ABOUT THE CHALLENGE
Terms and Conditions
CONDITIONS OF ENTRY FOR ALL RUNNING FOR PREMATURE BABIES FOUNDATION VIRTUAL CHALLENGES
Organiser means the organiser of the Virtual Challenge, Running for Premature Babies Foundation Limited ABN 66 618 841 768
Challenge means any and all Running for Premature Babies Virtual challenges
Sponsor means any party providing financial support to the Organiser.
Released Persons means the Sponsor(s) and the Organiser and their related bodies corporate.
Release from Liability
In consideration of the Organiser hosting the Virtual Challenge and as a condition of the acceptance of my entry for each and every Virtual Challenge I register for or participate in, I (with the intent of binding my heirs, executors, administrators and assigns) waive, release and discharge all and every claim, right or cause of action (including for negligence, for breach of contract or breach of Statute) which I might have against any of the Released Persons for or arising out of loss of my life, injury, damage or loss of any description to myself or my property which I may suffer or sustain as a result of my participation in any Virtual Challenge including without limitation incorrect or insufficient advice.
Notification of Risks
The risks of my participating in the Virtual Challenge include, but are not limited to: exposure to and contact with natural or man-made features, water, adverse weather conditions, ascending or descending inclines; the nature of activities involved in the Virtual Challenge; hypothermia and/or heat exhaustion; stings or bites by insects or animals; accidents during vehicle travel; the condition or suitability of equipment used by myself and by others in the Virtual Challenge; exposure to other persons or vehicles where the Virtual Challenge is conducted; and the actions and inactions of other participants, spectators, members of the public, Organiser’s personnel and supporting agencies.
I agree to accept full responsibility to inform myself and assess all the dangers, hazards and risks of participating in the Virtual Challenge and rely solely on my own assessment of these dangers, hazards and risks before participating in the Virtual Challenge and notwithstanding any decision thereon made by any Released Persons or other persons corporations and bodies involved in promoting or organising the Virtual Challenge. The decision to participate is entirely my own and I accept all risks associated with participation in the Virtual Challenge, including but not limited to loss of life and/or any injury including without limitation any permanent injury.
I understand that participating in the Virtual Challenge involves a physically taxing and stressful activity which carries the risk of personal injury and damage to myself and to others and I am aware of and have considered those risks.
I am aware that there may be other risks involved which have not been set out above, including but not limited to my physical or mental condition at the time the Virtual Challenge is held, which can result in possible injury, incapacitation, loss, damage or even death to myself.
I agree to abide by the rules and conditions of entry and participation in the Virtual Challenge, including those relating to Health and Safety practices and procedures published by Running for Premature Babies Foundation, and I agree and accept that the Organiser may, at its absolute discretion, at any time and from time to time vary the rules and regulations of the Virtual Challenge and without prior notice to me.
Participation at Own Risk
I represent and warrant that – as a condition to participating in the Virtual Challenge, I am participating in the Virtual Challenge at my own risk having considered the possible consequences of so doing, and I declare that I have trained and prepared sufficiently to participate in the Virtual Challenge, 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 participating in any Virtual Challenge. I undertake to withdraw and not to participate in or complete any Virtual Challenge should I not have adequately trained or prepared myself sufficiently for the Virtual Challenge. I certify that I am sixteen (16) years of age or older at the date that I signed this document and I have read and understood the contents of this document.
Indemnification and Waiver
I agree to indemnify and keep indemnified the Released Persons 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, in connection with, or in relation to my participation in any Virtual Challenge or in providing any assistance to me. This indemnity may be pleaded as a bar to any action, claim, demand, suit or legal proceedings. The releases and indemnities in this document continue forever and bind my heirs, executors, personal representatives and assigns.
This waiver release and discharge shall operate jointly and severally in favour of the Released Persons and their related bodies corporate, and their respective directors, officers, agents, contractors, employees and volunteers, Virtual Challenge stakeholders, the owners, licensees and occupiers of land upon which any Virtual Challenge or any part of it is conducted, any statutory body or local authority having control over any land upon which the Virtual Challenge or any part of it is conducted, Virtual Challenge sponsors, supporters, persons, corporations, contractors, sub-contractors, volunteers, servants and employees involved or otherwise engaged in promoting, staging, administering, running or controlling any Virtual Challenge.
Release of Images
I grant full permission to the Released Persons and the Organiser to use my name and my child's name, any photographs, videotapes, motion pictures, recordings or any other records of this Virtual Challenge (including depictions of myself) for promotional or marketing purposes and agree to waive any compensation for any such use.
Opt-in
I consent to receive advertising, notifications and messages through any and all electronic and other means including email, in-app notifications and SMS text messaging.
Other
I agree:
- that my entry may be rejected or cancelled at any time at the discretion of the Organiser, even if I have paid any entry fee for the Virtual Challenge;
- that the Organiser in its absolute discretion reserves the right to change, modify postpone, or cancel any Virtual Challenge or part of the Virtual Challenge; to release to the fullest extent permitted by law, each of the Released Persons;
- that this document does not and is not intended to in any way reduce or release any liability the Released Persons may have by virtue of any law (including without limitation the Consumer and Competition Act 2010) which may not be excluded or modified and the provisions of this document are to be read and construed subject to such non-excludable provisions;
- that these conditions will operate separately in favour of all of the Released Persons and all other corporations and bodies involved or otherwise engaged in promoting or staging the Virtual Challenges and the servants, agents, representatives, volunteers and officers of any of them; and
- that Running for Premature Babies may close my fundraising account (if any) 30 days after the Virtual Challenge.
Use of Website
The use of the Site or Contents is at your own risk. The Contents in this Site are provided “as is” and without warranties of any kind either express or implied, and to the fullest extent permissible pursuant to applicable law. Running for Premature Babies Foundation Limited disclaims all warranties of merchantability or fitness for a particular purpose. Running for Premature Babies Foundation Limited makes no warranties or representations as to its accuracy, reliability, correctness or completeness regarding the use of or the result of the use of the Contents in this site and Running for Premature Babies specifically disclaims any liability or responsibility for any errors or omissions in the Contents of the Site. Running for Premature Babies nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, revenue or profit arising out of your access to, or use of, or inability to use or access, the Site.
You agree to defend, indemnify, and hold Running for Premature Babies, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Contents, or your violation of these Terms and Conditions.
Running for Premature Babies is not responsible for the accuracy of any hyperlinks, content, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Site. Your linking to any other site is entirely at your own risk. While Running for Premature Babies may provide links on this Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content on the site. Running for Premature Babies disclaims all warranties, express and implied, as to the accuracy, validity, legality and otherwise of the materials or information contained on such sites.
