WAIVER for recreational services or activities provided in Victoria:
For recreational services to which the Australian Consumer Law (Victoria) applies:
Warning under the Australian Consumer Law and Fair Trading Act 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that CHALLENGE FAMILY GMBH and its Associates (both as defined in the Terms and Conditions below) are 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 which You, either expressly or by implication, make known to CHALLENGE FAMILY GMBH; and
(c) might reasonably be expected to achieve any result You have made known to CHALLENGE FAMILY GMBH.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, CHALLENGE FAMILY GMBH is entitled to ask You to agree that these statutory guarantees do not apply to You. If you accept and agree to the Terms and Conditions, you will be agreeing that Your rights to sue CHALLENGE FAMILY GMBH under the Australian Consumer Law and Fair Trading Act 2012 if You are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in the
Terms and Conditions.
NOTE: The change to Your rights, as set out in the Terms and Conditions, does not apply if Your death or injury is due to gross negligence on CHALLENGE FAMILY GMBH’s part. “Gross” negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
By clicking the “I accept the Waiver for this event” button You warrant and represent to CHALLENGE FAMILY GMBH that:
– You are eligible to apply for participation in the Event;
– You have read and understood and agree to be bound by the
Waiver (as defined below); and
– You acknowledge and agree that if You are accepted to participate in the Event, You must comply with the Waiver (as defined below).
NOTE: Competitors under the age of 18 years can only participate where a parent or guardian accepts the Consent (as defined below)
1.1 “Associates” means CHALLENGE FAMILY GMBH and its respective directors, employees, agents, contractors, and volunteers, including any medical personnel appointed for the Event, 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 sponsors, or any other person or organisation, which is directly or indirectly involved with the promoting, staging, administering, running or controlling of Event.
1.2 “Claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence.
1.3 “Consent” means the form provided in the online entry system for parent or guardian acceptance and acknowledgement of the Waiver.
1.4 “Eligibility Requirements” means the requirements that must be satisfied for You to enter and participate in the Event, details of which are provided in paragraph 2 of the Waiver.
1.5 “Event” means the Challenge Shepparton 2020.
1.6 “Event Day” means the day or days that the Event competition is held on
1.7 “CHALLENGE FAMILY” means Challenge Family GmbH, our subsidiaries and authorised representatives. All references to “We”, “Us” or “Our” are references to Challenge Family GmbH
1.8 “Waiver” means these terms and conditions and the warning note provided in accordance with the Competition and Consumer Act 2010 Cth and the relevant state legislation allowing recreational service providers to limit their liability to You and where the context allows, any policies and rules applicable to the Event including those stipulated in the Event Details on Our website (http://www.challengeshepparton.com.au) .
1.9 “You” means the person named on the Event application being the applicant and where accepted by CHALLENGE FAMILY GMBH, becoming a competitor in the Event. Where You are under 18 years of age, You also refers to the consenting parent or guardian who completes or provides the Consent.
2 Eligibility to participate
2.1 You must be at least 18 years of age on the day of the Event to participate in the Challenge Shepparton Half Distance. You must be at least 15 years of age on the day of the Event to participate in the Challenge Sprint Event.
2.2 If You are under 18 years of age on the date of the Event, a parent or guardian must accept the Waiver and acknowledge the Warning Note. Where no consent is provided, You warrant that You are 18 years of age or older on the date of the Event.
2.3 You must be medically and physically fit and able to participate in the Event. You acknowledge that the Event exposes you to a range of lighting effects including laser and strobe lighting which could affect existing medical conditions you may have including epilepsy.
2.4 You must not be a danger to Yourself or to the health and safety of others.
2.5 If You are unsure about your medical and physical fitness to participate in this Event You must seek advice from a medical practitioner before attending the Event.
3 Refusal of applications
3.1 CHALLENGE FAMILY GMBH reserves the right to refuse any application for entry into the Event for any reason, including where:
3.1.1 an applicant does not meet the Eligibility Requirements;
3.1.2 an application is not completed by the nominated completion date ;
3.1.3 the the maximum amount of entries has been reached, regardless of the circumstances; or
3.1.4 an application is made on the Event Day, unless CHALLENGE FAMILY GMBH makes a specific exception allowing the application.
3.2 CHALLENGE FAMILY accepts no liability for any late, lost or misdirected entries due to technical disruptions, network connections or any other reason outside the control of CHALLENGE FAMILY.
