Assumption of Risk and Waiver of Liability Agreement.
The Terms and Conditions of Entry must be accepted by all competitors (For competitors under 18, a parent or guardian must accept).
WARNING: This is a legal document that affects your rights
I apply for entry to the Event. If I am not currently a member of Triathlon Australia, I apply for one-day membership of Triathlon Australia. In consideration of my application to enter the Event and (where applicable) my application for one day membership being accepted, I acknowledge and agree to the terms and conditions below (for competitors under the age of 18 a parent or guardian must also make this declaration):
Definitions
In this Event Entry Declaration:
"In2Adventure" refers to the event organiser, Allura Pty Ltd trading as In2Adventure.
"Event" means the event that I am applying for.
"Triathlon Australia" means Triathlon Australia Limited ACN 007 356 907.
"STTA" refers to a State and Territory Triathlon Association.
"Triathlon Organisation" means In2Adventure, Triathlon Australia, the STTAs and where the context so permits, their respective directors, officers, members, servants or agents.
"Activities" means performing or participating in any capacity in any authorised or recognised Triathlon or Trail Running activity.
“Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with any Triathlon Activities.
I agree to participate in this event on the following basis:
Risk Warning
1. I acknowledge that competitive triathlon, and trail running involves the real risk of serious injury or even death from various causes, and that my participation in the Activities supplied by In2Adventure is inherently dangerous and may involve risk. There are risks specifically associated with participation in the activities and accidents can and often do happen which may result in personal injury, death, or property damage. Prior to undertaking any such recreational activity, I should ensure I am aware of all of the risks involved, including those risks associated with any health condition I may have.
2. By agreeing to these terms and conditions, I acknowledge, agree, and understand that participation in the triathlon services provided by In2Adventure may involve risk. I agree and undertake any such risk voluntarily and at my own risk. I acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation.
Fitness to Participate
3. I declare that I am medically and physically fit and able to participate in the Event. I am not and must not be a danger to myself or to the health and safety of others. I will immediately notify In2Adventure in writing of any change to my medical condition, fitness, and ability to participate. I understand and accept that In2Adventure will continue to rely upon this declaration as evidence of my fitness and ability to participate in the Event. I will report any accidents, injuries, loss, or damage I suffer during the Event to In2Adventure before I leave any relevant venue.
4. I have included details in my online entry of any medical or physical conditions from which I suffer that might affect my performance or be relevant if medical treatment is needed.
Release and indemnity
5. By agreeing to these terms and condition and taking part in the event, I accept all risks necessarily flowing from my participation that could result in death, permanent injury, physical or mental injury (including the aggravation, acceleration or recurrence of such an injury) and/or the contraction, aggravation or acceleration of a disease.
6. Accordingly, I release all people associated with the conduct of the event from, and will indemnify them against, all liability (including liability for their negligence) for all injury, loss or damage arising, I release and will release In2Adventure, the Triathlon Organisation, promoters, sponsors, managers, government, and public authorities, and all of their respective directors, officers, employees, agents, contractors and volunteers including event medical and paramedical personnel from all Claims that I may have or may have had but for this release arising from or in connection with my membership or participation in the Event; and
a. release and indemnify In2Adventure, the Triathlon Organisation, promoters, sponsors, managers, government, and public authorities, and all of their respective directors, officers, employees, agents, contractors and volunteers including event medical and paramedical personnel against any Claim which may be made by me or on me behalf for or in respect of or arising out of my death whether caused by the negligence or breach of contract by In2Adventure, the Triathlon Organisation, promoters, sponsors, managers, government, and public authorities, and all of their respective directors, officers, employees, agents, contractors and volunteers including event medical and paramedical personnel or in any other manner whatsoever; and
b. indemnify and will keep indemnified In2Adventure, the Triathlon Organisation, promoters, sponsors, managers, government, and public authorities, and all of their respective directors, officers, employees, agents, contractors and volunteers including event medical and paramedical personnel to the extent permitted by law in respect of any Claim by any person:
I. arising as a result of or in connection with my membership or my participation in the Event.
II. against In2Adventure or any Triathlon Organisation in respect of any injury, loss or damage arising out of or in connection with my failure to comply with In2Adventure’s or the Triathlon Organisation's rules and/or directions.
Medical Treatment
7. I consent to receiving any medical treatment that In2Adventure or the Triathlon Organisation reasonably considers necessary or desirable for me during my participation in the Event. I also agree to reimburse In2Adventure for any costs or expenses incurred in providing me with medical treatment.
Exclusion of Applicant
8. I warrant that I have not at any time been excluded from Triathlon Activities and/or arduous physical activities by a medical practitioner or any person or entity including but not limited to Triathlon Australia and its constituent STTAs.
Safety
9. I understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during any Event, and I accept full responsibility for any injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance.
10. I acknowledge that Safety precautions undertaken by In2Adventure and/or the Triathlon Organisation (such as course supervision, race safety briefings, bicycle, and helmet safety checks) are a service to me and other participants but are not a guarantee of safety.
