Terms & Conditions
Northern NSW Helicopter Rescue Service Limited ABN 40 002 862 026, Bavin Road Broadmeadow NSW
Ph: 4952 0000 Email: firstname.lastname@example.org Web: [http://www.rescuehelicopter.com.au/]
Agreement, waiver, release of claims, warning of risk and assumption of risk
You must read this document carefully before signing. This waiver has important legal consequences and may limit or eliminate the ability of you or your representatives to bring future legal actions or obtain compensation, including in the event of your injury or death. It is a condition of your entry into and participation in 2022 Byron Coastal Charity Walk (the Event) that you accept these terms and conditions. If you do not accept all the below terms and conditions, you must not enter or participate in the Event. For competitors under the age of 18 years, a parent or guardian must read this document carefully before signing and accepting the below terms and conditions on behalf of the participant.
I understand, by accepting these conditions, I accept and agree to all of the following statements in exchange for being permitted to participate in the 2022 Byron Coastal Charity Walk (the Event) organised by Northern NSW Helicopter Rescue Service Limited ACN 002 862 026, known as the Westpac Rescue Helicopter Service (the Event Organiser). These terms and conditions may be changed from time to time, without notification:
- I acknowledge and accept that participation in the Event may involve the risk of temporary or permanent physical injury or harm (injury) or even death, arising from various hazards including but not limited to: personal injury, slippery and uneven surfaces, breakages or defects of or to equipment, burns, dehydration, overexertion, accidents with other participants or accidents in the course of participating in the event, risks arising from facilities provided for, associated with or used during the event, accidents with spectators or venue users and weather conditions.
- I acknowledge and accept that injury or death may result not only from my actions (including physical exertion) but also from the actions, omissions or negligence of other people in connection with the Event.
- I understand and agree that participation in the Event, separately and cumulatively, may constitute a “dangerous recreational activity” under the Civil Liability Act 2002 (NSW).
- I warrant I have sufficient and necessary competence, training and experience to participate in the Event. I further warrant that I will wear any required safety clothing and equipment during the event, including but not limited to enclosed walking style shoes.
- Prior to participating in the Event, I have had the opportunity to consult a medical practitioner. I agree it is my responsibility to determine whether I am sufficiently fit, healthy, skilled and physically trained to safely participate in the Event, and I undertake to withdraw from the Event and not participate if on the date of the Event I am not in good health and proper physical condition. I warrant that I have no physical, medical or mental conditions of which I am aware or should be aware that would affect my ability to safely participate in the Event, or which would result in my participation creating a risk of danger to myself or others, greater than the risk assumed by a healthy person of a similar age as me. I further warrant I have not been advised or cautioned by a medical practitioner not to participate in the Event.
- I consent to receiving any first aid and medical treatment which may be deemed advisable in the event of accident, injury and/or illness as a result of my involvement in the Event.
- I acknowledge that the Event Organiser is not the owner of the Event site, which may include public land, and I understand and agree that the owner(s) of the event site owes no duty of care or contractual obligations to me.
- I acknowledge and accept that there is a risk of loss, theft, damage and destruction to my personal property at the Event. I agree that I am solely responsible for the security my personal possessions and equipment before, during and after the Event.
- In consideration of being allowed to participate in the Event, I (on my own behalf and on behalf of my executors, administrators, heirs, next of kin, successors and assigns);
- to the maximum extent permitted by law, agree that the Event Organiser Northern NSW Helicopter Rescue Service Limited including its respective officers, employees, agents, events sponsors, volunteers, community organisations and support groups, is not liable to me or any person whether in contract, tort, under statute or otherwise for any physical or mental injury, aggravation, acceleration or recurrence of a physical or mental injury, contraction, aggravation or acceleration of a disease, the coming into existence, 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 or community, or that may result in the harm to the individual or community resulting from a failure of the Event Organiser, any illness, loss, damage, death, economic loss whatsoever suffered by me, whether consequential, direct or indirect, caused by or connected with my participation in the Event (collectively referred to as the “harm”), including harm suffered by me due to any person’s negligence; and
- irrevocably indemnify release and hold harmless the persons and entities mentioned in subparagraph (a) above from and against any and all liabilities, claims or actions (including for negligence) whatever or however caused, arising as a result of or in connection with, directly or indirectly, my participation in and travelling to and from the Event, including any claim by any person assisting me. I agree to assume all risk to both my property, property in my possession and risk to myself during the event.
