The Sun-Herald City2Surf presented by Westpac Event Terms and Conditions
1. The participant (Participant) in The Sun-Herald City2Surf presented by Westpac (Event) acknowledges and agrees that these terms and conditions are subject to change from time to time at the discretion of Fairfax Media Publications Pty Ltd ABN 33003357720 (Fairfax) and without notice to the Participant.
2. I declare, as a condition of entry into the Event, that I have undertaken sufficient training for the Event and that I am not aware of any illness, injury, physical disability or impairment which may cause me injury or death during or as a consequence of participation in the Event.
3. Only entries submitted through the official online registration system will be accepted. The information on how to enter and the details about the Event forms part of these Event terms and conditions. The number of entrants will be strictly limited and will be decided on the basis of first received or until registrations close.
4. Family Packages are strictly limited to a total of 2,000 packages and will be decided on the basis of first received until offer capacity is reached. The Family Package cannot be combined with any other offer or promotion.
5. The pre-launch sale offer is applicable to Westpac customers only, is strictly limited to a total of 7,000 individual event entries and will be decided on the basis of first received until offer capacity reached, or otherwise will expire at 4:00pm (AEST) on Thursday 27 April 2017, whichever occurs first. This offer cannot be combined with any other offer or promotion or with the Family Package purchase.
6. Promotional codes may only be used where the Participant meets the conditions applying to the code and uses it within the validity period. Promotional codes are not able to be redeemed or exchanged for cash and must only be used by the Participant(s) to whom the relevant code was issued to by the code owner. Promotional codes may not be used in conjunction with any other offer.
7. Fairfax reserves the right to modify, suspend and/or cancel any promotional code at any time without notice to Participants. No refunds will be made to Participants who have access to a promotional code but who do not use the code at the time of registration and purchase.
8. I understand that if I am entering as a Participant in the Elite Wheelchair Start Group, I must meet the pre-qualifying requirements for the Elite Wheelchair Start Group (which include providing evidence to Fairfax of a recent previous race time of less than 38 minutes for an equivalent length course to the Event). I must also enter through the official online registration system prior to 5:00pm (AEST) on Monday 31 July 2017 to ensure Event organisers will have sufficient time for planning and safety requirements. I understand that I must compete in a racing chair only and it is my responsibility to ensure that my racing chair is properly maintained and capable of completing the Event.
9. I accept full responsibility for informing myself and assessing all the dangers, hazards and risks of entry in the Event and will rely solely on my own assessment of these dangers, hazards and risks before participating in the Event and notwithstanding any decision thereon made by the Event race committee and/or other persons corporations and bodies involved in promoting or staging the Event. The decision to participate in the Event is entirely my own and I accept all risks associated with participation in the Event, including but not limited to loss of life and/or any injury (including any permanent injury).
10. I agree to abide by all Event terms and conditions. I understand that I must follow the approved course, observe normal traffic rules and obey all directions and instructions given by Fairfax, Event officials and the police.
11. I agree and accept that Fairfax may, in its its absolute discretion, at any time and from time to time vary the rules and regulations of the Event without prior notice to me.
12. I consent to receive such emergency medical aid or preventative treatment which may be deemed advisable in the unfettered discretion of Event Medical Officials in the event of any injury accident or illness to me during my participation in the Event.
13. I acknowledge that I must wear the official chest bib corresponding to the registration made in my name on my chest such that the allotted race number and sponsor names on face of bib can be seen for the duration of the Event. A timing tag is attached to the back of the race bib to enable each Participant’s run to be timed. Participants must not tamper with the timing tag attached to their race bib. Timing services are provided by third party contracted timing service providers, and Fairfax takes no responsibility for errors or omissions in the timing data. By participating in the Event and wearing the race bib, each Participant consents to Fairfax and the timing service provider collecting and publishing his or her timing data for the Event. The Participant understands that starting the race before his or her assigned wave start time may result in disqualification.
14. I acknowledge that I will write an emergency contact name and phone number in the space provided on my supplied race bib and agree that Fairfax may contact that person and exchange my personal information with them in case of an emergency.
15. Race packs will be posted free of charge to those registered before 11.59pm (AEST) on Wednesday 10 May 2017. Race packs can then be posted for a fee to those who register after 11.59pm (AEST) on Wednesday 10 May 2017 and before 11.59pm (AEST) on Wednesday 24 May 2017. Race bibs will be sent to the Australian address provided upon registering. If an international address is used or registration is after 11.59pm (AEST) on Wednesday 24 May 2017, the race bib must be collected from the Event Expo.