Right to Use Image
11. I acknowledge and consent to photographs and electronic images being taken of me during my participation in the Event. I acknowledge and agree that such photographs and electronic images are owned by In2Adventure and that In2Adventure or the Triathlon Organisation may use the photographs for promotional or other purposes without my further consent being necessary. Further, I consent to In2Adventure using my name, image, likeness and also my performance in the Event, at any time, by any form of media, to promote the Activities, In2Adventure or the Triathlon Organisation.
Privacy
12. I understand that the information that I have provided herein will be included in an In2Adventure and Triathlon Australia database and may be disclosed on occasions to the Australian Institute of Sports Commission, State Institutes and Academies of Sport and the Australian Sports Anti-doping Authority. I also understand that information of a biographical nature including my name, date of birth, home state, results, career highlights and interests may be released to the media in response to general requests.
13. I understand that the personal information I have provided is collected, used, and disclosed in accordance with the Privacy Policy of In2Adventure. I acknowledge that In2Adventure and Triathlon Australia may use and disclose my personal information for the purposes of conducting and administrating the Activities and other related activities across Australia, providing me with member services or promotional material, complying with legal obligations or otherwise in accordance with In2Adventure's Privacy Policy and/or Triathlon Australia Privacy Policy. In2Adventure or Triathlon Australia may share my information (including name, date of birth, emergency contact details and suburb of residence) with third parties such as event timing companies, sponsors and first aid and medical services, however my information will not generally be disclosed to anyone outside Australia. I understand that In2Adventure’s Privacy Policy and Triathlon Australia's Privacy Policy contains information about how I may access and request correction of my personal information held by the Event Organiser or Triathlon Australia or make a complaint about the handling of my personal information, and provides information about how a complaint will be dealt with by In2Adventure or Triathlon Australia. I acknowledge that my Event entry and membership application may be rejected if the information is not provided. If I do not wish to receive promotional material from In2Adventure or Triathlon Australia or their sponsors and other third parties I must advise In2Adventure and Triathlon Australia in writing or via the opt-out procedures provided in the relevant communication.
Insurance
14. Insurance provided by the Triathlon Organisations is in place that may provide limited cover to me whilst I am participating in the Event. I understand that this insurance may not cover me for all injury, loss or damage sustained by me and I acknowledge that In2Adventure or the Triathlon Organisation do not make any representations about the suitability of any insurance. I also understand I can, in my own interests and at my own expense, seek and obtain personal insurances over and above any cover that may be provided by the Triathlon Organisation.
15. I acknowledge that I am fully responsible for the security of my personal possessions at the event.
Non transferable
16. Entries are non-transferable to other events or to other people. Any attempt to transfer my entry to another person without the knowledge of In2Adventure may result in the cancellation of my entry without refund and I may not be permitted to participate in further events. I also accept that my entry fees are non-refundable.
Race Rules and Directions
17. I agree to abide by all race rules and directions issued by In2Adventure and/or the Triathlon Organisation. The Event rules, this declaration and any other terms and conditions of entry comprise a contract between me and In2Adventure which is necessary and reasonable for promoting and conducting the Event.
18. I acknowledge my application to enter the Event will be accepted upon notification to me by In2Adventure and I acknowledge that I will be bound by and agree to comply with such rules, terms and conditions as may be imposed by In2Adventure and/or the Triathlon Organisation with respect to the conduct and management of the Event, including but not limited to competition rules and all relevant rules, regulations, policies and codes of conduct of In2Adventure and the Triathlon Organisation, as amended from time to time. I agree that I will be subject to, and submit unreservedly to, the jurisdiction, procedures, penalties, and any appeal mechanisms of In2Adventure and/or the Triathlon Organisation. I agree to follow any rules and/or directions set by In2Adventure and/or the Triathlon Organisation, in connection with the Event and understand that if I fail to comply with any such rules or directions I will not be permitted to participate or to continue to participate in the Event and no refund will be given.
Prevailing conditions
19. The Event and the conduct of, and participation in the Event may be affected by weather and associated conditions. Given there is often an element of "luck in the prevailing conditions" in entering and competing in the Event I acknowledge and agree In2Adventure cannot control the weather and associated conditions. I accept that in the event of extreme weather conditions In2Adventure reserves the right to alter the format of, shorten, or cancel the Event in the interest of competitor safety. I acknowledge that In2Adventure will use all reasonable efforts to conduct the Event in the planned format if safe to do so. Should prevailing weather conditions force any change I accept that In2Adventure is not obliged to provide any refund to me, nor to provide a credit or transfer for me to another event, nor to restage the Event, as weather and associated conditions are beyond the control of In2Adventure.
Warranty
20. I warrant that all information provided is true and correct. I acknowledge this application and declaration cannot be amended. If I do amend it my application will be null and void and cannot be accepted by In2Adventure or the Triathlon Organisation.
21. I certify that I am 18 years of age or older and I have read, understood, acknowledge, and agree to the above Terms and Conditions of Entry including the risk warning and release and indemnity.
22. I also confirm that I have read and agree to the Event Refund Policy, Event Transfer Policy, Event Rescheduling Policy, Anti Doping Policy and All Policies available at https://in2adventure.com.au/about/policies/
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