4 Your obligations.
4.1 If Your application to participate in the Event is accepted You will be permitted to participate in the Event on the condition that You comply with the Waiver and any reasonable direction issued by the Event organisers or their representatives.
4.2 You must immediately notify CHALLENGE FAMILY in writing of any change to Your fitness and ability to participate in the Event. Where You do not provide any written notice to CHALLENGE FAMILY, CHALLENGE FAMILY will rely upon this as evidence of Your fitness and ability to participate.
4.3 In applying to participate in this Event You consent to receiving any medical treatment that the Event organisers or their authorised representatives (including emergency services providers) consider reasonably necessary or desirable during or shortly after the Event. You must reimburse the Event organiser and CHALLENGE FAMILY GMBH for any costs or expenses incurred in association with providing You with medical treatment.
4.4 You must pay the fees due at the time of submitting Your application. No applications will be accepted or considered unless and until all fees have been received by CHALLENGE FAMILY.
4.5 You acknowledge that alcohol may be served at and during the Event. If You are under 18 years of age You must not consume any alcohol at or during the Event. If You breach this condition You may be removed from the Event immediately by CHALLENGE FAMILY.
5 Risks, liability and indemnity
5.1 You acknowledge that participation in the Event can be inherently dangerous and that You may be exposed to certain risks during the Event including, but not limited to, overexertion, equipment failure, dehydration, serious accidents, exposure to a range of lighting effects including laser and strobe lighting and risks associated with the course and adverse weather conditions. These risks can and often eventuate and they may result in You being personally injured or killed or Your property being damaged or the event being cancelled. By entering into or participating in the Event You agree that:
5.1.1 You have read and understood the risks associated with participating in the Event and this warning, and accept and assume the inherent risks in participating in the Event.
5.1.2 You are fully responsible for the security of Your personal possessions at the Event including other valuable items. You agree that CHALLENGE FAMILY is not responsible or liable for the repair or replacement of any personal possessions whether lost, damaged, stolen or otherwise.
5.1.3 You acknowledge that where You are a consumer of recreational services, as defined by the Competition and Consumer Act 2010 (Cth) or any relevant state law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. You acknowledge that these implied terms and rights and any liability of CHALLENGE FAMILY flowing from them, are expressly excluded to the extent permitted by law. To the extent of any liability arising, the liability of CHALLENGE FAMILY will, at its discretion, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the entry fee relating to the Event.
6 Release and indemnity
In consideration of CHALLENGE FAMILY accepting Your application for entry to the Event, You, on behalf of yourself, Your heirs, executors and administrators, to the extent permitted by law:
6.1 release CHALLENGE FAMILY and the Associates from all Claims that You have or may have had but for this release arising from or in connection with Your participation in the Event; and
6.2 indemnify CHALLENGE FAMILY and the Associates and will keep CHALLENGE FAMILY and the Associates indemnified in respect of any Claim (including for negligence, breach of contract or breach of Statute) by any person including another participant in the Event arising as a result of, in connection with, or in relation to Your participation in the Event or arising as a result of You transferring Your entry in the Event to another person or arising from You permitting another person to participate in the Event in Your stead. This indemnity may be pleaded as a bar to any Claims. The releases and indemnities in the Waiver continue forever and bind You, Your heirs, executors, personal representatives and assigns.
6.3 A term of this clause 6 will not apply where the term contravenes the law of the relevant jurisdiction under which any legal action is legitimately taken however such terms are severable and do not invalidate the remaining terms.
You acknowledge and agree that insurance is in place that may provide limited cover to You whilst participating in the Event. You understand that this insurance may not cover You for all injury, loss or damage sustained by You in participating in the Event and You acknowledge that CHALLENGE FAMILY does not make any representations about the suitability of the insurance. You also agree that You can, in Your own interests and at Your own expense, seek and obtain personal insurance over and above the cover provided by CHALLENGE FAMILY.
8.1 You must pay all the fees due, including any amounts payable for additional optional services such as additional merchandise, charitable donations and other options You nominated at the time of entry into the Event.
8.2 You acknowledge that CHALLENGE FAMILY uses a third party payment facilitator, Register Now Pty Ltd (ACN 120 251 489) (‘Register Now’), and that a booking fee of 3.00% will apply in addition to your entry fee.
