Terms & Conditions
Eureka Climb 2015 Terms & Conditions – Entry and Participation Agreements (amended 27 July, 2015)
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
WARNING: THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS. IF YOU ARE A MINOR (BETWEEN THE AGES OF 12- 17) THISWAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION DOCUMENT MUST BE COMPLETED BY A PARENT OR LEGAL GUARDIAN. CHILDREN UNDER THE AGE OF 12 ARE NOT ELIGIBLE TO PARTICIPATE IN THIS EVENT.
A contract between the event organisers, King Performance Pty Ltd (“King Performance“) and the intending participant/s (“You” being the Participant or the Minor Participant’s parent/legal guardian together with the Minor Participant“) will be deemed to have commenced on acceptance in writing by King Performance of the Participant’s application to compete.
In consideration of and as a condition of acceptance of entry in Eureka Climb (the “Event“) at Eureka Tower (the “Venue”), you the Participant agree to and make the following representations and acknowledgements:
- As at the date of signing this document, I am 18 years or older.
- I represent and warrant that I am the parent or legal guardian of the Minor and am authorised to enter into this agreement on behalf of the Minor (if applicable). I further represent and warrant that the Minor is 12 years or older on the Event Day, Sunday 15 November, 2015.
- To the best of my knowledge,[ I am/the Minor is] not suffering from a condition that would prevent and/or render [me/the Minor] unfit to participate in the Event.
- [I have/the Minor has] trained sufficiently to participate in this Event and [I am/the Minor is] physically fit and in good health.
- I understand and acknowledge that participating in the Event may involve a real risk of serious injury or even death from various causes including but not limited to over exertion, dehydration, falling down or tripping over and accidents, collisions, contact with other participants, spectators or road users. I voluntarily assume all risks associated with [my/the Minor’s] participation in the Event or any activity associated with it and will take all measures to protect [myself/the Minor] from the risks of participation. I accept all responsibility for travel and medical insurance and for payment and/or reimbursement of medical/surgical expenses incurred by [me/the Minor]. I hereby consent to [receive/the Minor receiving] such medical treatment that may be deemed advisable in the event of injury, accident and/or illness during the race. I agree that it is my sole responsibility to determine whether [I am/the Minor is] sufficiently fit and healthy enough to participate in this Event and that I am solely responsible for [my/the Minor’s] own safety and well being at all times and circumstances while at the Venue.
- I understand and acknowledge that there is an inherent risk in climbing up stairs. To the extent permitted by law, I undertake and represent that I will not make any claims against King Performance, Interplast Australia and New Zealand and Whitelion and hereby release King Performance, Interplast Australia and New Zealand and Whitelion (and their directors, officers, employees, representatives, volunteers, sponsors, contractors, subcontractors (and their respective employees) or agents) (individually and collectively, the “Released Parties”) from and against any liability, claims, causes of action, suits or proceedings, including claims for costs or expenses of any nature for any loss, injury, damage of any description whatsoever (including but not limited to injury, death or property damage, and indirect or consequential damage) (“Claim”) suffered in connection with [my/the Minor’s] attendance and participation at the Event, howsoever caused, including due to any negligent or wilful acts or omissions by the Released Parties and I indemnify the Released Parties from and against all Claims (including negligence) whatsoever and howsoever caused arising as a result of or in connection with [my/the Minor’s] participation in the Event including any injury, death or property damage.
- I agree to [familiarise myself and comply with /familiarise the Minor with and ensure that the Minor complies with] all written and/or posted rules of Eureka Climb, as well as all written and/or posted rules of entry into the Venue. I further agree [to comply with/to ensure that the Minor complies with] all directions, instructions and decisions of event organisers, officials and venue personnel. I further agree [not to/to ensure that the Minor does not] challenge these rules, directions, instructions, or decisions on any basis at any time.
- If, during the conduct of the Event, an Event official directs [my/the Minor’s] withdrawal because [I am/the Minor is] unable to complete the Event within the advertised time limit, I undertake [to comply with/that the Minor will comply with] this direction. In these circumstances [I/the Minor] will voluntarily remove [myself/himself or herself] from the Event and agree to be transported to the finishing area. I agree to indemnify the Released Parties from and against any Claims resulting from [my/the Minor’s] failure to comply with this condition.
