Terms & Conditions
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 The Smith Family Challenge (the Event) acknowledges and agrees that these terms and conditions are subject to change from time to time at the discretion of ChallengeWorks Pty Ltd ABN: 57 606 424 784 (ChallengeWorks) and without notice to the Participant.
2. I declare, as a condition of entry into the Event, that I 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 that participating in the Event is a dangerous activity. The Event may involve mountain biking, kayaking, swimming, trekking, running, navigation, traversing isolated and remote tracks, and other unspecified activities. 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 remoteness from assistance or medical aid, the strenuous nature of the Event, weather conditions, hypothermia and heat exhaustion, condition or suitability of participant’s equipment. In my judgment I have sufficient competence, experience, survival skills and equipment to participate in all Event activities in a manner safe to myself and others.
4. Agreement Waiver and Indemnity 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 jointly and severally in favour of The Smith Family and ChallengeWorks (Indemnified Parties), and their 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, 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 ChallengeWorks. 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.
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.
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 ChallengeWorks, 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.
12. I certify that the medical information supplied by me on the entry form 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.
14. 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. I declare that all the information supplied by me on the entry form is true and correct.
15. ChallengeWorks reserves 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.
16. I agree that ChallengeWorks reserve 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 conditions warrant the cancellation of the Event, no refunds will be provided and I agree to forfeit to The Smith Family all registration fees and donations made up until the cancellation date.
17. I acknowledge that ChallengeWorks or its representative may remove me from the Event area and/or exclude me from participation in the Event if in ChallengeWorks’ 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).
19. I consent to the publication and/or use in any form of media whatsoever of my name, race result, image, voice, statement or otherwise, without payment or compensation.
20. I certify that I am 18 years or older and I have read this document and fully understand it.