9.1 You accept that there is no refund or exchange on Your entry fees except as required by law and as otherwise specified by CHALLENGE FAMILY GMBH in these terms.
9.1.1 If CHALLENGE FAMILY GMBH cancels the Event for any reason (including but not limited to
extreme weather or other dangerous conditions), then CHALLENGE FAMILY GMBH will make every effort to ensure You receive a prompt refund or exchange if applicable in accordance with Australian Consumer Law.
9.2 If competitors are unable to compete in the Event for any reason (except disqualification), You are entitled to keep any event garment, show bag or gift bag as relevant if already received from of CHALLENGE FAMILY GMBH, but there will be no refunds for Your entry fees unless You are entitled to a refund under 9.1
and have complied with all of Your obligations under the Waiver.
9.3 There will be no refunds for any other items purchased at the time of registration, unless required by law. In regards to charitable donations, a donation is not a purchase of goods or services from CHALLENGE FAMILY GMBH and as such You cannot obtain a refund for any donation once it is made. If You wish to receive a refund of Your donation, You will need to contact the relevant charity directly.
9.4 You acknowledge and agree that due to the nature of this event and the element of “luck” in the prevailing conditions, that Your entry and participation in the Event may be affected by matters outside of the control of CHALLENGE FAMILY GMBH, including but not limited to the weather, safety and associated conditions. You accept that in such circumstances CHALLENGE FAMILY GMBH has the right to alter the format of, shorten, or cancel the Event in the interest of competitor safety. CHALLENGE FAMILY GMBH will use all reasonable efforts to conduct the Event in the planned format if safe to do so. Should any reason outside the control of CHALLENGE FAMILY GMBH, including without limitation weather or other dangerous conditions, war, strike or any other act of God force any change, You accept that CHALLENGE FAMILY GMBH will ensure You receive a prompt refund, credit, or transfer (if applicable) to another CHALLENGE FAMILY GMBH event or to restage the Event .
9.5 Nothing in this clause is intended to exclude, modify or limit the operation of the Australian Consumer Law.
10 Transfers and resale
10.1 Entries are non-transferable to other events. If you wish to switch into a different distance
for the Event, you may downgrade distance before the day of the event. No refunds will be offered
for a downgrade. If you wish to upgrade distance you may up to 2 days out from the event. You will
need to pay the difference in fees at the time of the transfer.
10.2 Any attempt to transfer Your entry to another person without the knowledge of CHALLENGE FAMILY GMBH
may result in the cancellation of Your entry without refund and You may be prohibited from
participating in other CHALLENGE FAMILY GMBH events.
10.3 You must not offer Your (or any other persons) Entry for sale through any medium, including
auctions (on eBay or any other auctioning or similar means). All individuals involved in such conduct
will be disqualified from the Event.
11.2 You understand that You will be able to access Your information through CHALLENGE FAMILY GMBH via its website or by email info@Challenge-Family.com.au
11.3 If the information is not provided Your application may be rejected.
11.4 You warrant that the information You provide in Your application is correct. If You provide incorrect information, CHALLENGE FAMILY GMBH may disqualify You from the Event and You may be ineligible to participate in future CHALLENGE FAMILY GMBH events.
11.5 You consent to the Event organisers using Your name, image, likeness, voice, statement and also Your performance in the Event (including the publication of Your name and/or Event result, suburb and applicable age bracket on CHALLENGE FAMILY GMBH’s website), at any time, to promote the Event or any future similar events by any form of media.
11.6 You consent to receiving electronic newsletter material from the Event organisers or their authorised representatives prior to and after the Event. Unless You have nominated otherwise, You acknowledge and agree that Your information may also be used for marketing purposes by a third party or the Event sponsor.
12 Governing laws
Your participation in the Event or Series is governed by the laws of the state of Victoria, Australia or as otherwise agreed by the parties.
You agree and accept that CHALLENGE FAMILY may vary the Waiver without prior notice to You provided the change is not material to Your participation in the Event. .
If any term or condition (in whole or in part) is illegal or unenforceable, that term or condition (or part) is to be severed from the Waiver to the extent that it is illegal or unenforceable. Any remaining part of a term or condition remains valid continues to operate to its full force and effect.
CHALLENGE FAMILY GMBH takes no responsibility for any third party advertisements, links or publications which are posted on this Website or elsewhere, nor does it take any responsibility for the goods or services provided by its advertisers.