16. Any merchandise, excluding the official event iTaB, will be sent to the Australia address provided upon registering. If an international address is used, the merchandise must be collected from the Event Expo.
17. No roller skates, roller blades, hand cycles, geared vehicles, skateboards, bicycles, scooters, dogs, balls or other accessories that could cause injury will be permitted at the Event.
18. Spectators may not follow competitors on foot, in vehicles or via any other mode of transportation.
19. The use of any type of drone is prohibited at the Event.
20. Fairfax reserves the right to change or modify any part of the Event including the date, course and/or location at any time and from time to time without personal notice to the Participant. Details of any such changes will be published on the Event website, the Event Facebook page, Event e-newsletter and/or other media.
21. I acknowledge that Fairfax and/or its representative may remove me from the Event area and/or exclude me from participation in the Event if in Fairfax’s opinion it is necessary to do so: (a) due to my behaviour being inappropriate, offensive, or abusive (in Fairfax’s opinion); (b) to prevent damage to any property; (c) on medical, health and/or safety grounds (including to prevent possible harm or injury to myself and/or any other person); and/or (d) to prevent or arrest any form of unauthorised marketing, including ambush marketing.
22. I agree that registration in the Event is personal to me and that no other person is permitted to participate in the Event in my place.
23. I understand that should my contact details change after my registration has been completed, it will be my responsibility to notify Fairfax. If I fail to promptly notify Fairfax and my Event race pack is sent to the address I have registered, I will be responsible for paying Fairfax’s costs of replacing the race pack.
24. A credit card surcharge reflecting Fairfax’s actual costs of offering payment by credit card will be added to Visa, Mastercard, Diners and American Express payments.
25. If a person-to-person transfer option is made available (at Fairfax’s discretion), I consent to paying the administration fee at the time of transfer. If an iTaB medal insert or SMS Result has been purchased, I understand that this is non-transferable and I will forfeit the cost of purchase of these items upon any transfer of my registration.
26. Fairfax reserves the right, in its discretion, to reject or cancel my entry at any time, including without limitation for safety or insurance reasons, or if, in the opinion of Fairfax, I will not be able to complete the Event within the cut-off times. Fairfax will not be obliged to refund any portion of the entry fee in such circumstances.
27. I acknowledge that refunds will only be given for the race entry fee paid where a request for refund is lodged with Fairfax before 5:00pm (AEST) on Thursday 13 July 2017 and where participation in the Event is not appropriate due to a medical reason that is supported by a current medical certificate outlining the condition. I understand that a 50% administration fee will be deducted from the race entry fee paid and if a race bib has been sent out, I must return the race bib to Fairfax at my own expense, prior to the processing of any refund and by no later than 5:00pm (AEST) on Thursday 13 July 2017. Refunds will not be made for any additional items purchased, such as event merchandise and charitable donations.
28. Fairfax reserves the right to cancel the Event at any time if Fairfax considers in its sole discretion this is required due to any sort of dangerous conditions and/or force majeure. In the event of cancellation, there will be no refund of entry fee unless otherwise determined by Fairfax in its sole discretion and the cancelled Event may not be re-scheduled. A decision will be made ASAP on race day and broadcast on commercial radio and via the Event website.
29. I consent to Fairfax using my personal details in my registration form for the administration of the Event and by any third parties selected by me during the registration process, including to SMS information about the Event to me if I have provided a mobile phone number, unless otherwise indicated by me during the online registration process. I also consent to my personal details being used by Fairfax and its related bodies corporate for future marketing and promotional purposes.
30. I acknowledge that I will only be eligible for any prize that may be offered in connection with placing at the Event if I complete the approved course by the indicated cut-off times and in accordance with these Event terms and conditions and any other applicable Event rules and regulations.
31. Each competitor must assemble behind the designated starting line, await official start and then proceed on the approved Event course. I acknowledge that entry into the Event course after the indicated cut-off time or prior to the official start will result in disqualification.
32. The Event referee’s decision is final and no correspondence will be entered into.
33. I declare that all the information supplied by me in the registration process is true and correct.
34. I certify that I am 18 years or older or that I am the parent/legal guardian of a Participant who is under the age of 18 years, and I have read this document and fully understand it. Where I am a parent or legal guardian of a Participant, I agree to these terms and conditions for and on behalf of the Participant.
35. Please refer to the Fairfax Events Guideline for Transgender/Transsexual Participants for specific terms and conditions applying to transgender/transsexual participants in the event. These terms and conditions are incorporated by reference and can be found here http://city2surf.com.au/transgendertranssexual-participants-guidline.
