Terms & Conditions

 

2013 SWISSE MARK WEBBER TASMANIA CHALLENGE

PARTICIPATION AGREEMENT


Warning: This is an important document which affects your legal rights and obligations.  Please read it carefully and do not agree to it unless you are satisfied you understand it.

For and in consideration of Mark Webber Challenge Management Pty Ltd (MWCM) granting me permission to attend and participate in the 2013 Swisse Mark Webber Tasmania Challenge (Challenge) and as a condition of entry, I HEREBY AGREE to the following terms and conditions:

1.     Acceptance of Risks

1.1.    I am aware that the Challenge is dangerous and that by attending at or participating in the Challenge I will be exposed to MANY SIGNIFICANT RISKS, including, without limitation, risks of death, physical and mental injury, disease, loss and damage, and economic loss.  The risks of physical injury may include, without limitation, the risk of serious head, neck and spinal injuries, brain damage, serious injuries to virtually all my bones, joints, ligaments, muscles, tendons and other aspects of my muscular skeletal system, serious injury to virtually all my internal organs, and serious injury or impairment to other aspects of my body and to my general heath and well-being.  The risks of mental injury may include, without limitation, risk of serious psychological and psychiatric injury.

The risks associated with my attendance at or participation in the Challenge include, without limitation, the risk that I may suffer harm as a result of: (a) collisions, including but not limited to collisions with other participants, spectators, other persons, vehicles, property, roadside furniture, and trees and other things in the natural environment; (b) falls; (c) exhaustion; (d) dehydration; (e) hypothermia from cold water exposure and other causes; (f) oxygen deprivation and drowning; (g) allergic reactions; (h) infections; (i) grazes, cuts, abrasions, wounds and blisters; (j) bites from snakes, spiders and other dangerous creatures; (k) aggravation, acceleration or recurrence of an existing injury or disease; and (l) many other causes.

1.2.    I fully appreciate the nature and extent of all risks involved and by attending at or participating in the Challenge I freely, voluntarily and absolutely ACCEPT ALL RISKS howsoever arising out of or in relation to my attendance at or participation in the Challenge, whether caused by the negligence of MWCM and the Associated Entities, or otherwise.

2.         Waiver, Release and Indemnity

2.1.    To the full extent permitted by law, I agree to WAIVE all and any claim, right or cause of action which I or my heirs, successors, executors, administrators, agents and assigns might otherwise have against any one or more of MWCM, the Event Organisers and the Associated Entities for or arising out of my death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever which I may suffer or sustain in the course of or consequential upon or incidental to my attendance at or participation in the Challenge, whether caused by the negligence of MWCM and the Associated Entities, or otherwise.

2.2.    To the full extent permitted by law, I agree to RELEASE AND DISCHARGE MWCM and the Associated Entities from all liability to me, my personal representatives, heirs and next of kin, for my death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever which I may suffer or sustain in the course of or consequential upon or incidental to my attendance at or participation in the Challenge, whether caused by the negligence of MWCM and the Associated Entities, or otherwise.

2.3.    To the full extent permitted by law, I agree to INDEMNIFY AND HOLD HARMLESS MWCM and the Associated Entities against all claims, demands, actions, suits, proceedings, damages, costs, losses, expenses or liabilities of any kind, including legal costs, that may be brought or made by any person for death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever arising out of or as a consequence of my acts or omissions in the course of or consequential upon or incidental to my attendance at or participation in the Challenge, whether caused by the negligence of MWCM and the Associated Entities, or otherwise.

3.         No Consumer Guarantees or Implied Warranties

3.1.    To the full extent permitted by law (including the limits in section 139A of the Competition and Consumer Act 2010 (Cth)), I agree that the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law and any similar state legislative provisions are EXCLUDED and do not apply to the supply of any services to me by MWCM or the Associated Entities under or in connection with this Agreement, and I RELEASE MWCM and the Associated Entities from all liability for a failure to comply with a guarantee under those provisions.

3.2.    Subject to clause 3.1, and to the full extent permitted by law (including the limits in section 64A of the Australian Consumer Law), I agree that the liability of MWCM and the Associated Entities for a failure to comply with a guarantee under the provisions of Division 1 of Part 3-2 of the Australian Consumer Law or any similar state legislative provisions is limited:

(a)            if the failure relates to the supply of goods, to one or more of the following at MWCM’s option:

(i)             the replacement of the goods or the supply of equivalent goods;

(ii)            the repair of the goods;

(iii)          the payment of the cost of replacing the goods or of acquiring equivalent goods; and

(iv)          the payment of the cost of having the goods repaired;

(b)            if the failure relates to the supply of services, to one or more of the following at MWCM’s option:

(i)             the supplying of the services again; and

(ii)            the payment of the cost of having the services supplied again.

