TERMS & CONDITIONS OF PARTICIPATION
In consideration of my application for entry into the Seven Bridges Walk (the Event) being accepted, I accept these terms and conditions of participation. The Event includes not only the event, but all other activities relating to the Seven Bridges Walk event, whether occurring before, during or after, and whether organised by Cancer Council NSW (Cancer Council) or any other person. I acknowledge that if I am under the age of 18 (Youth Participant), this registration is provisional until these Terms and Conditions are accepted by my parent or guardian on the registration website or a signed copy is received by Cancer Council. By signing below or accepting these terms and conditions on the registration website, the parent or guardian of the Youth Participant agrees to these Terms and Conditions on their own behalf and on behalf of the Youth Participant and all references to "I" and "me" in these Terms and Conditions refer to both the Youth Participant and their parent or guardian.
Risk Notice and Voluntary Assumption of Risk
The Event is a recreational activity that involves inherent risks of harm associated with physical exertion. Some of those risks are injury due to slippery or uneven surfaces, obstacles, trip hazards, overcrowding, collision with objects or people and the effects of heat, cold, dehydration and exhaustion. In rainy, windy or other inclement weather conditions, tents, marquees or other structures may collapse or become unsecured from the ground, potentially resulting in injury.
Injuries may include injuries from falls such as broken bones, sprained muscles, injuries to ligaments, cartilage or other soft tissue, as well as blisters, cuts and abrasions. Injuries may also arise from exertion, including heart attack, fainting and loss of consciousness. I understand and accept that the risks of participation in the Event are increased if I choose to participate in costume, in novelty shoes, using props, or if my walking or running movement is restricted.
I acknowledge that the above is not an exhaustive list of all risks inherent in my participation in the Event. I further acknowledge that there may be risks that are not known or reasonably foreseeable at this time.
I warrant that I am in proper physical and mental condition and have no known medical conditions or disabilities that may be incompatible with my safe participation in the Event. I understand that Cancer Council recommends that I consult a doctor before participating in the Event, particularly if I have ever experienced medical conditions that may make it dangerous for me to participate in the Event.
Regardless of whether I have consulted a doctor, I agree that by participating in the Event, I am aware of the risks involved and I voluntarily assume those risks (including any arising from the negligence of Cancer Council).
I understand that Cancer Council has not obtained personal accident insurance or any other insurance covering my participation in the Event and it is my responsibility to obtain any and all insurance which is appropriate for that purpose.
I acknowledge that during the Event both my person and my property shall be at my own risk.
Release and indemnity
I fully and irrevocably exclude and release Cancer Council and all Event sponsors, as well as their directors, officers, employees, volunteers, agents and representatives, from all liability for any loss, damage, cost or expense (whether in negligence, contract, under statute or otherwise) suffered by me as a consequence of my involvement in the Event, including in relation to death and personal injury.
I further agree that if any claim, including in relation to personal injury, property damage or wrongful death arising from my participation in the Event is commenced, I will indemnify and hold harmless Cancer Council and all the Event sponsors, as well as their directors, officers, employees, volunteers, agents and representatives, from any and all loss, damage, cost or expense in connection with such claim.
Exclusion/limitation of Cancer Council liability
The Civil Liability Act 2002 (NSW) ("CLA") permits a term of a contract for the supply of recreation services to exclude liability of the supplier for damages for harm resulting from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
I understand and agree that, to the extent permitted by law, Cancer Council and any Event sponsor (and any of their directors, officers, employees, volunteers, agents and representatives) exclude all liability for damages for any harm (including but not limited to personal injury or death, damage to property and economic loss and whether direct, indirect, special or consequential) from a failure to exercise reasonable care and skill, regardless of whether the claim is brought in tort (including in negligence), in contract, under statute or otherwise, where such liability results from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
I understand and agree that to the maximum extent permitted by law:
- all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on Cancer Council or Event sponsors (or their directors, officers, employees, volunteers, agents and representatives) are excluded (including consumer guarantees to the extent such exclusions are permitted under the law);
- neither Cancer Council nor any Event sponsor (nor any of their directors, officers, employees, volunteers, agents and representatives) will be liable to me or any other person in contract, tort (including negligence) or otherwise for any loss, damage, cost or expense of any kind (including direct. indirect or consequential losses, damages, costs and expenses) suffered or incurred by me or any other person in connection with the Event; and
- in any circumstances where the above exclusions (or any of them) are held by a Court to be ineffective or unenforceable for any reason whatsoever, Cancer Council's liability to me and to any other person is limited (at its option) to resupplying, repairing or replacing the service or the payment of the cost of supplying the service to me again.
Section 139A of the Competition and Consumer Act 2010 (Cth) ("CCA") permits a term of a contract for the supply to a consumer of recreational services, to exclude liability of the supplier for the death and personal injury arising from the failure to comply with a guarantee provided in sections 60 to 62 of the Australian Consumer Law.
I understand and agree that, to the extent permitted by section 139A of the CCA, Cancer Council and any Event sponsor (and any of their directors, officers, employees, volunteers, agents and representatives) excludes all liability in connection with the supply of recreational services for:
- physical or mental injury;
- the aggravation, acceleration or recurrence of a physical or mental injury;
- the contraction, aggravation or acceleration of a disease; and
- the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual, that is or may be harmful or disadvantageous to the individual or community, or that may result in harm or disadvantage to the individual or community, resulting from a failure of Cancer Council or any Event sponsor (or any of their directors, officers, employees, volunteers, agents and representatives) to comply with a guarantee in sections 60-62 of the ACL.
This exclusion of liability does not apply where significant personal injury is caused by the reckless conduct of Cancer Council or any Event sponsor.
Public venue and persons giving directions
The Event is a public event held on premises or property made available for community events. As such, the agreement to participate means that I also agree to be bound by the rules and regulations that may apply to the premises or property where the Event is to be held. I also agree to follow the directions of anyone authorised to give directions whilst I am on the said premises or property.
I will show respect for other participants in the event, and my conduct will at all times be considerate of others. I agree to abide by the venue rules concerning activities, coarse language, privacy, and noise. I acknowledge and agree that the Event is a non-smoking event.
I also agree that I will abide by the decision of the organisers of the Event about whether alcohol is permitted to be consumed at the venue. I also agree that if alcohol is permitted, that I will not cause, permit or allow any such alcohol to be supplied to any minor. I acknowledge that any dogs I bring to the Event must at all times be leashed and under the effective control of an adult and that dogs are not permitted on the free Event buses unless they are assistance dogs for people with disabilities.
I acknowledge that the Event is an event that may involve minors. I warrant that I am not a person recorded on the Australian National Child Offender Register.
I acknowledge that in the course of the Event, photographs, images or film may be taken of me, either alone or in group shots with others. I agree to the use of my image in these photographs, images or film and for their use on the websites or Cancer Council publications in the future. I agree to the use of my name in conjunction with any photographs of me. I also agree that the photographs or film may be used by third party media organisations in connection with the reporting of the Event.
The Event will only be cancelled for safety concerns or otherwise as a result of something beyond Cancer Council’s reasonable control including and without limitation strong winds, heavy rain, flash flooding, excessive atmospheric pollution, lightning and accidents, or any other Act of God. Cancer Council at its discretion may refund registration fees. Any payment transaction fees, donations or sponsorship relating to the Event is non-refundable. You acknowledge you will have no claim against Cancer Council for any loss or damage you suffer as a result of such cancellation. All registration and any associated transaction fees are not considered a donation to the Cancer Council. Please seek independent advice on your tax arrangements.