- I accept the Event policies and conditions relating to communications, search, rescue and medical aid arrangements and all other policies published by the Event Organisers and each of which will be made available on my request.
- I understand and agree that any safety precautions undertaken by the Event Organisers (such as supervision, safety briefings, and safety checks) are a service to me and other competitors but do not guarantee my safety or avoidance from harm.
- I understand the respective Event Organisers’ public liability insurance is limited and does not (and is not required by me to) cover or protect me from any injury or damage I cause or contribute to, whether to me or to others, or any loss or harm I sustain or caused by me whilst participating in the Event (and before and after the Event) and I am advised to obtain, and I remain responsible for obtaining, my own insurances and cover (including full private health insurance and adequate income protection insurance).
- I understand the Event Organisers reserve the right to alter the advertised course, alter or change any arranged activities or close, postpone, reschedule or cancel the Event at their discretion, including for the following reasons: if natural or man-made emergencies make administering the Event unreasonable due to weather conditions, natural disaster, acts of god, terrorism, war or any other reason (at the Event organisers’ discretion), and that my entry fee will be dealt with in accordance with the Event Organiser’s refund policy available on the Event Organiser’s website, or dealt with in accordance with the applicable laws.
- Any transaction costs paid to a third party booking platform will not be refundable.
- I acknowledge that any donation made to the Event Organiser or via any third party fundraising platform is non-refundable except in the event of unauthorised credit card use.
- I acknowledge that in the course of the event, photographs, images or film may be taken of me, either alone or in a group. I agree to the use of these images for the use of the Event Organiser or sponsors in publications or websites in the future. I agree that the Event Organiser may use my name in conjunction with those images, and I agree that this may be used in connection with the publicity or reporting of the event publicity.
- I agree to act appropriately at all times at the Event, including obeying all laws, regulations, Event rules and the directions of Event officials and I understand that my entry may be voided if through my actions or behaviour, in the opinions of the Event Organisers, if I have broken these rules, any law or regulation or brought the Event into disrepute. I further understand that the Event Organisers reserve the right to reject any entry without having to justify or give reasons for their actions. I also acknowledge that I will not use this event for any inappropriate or offensive purposes.
- I grant permission to Northern NSW Helicopter Rescue Service Limited (and its affiliates or contractors) to record and photograph my involvement in the Event (the “Recordings”) and to use such Recordings (including all content on those Recordings) in any media and for any purpose without my consent or crediting me and without payment and/or compensation to me. The Recordings are the sole property of Northern NSW Helicopter Rescue Service Limited to use for any purpose, including but not limited to its promoting, advertising and marketing activities. To the extent I may own the Recordings or any content in the Recordings, I hereby assign the Recordings and such content to Northern NSW Helicopter Rescue Service Limited.
- I acknowledge and agree that I may choose to upload photographs, images or film to social media platforms, either alone or in group shots with others as part of my involvement in the Event (the “Uploads”) and I grant a non-exclusive license to the Event Organiser, Northern NSW Helicopter Rescue Service Limited to use such Uploads (including all content on those Uploads) in any media and for any purpose without my consent or crediting me and without payment and/or compensation to me. The Uploads are the sole property of Northern NSW Helicopter Rescue Service Limited to use for any purpose, including but not limited to its promoting, advertising and marketing activities, without payment and/or compensation to me. I also confirm that I am the creator and copyright owner of the Uploads that I upload or share, and I have the permission or consent of all persons in the Uploads (including parental consent if required). The Event Organiser is not responsible for removing any of such Uploads stored subsequently by third parties including search engines.
- I understand my email address may be used to communicate information about this and other sports events and or competitions from which I may unsubscribe to at any time.
- I acknowledge that persons under the age of sixteen years can only participate in the event with an accompanying adult who is also participating in the Event
- I acknowledge that persons under the age of twelve years are not eligible to participate in the Event.