3.3.    In clause 3, ‘Australian Consumer Law’ has the meaning under the Competition and Consumer Act 2010 (Cth).

4.         Warning under the Fair Trading Act 1999 (VIC)

4.1.    Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-

(a)       are rendered with due care and skill; and

(b)       are reasonably fit for any purpose for which you, either expressly or by implication, make known to the supplier; and

(c)        might reasonably be expected to achieve any result you have made known to the supplier.

Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeingthat your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. "Gross negligence" is defined in the Fair Trading (Recreational Services) Regulations 2004.

4.2.    For the purpose of this clause, the supplier is MWCM and the Event Organisers.

5.         Rules and Directions

5.1.    I agree:

(a)       to abide by any rules, regulations and codes governing the Challenge that are notified to me; and

(b)       to obey all lawful and reasonable directions relating to my attendance at and participation in the Challenge that are given to me,

by MWCM, the Event Organisers, or any other person, corporation or body involved or engaged in organisation and running of the Challenge from time to time, including without limitation by the race and/or safety directors.

5.2.    Rules, regulations and codes are deemed to be notified to me if they are published on MWCM’s website.

6.         Behaviour and Conduct

6.1.    I agree that I will not:

(a)       behave in a manner or engage in conduct that may prejudice the name, reputation or image of the Challenge, or that may prejudice the name, reputation, image or interests of MWCM or the Associated Entities; or

(b)       possess or use prohibited drugs or other substances (either at law or under an anti-doping policy that binds me), or use alcohol, permissible drugs or other substances in an illegal, irresponsible or dangerous manner, at any time during my attendance at or participation in the Challenge.

7.         Medical Information and Treatment

7.1.    I understand that I should not participate in the Challenge unless I have trained appropriately and a qualified medical practitioner has verified my medical and physical condition.

7.2.    I agree to disclose full details of any medical or physical conditions from which I suffer that might affect my performance in or health during the Challenge or be relevant if medical treatment is needed.  Without limiting the foregoing, I agree to complete the Medical Profile in the Schedule and provide it to MWCM, with every particular true and correct, upon execution of this Agreement, and I agree to notify MWCM of any change of details immediately.

7.3.    The information in the Medical Profile is confidential, except to the extent that this information is public knowledge or required for legal, medical, administrative or competition purposes in accordance with this Agreement.  In any such case I consent to the disclosure of any information in the Medical Profile as MWCM and Event Organisers reasonably deem appropriate.

7.4.    I agree that I remain responsible for my own health care.

7.5.    I agree that in the event that I become ill or injured in the course of my attendance at or participation in the Challenge, I will:

(a)       immediately notify MWCM or Event Organisers of the fact of the illness or injury and such details about the nature and prognosis as they require;

(b)       consent to receive any medical treatment, including without limitation physical examination, first aid, physiotherapy, chiropractic treatment and ambulance transportation, that MWCM or Event Organisers think desirable; and

(c)        take all reasonable steps to minimise further illness or injury.

8.         Personal Information and Publicity

8.1.    I agree that:

(a)       MWCM and Event Organisers may collect and store my Personal Information;

(b)       I will disclose Personal Information to MWCM and Event Organisers at their request;

(c)        MWCM and Event Organisers may disclose, and may allow or authorise any other person, corporation or body to disclose, my Personal Information for Commercial Purposes, provided that such disclosure relates to my involvement in the Challenge;

(d)       MWCM and Event Organisers may use, and may allow or authorise any other person, corporation or body to use, my name, image, photograph, likeness, reputation and identity for Commercial Purposes, provided that such use relates to my involvement in the Challenge; and

(e)       I may be filmed, televised, photographed and otherwise recorded and that such recordings may be used for Commercial Purposes, provided that such use relates to my involvement in the Challenge.

8.2.    I agree that collection, storage, disclosure and use permitted under clause 8.1 will be without payment to me, unless MWCM and I otherwise agree in writing.

9.         Sponsorship

9.1.    I acknowledge that MWCM and Event Organisers have entered into agreements for commercial sponsorship of, and the provision of supplies to, the Challenge, and I agree:

(a)       to assist and cooperate with MWCM, Event Organisers and sponsors and suppliers, without fee, so that sponsors and suppliers can maximise their promotional benefits;

(b)       to use the goods and services provided by sponsors and suppliers, without fee, as directed by MWCM and Event Organisers; and

(c)        not to appear or participate in any advertising, promotions or marketing for a person, corporation or body which is not a Challenge sponsor or supplier (the Third Party) which:

(i)         relates or refers to my attendance at or participation in the Challenge; or

(ii)       falsely represents that the Third Party, or its goods or services, is a sponsor of, or has the approval of, or is affiliated with the Challenge, MWCM or the Associated Entities;

without first obtaining the prior written consent of MWCM in each case.

10.      Documentary

10.1.I acknowledge that MWCM will produce a documentary on the Challenge, and I agree to assist and cooperate with MWCM and the persons, corporations and bodies it engages to produce the documentary, without fee, where it is reasonable for me to do so.