- I understand that an Event official has the authority to issue instructions or directions relating to the manner of [my/the Minor’s] safe participation in the Event and the authority to halt [my/the Minor’s] participation in the Event at any time they deem necessary to protect [my/the Minor’s safety] and the safety of other participants, spectators, and personnel; I undertake [to comply with/the Minor will comply with] this direction. In these circumstances [I/the Minor] will voluntarily remove [myself/himself or herself] from the Event and agree to be transported to the finishing area. I agree to indemnify the Released Parties from and against any Claims resulting from [my/the Minor’s] failure to comply with this condition.
- I understand that if I have agreed to accompany and be responsible for a Minor, if either the Minor or myself are asked by an Event official to halt or withdraw our participation of the Event, that the other’s participation must also be halted or withdrawn.
- I am solely responsible for all property [I/the Minor] bring/s onto the Venue and understand and acknowledge that the Released Parties do not accept responsibility for any loss or damage to this property.
- I consent to the conduct of identity verification checks, background security checks and any other security checks (which may include inspecting my personal property) prior to [my/the Minor’s] entry into and departure from the Venue.
- I understand that King Performance reserves the right to alter the format of other logistical elements of the Event if required by the Venue, police or other organisations associated with the Event or if reasonably deemed necessary by King Performance, in the event of unforeseen circumstances, conditions or natural or man-made emergencies make managing the Event unreasonably difficult or unsafe.
- I hereby agree that in the event of Event cancellation due to any occurrence outside of King Performance’s control, including but not limited to storm or storm damage, high winds or other acts of God, or Venue unavailability for any reason, my entry fee shall not be refundable. Every effort will be made to reschedule the Event.
- I agree [not to use/to ensure that the Minor does not use] the logos, trade marks, or other intellectual property of King Performance or Eureka Climb without the consent of the relevant party.
- I hereby allow use of [my/the Minor’s] name and image in any media whatsoever of [my/the Minor’s] name, image, voice, statements or otherwise, pre and post the Event in perpetuity without payment of remuneration or compensation for the purpose of promoting the Event and Venue, and promoting any products manufactured, distributed and/or supplied by and/or events conducted and/or hosted by the Released Parties, and for the purpose of allowing any person accessing any media to purchase or download for free any images created.
- I understand that King Performance reserves the right to refuse a participant’s application to register for Event or having accepted an application, to then cancel the registration from any participant for any reason whatsoever. Reasons may include, but are not limited to; carrying of an infant, participating without appropriate footwear, carrying or wearing of any item deemed unsafe by the organisers. In such circumstances, the entry fee shall be refunded to the participant minus a $10 administrative fee.
- Cancellation / Withdrawal Policy – I understand that if [I/the Minor] withdraw/s from the Event up to and including Event day Sunday 15 November, 2015, there is no refund of any portion of [my/the Minor’s] entry fee unless granted approval from event organisers. If a refund is granted then a $10 administration fee will apply. If [I/the Minor] withdraw/s, I agree to contact King Performance on 03 9598 5621 or email@example.com to notify them of team changes. All teams can have up to four (4) members with a minimum of three (3) members on event day. Teams will only be awarded prizes for teams consisting of four (4) team members on event day.
- iRun – I acknowledge that [my and/or the Minor’s] personal information will be collected by King Performance for the purpose of conducting the Event, including identifying participants, recording results and communicating with [me/the Minor] about this or other events I consent to King Performance disclosing [my/the Minor’s] personal information to Athletics Australia Ltd for the purpose of administering the iRun program. I acknowledge and agree that in administering the iRun program, [my and/or the Minor’s] personal information will be used to register [me/the Minor] as a recreational running member of Athletics Victoria.
- I/We understand that I/We must fundraise a minimum pledge of $35 per participant prior to participating in the Event, and should I/We not comply, I/We understand that King Performance reserves the right to refuse my/our participation in the Event.
- I understand that by supplying King Performance and Eureka Climb with [my/the Minor’s] e-mail address I consent to [receiving/the Minor receiving] regular e newsletter updates from King Performance in order to stay informed about the Event.
I, being the [Participant/Minor Participant’s parent or legal guardian], have read this document carefully, understood its terms and conditions and agree with these terms and conditions.