- I acknowledge and accept that if alternative arrangements are made for individuals to collect an Event registration pack on my behalf no responsibility will be allocated against the Event Organisers in case of loss, theft or damage.
- I understand that my registration for the Event is not transferable to other people. I acknowledge that any refunds in relation to this event will be dealt with in accordance with the Event Organiser’s refund policy available on the Event Organiser’s website, or dealt with in accordance with the applicable laws.
- I understand that this participant waiver constitutes a “risk warning” under the Civil Liability Act 2002 (NSW).
- The Event and the terms herein are governed by the jurisdiction and laws of the state of New South Wales, Australia.
COVID 19 Conditions
- I agree that I am committed to stopping the spread of Covid-19;
- I agree that I will not attend or participate in the Event if:
- I am diagnosed with or am suspected of having COVID-19 (including if I have been tested for COVID-19 and am awaiting results, not including a test required under the Public Health Orders for workers),
- I have been advised by a health authority or health professional to self-isolate or quarantine,
- I have been in contact with a person who has been diagnosed with or is suspected of having COVID-19,
- I have any cold or flu-like symptoms or have had such symptoms in the 24 hours prior to the Event (eg runny nose, cough, sore or scratchy throat, fever, loss of smell or taste or shortness of breath or any other symptoms that have been linked to COVID-19),
- I have been in a Covid-19 area of concern or attended a known exposure site in the 14 days prior to the Event or if I have been to any location associated with COVID-19 cases during the time and date indicated; or
- I have travelled overseas or been on a cruise in the 14 days prior to the Event.
- I agree that if I become unwell during the Event I will immediately advise the Organiser and I will comply with the Organiser’s arrangements for isolating me from other participants (including leaving the Event, if necessary).
- I agree that it is my responsibility to understand and comply with:
- COVID-19 rules, orders, guidelines and advice issued by the NSW Government and NSW Health (or the orders and advice of the State or Territory that I am in at any one time) and any requirements of the Event Organiser including but not limited to the requirement to wear masks, checking into venues, vaccination requirements and social distancing;
- any COVID-19 Safety Plan which applies to the Event or to any site I attend during the Event;
- the directions and requirements of any site I attend during the Event;
- Any directions of the Event Organiser in relation to Covid-19, including but not limited to providing proof of vaccination status when requested, the requirement to wear masks, checking into venues, social distancing and any Covid-19 testing requirements. These requirements and directions may change from time to time;
- Any vaccination requirements of the Event Organiser applicable to participating in this event.
- I acknowledge that the Organiser will supply me with information regarding the precautions which will apply to the Event to manage the risk of COVID-19 (“COVID Information”). I warrant that I will review the COVID Information when it is provided to me (which may be on one or more occasions) and I will comply with its requirements including the Covid-19 Safety Plan at all times during the Event.
- I will cooperate with and follow all directions given by the Organiser during the Event in relation to the COVID Information.
- I acknowledge and accept that, notwithstanding the precautions taken by the Organiser, participation in the Event may involve the risk of acquiring COVID-19. I confirm that I irrevocably indemnify release and hold harmless the Event Organisers and all persons and entities referred to in subclause 9(a) above from and against any and all liabilities, claims or actions (including for negligence) related to acquiring COVID-19, arising as a result or in connection with, directly or indirectly, my participation in and travelling to and from the Event, including any claim by a support person or my support crew or any person assisting me.
- I understand that all intellectual property rights in relation to the Event and all content associated with it are owned and licensed by the Event Organiser. You may only use such material for the purpose of participating in the Event.
Your information is being collected by Northern NSW Helicopter Rescue Service Limited (ABN 40 002 862 026) for the purpose of processing your participation in this Event. Supply of this information is voluntary, but you may be unable to participate in the Event without it. We may use your personal information for the related purpose of sending you marketing materials which we think may interest you as a valued supporter. You can opt-out of receiving these communications at any time by contacting us. Your personal information may also be provided to third parties where required by law or so that such third parties may provide us with services, or where we participate in data cooperatives or swaps.
I have read and fully understand the above important information, warning of risk, assumption of risk, waiver and release of claims and certify I am 18 years of age or older.