that these implied terms and rights and any liability of SuperSprint flowing from them, are expressly excluded to the extent permitted by law. To the extent of any liability arising, the liability of SuperSprint 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 entry fee relating to the Event.
Release and indemnity
In consideration of SuperSprint accepting Your application for entry to the Event, You to the extent permitted by law:
release SuperSprint 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
indemnify SuperSprint and will keep SuperSprint indemnified in respect of any Claim by any person including another participant in the Event arising as a result of or in connection with 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.
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 SuperSprint 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 SuperSprint.
You must pay all the fees due, including any amounts payable for additional services such as the Weather Cancellation Refund Levy, additional merchandise and other options You nominated at the time of entry into the Event.
Payment by AMEX Cards will incur $1.10 plus a 3.3% surcharge including GST. There will be no extra charges for Visa or MasterCard.
You accept that Your entry fees are non-refundable under any circumstance unless the event is cancelled and You have paid the Weather Cancellation Refund Levy. SuperSprint is not required to refund entry fees where a competitor has a change of mind.
Competitors unable to compete in the Event for any reason are entitled to receive any event garment, show bag or gift bag as relevant, which can be collected from the event site.
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 SuperSprint, including but not limited to the weather and associated conditions. You accept that in such circumstances SuperSprint has the right to alter the format of, shorten, or cancel the Event in the interest of competitor safety. SuperSprint will use all reasonable efforts to conduct the Event in the planned format if safe to do so. Should weather conditions force any change, You accept that SuperSprint is not obliged to provide You with any refund, credit, transfer to another SuperSprint event or to restage the Event.
If the Event is cancelled and You purchased the Weather Cancellation Refund Levy for the Event, You will 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 Cancellation Refund Levy.
Transfers and resale
Entries are non-transferable to other events.
Any attempt to transfer Your entry to another person will result in the cancellation of Your entry without refund and You may be prohibited from participating in other SuperSprint events.
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.
You understand that You will be able to access Your information through SuperSprint.
If the information is not provided Your application may be rejected.
You warrant that the information You provide in Your application is correct. If You provide incorrect information, SuperSprint may disqualify You from the Event and You may be ineligible to participate in future SuperSprint events.
You consent to the Event organisers using Your name, image, likeness and also Your performance in the Event, at any time, to promote the Event or any future similar events by any form of media.
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.
Despite clause 11.6, You agree and acknowledge that by entering the Event, your entry information will be passed on to Everyday Hero (the online fundraising partner for the Event) for the sole purpose of facilitating fundraising for Beyond Blue. 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 depression. Within 1 month of entering the Event, Everyday Hero will email you an invitation to fundraise on behalf of Beyond Blue. 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.
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.
Terms and Conditions can only be amended with the prior written consent of SuperSprint.
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 these Terms and Conditions 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.