11.      Intellectual Property

11.1.I acknowledge and agree that:

(a)       I will not infringe on any of MWCM’s Intellectual Property Rights;

(b)       MWCM owns all Intellectual Property Rights relating to the Challenge and my attendance at and participation in the Challenge;

(c)        ownership of all Intellectual Property Rights created by me relating to the Challenge and attendance at and participation in the Challenge vest, on their creation, in MWCM; and

(d)       I will sign, execute or otherwise deal with any document which may be necessary to give effect to this condition.

12.      Equipment and Apparel

12.1.I acknowledge and agree that:

(a)       I will wear only such items of apparel, and use only such equipment, when participating in the Challenge, that may be approved of or prescribed by MWCM and Event Organisers;

(b)       I will wear my own items of apparel, and use my own equipment, when participating in the Challenge, except when such items of apparel and equipment has been issued to me by MWCM and Event Organisers;

(c)        I have sole responsibility for the condition of my equipment, including the equipment that has been issued to me by MWCM and Event Organisers; and

(d)       I have sole responsibility for my own possessions, items of apparel and equipment, including the items of apparel and equipment that have been issued to me by MWCM and Event Organisers.

13.      Safety and Insurance

13.1.I acknowledge and agree that safety precautions undertaken by MWCM and Event Organisers (such as course supervision, safety briefings, and equipment safety checks) are a service to me and not a guarantee of my safety.

13.2.I acknowledge and agree that any insurance cover affected for participants in the Challenge may not cover me for any or all death, injury, loss or damage sustained by me.

14.      Competency

14.1.I acknowledge and agree:

(a)       to participate in such tests and trials as required by MWCM and Event Organisers prior to the Challenge; and

(b)       that my attendance at and participation in the Challenge is subject to my performance in the tests and trials being to the satisfaction of MWCM and Event Organisers.

15.      Registration

15.1.I acknowledge and agree that my team’s entry in the Challenge is conditional upon the following:

(a)       written entry must be received by the Event Organiser on or before 30 October 2013;

(b)       a deposit of $500.00 must be paid to the Event Organiser upon registration;

(c)        payment of at least 50% of the team’s entry fee must be received by the Event Organiser on or before 30 July 2013; and

(d)       payment of the balance of the team’s entry fee must be received by the Event Organiser on or before 30 October 2013.

15.2.I acknowledge and agree that:

(a)       MWCM and Event Organisers may alter any aspect of the Challenge, or cancel the Challenge, for any reason whatsoever at any time;

(b)       MWCM and Event Organisers may reject or cancel my or my team’s entry or disqualify me or my team from the Challenge at any time if I breach this Agreement;

(c)        my team’s entry fee will not be refunded in any circumstance except:

(i)         if written withdrawal of the team is received by the Event Organiser on or before 1 October 2013, the team’s entry fee will be refunded; and

(ii)       if the Challenge is cancelled for any reason, a percentage of my team’s entry fee will be refunded in an amount determined by MWCM;

(d)       my team’s entry is non-transferable; and

(e)       my individual entry may be transferred to another person with MWCM’s prior written consent.

16.      Governing Law

16.1.I agree that this Agreement shall be governed by and construed according to the law of Victoria, Australia, and I submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

17.      Defined Terms and Interpretation

17.1.In this Agreement, unless the contrary intention appears or the context otherwise requires, these words have the following meanings:

(a)       Associated Entitiesmeans all persons, corporations and entities other than MWCM that are in any way connected with organising, promoting, sponsoring, supporting, running or staging the Challenge or receiving benefits from the Challenge, and includes without limitation the Event Organisers, charities, sponsors, volunteers, contractors, service providers, safety officials, and land owners, lessees, licensees and occupiers.

(b)       Challenge means the 2013 Swisse Mark Webber Tasmania Challenge.

(c)        Commercial Purposesmeans commercial purposes related to the Challenge and includes, without limitation, licensing, endorsement, advertising, promotion, merchandising, memorabilia, events, marketing, sponsorship, reporting and production and supply of a documentary for the Challenge.

(d)       Event Organisersmeans Octagon Australia Pty Ltd and Rapid Ascent Pty Ltd.

(e)       Intellectual Property Rightsinclude, without limitation, rights subsisting in copyright, trademarks, trade names, patents, logos, designs, trade secrets, images (including photographs, video and film), service marks and performance rights.

(f)         Medical Profilemeans the medical profile in the Schedule.

(g)       MWCMmeans Mark Webber Challenge Management Pty Ltd ACN 106 854 193.

(h)       Personal Informationmeans information that is of a general and biographical nature only, and includes without limitation my name, place of residence, occupation, family, age, height, weight, and past achievements.

17.2.In this Agreement, unless the context otherwise requires, a reference to a person, corporation or entity includes a reference to its officers, servants, employees, agents and representatives.