Release and Waiver
36. In consideration of acceptance of my entry in the Event, I agree on my own behalf and on behalf of my heirs, executors and administrators and declare that: to the extent permitted by law, I hereby waive release and discharge each of the Fairfax Parties (as defined in paragraph 37 below) from and against all and every claim, right or cause of action (including for negligence, for breach of contract or breach of statute) which I might have or which may arise out of my death or injury and/or damage or loss of any description which I may suffer or sustain as the result of or in connection with my participation in the Event. This release continues and forever and binds my heirs, executors, personal representatives and assigns and may be pleaded as a bar to any action, claim, demand, suit or legal proceedings.
37. This waiver release and discharge operates jointly and severally in favour of Fairfax and its related bodies corporate, and their respective directors, officers, agents, contractors, employees and volunteers including medical and paramedical personnel appointed for the Event, event stakeholders, the owners, licensees and occupiers of the 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, supporters, persons, corporations, contractors, sub-contractors, volunteers, servants and employees involved or otherwise engaged in promoting, staging, administering, running or controlling the Event (Fairfax Parties).
38. Where a Participant is under the age of 18 years, in consideration of Fairfax agreeing at my request to accept the entry of this Participant in the Event, I hereby agree for myself, the Participant, their heirs, executors and administrators to hereby waive release and discharge (to the extent permitted by law) all and every claim, right or cause of action (including for negligence, for breach of contract or breach of statute) for which I might have or which the minor Participant may have or which arises out of the death, injury, damage or loss of any description which I or the Participant may suffer or sustain as a result of his/her participation in the Event. This release continues forever and binds the Participant’s heirs, executors, personal representatives and assigns and may be pleaded as a bar to any action, claim, demand, suit or legal proceedings.
39. I acknowledge that if I select to become a member of a team, the team manager will have access to download my personal details, including my name, contact telephone number, email address and home address. As a team manager, I understand that my email address will be disclosed to my team members (but not to members of other teams).
40. I consent to the publication and/or use in any form of media whatsoever of my name, race result, image, voice, statement or otherwise, (including the publication of my name and/or Event result, suburb and applicable age bracket in any Fairfax Media publication and/or on the Event website) without any payment or compensation to me.
All Australian Beach Body Live Workout
Participant acknowledges that Fairfax is acting as an agent for Fitzgibbons International Pty Ltd ABN 37 608 075 485 (FI) for the sale of tickets to Participants who elect to participate in the All Australian Beach Body workout which will be held by FI at the Event Expo at the International Convention Centre on Saturday 12 August 2017 (AABB Workout). The AABB Workout is operated solely by FI and Fairfax will not be to any extent responsible for any death, injury, loss or damage to property, claims, liabilities, losses, damages suffered or incurred by the Participant in connection with the AABB Workout (Losses). The Participant releases and forever discharges Fairfax from all such Losses. The terms and conditions which apply to the Participant’s registration in the AABB Workout with FI are set out below:
1. By registering for the All Australian Beach Body LIVE Workout (referred to as: ‘AABB Workout’) I acknowledge and agree that I have read and understood these terms and conditions and agree to be bound by them. The terms and conditions are subject to change at the discretion of Fitzgibbons International Pty Ltd ABN 37 608 075 485 (FI) and without prior notice. I acknowledge that I am solely responsible for checking the Terms & Conditions periodically for changes. The Workout is being held at the CITYFIT Expo at the International Convention Centre (ICC) by FI on Saturday, August 12, 2017.
2. I declare, as a condition of signing up to the Workout, that I am medically and physically fit to take part in the AABB Workout and am not aware of any illness, injury, physical disability or impairment which may cause me injury or death as a consequence of Workout participation.
3. I represent and warrant that I am at least 18 years of age and will be responsible for completing the registration information. If I am registering on behalf of a party who is under 18 years of age, I am representing that I am that party's legal parent or guardian and am responsible for that party's compliance with these Terms and Conditions. I will indemnify F.I. for any losses or damage that they suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
4. Any attendees under the age of 18 must be accompanied by a parent or guardian. Please note the parent and/or legal guardian does not need to register a ticket for himself or herself in addition to the minor if they do not wish to participate. The parent or guardian must remain in the same area as the child for the duration of the Workout. In the instance where a child is not accompanied by their parent or guardian, F.I. reserves the right to refuse entry.
5. I agree to accept full responsibility for all risks of participating in the AABB Workout despite my medical and/or physical condition and forever release and indemnify to the fullest extent permitted by law Fitzgibbons International Pty Ltd, the AABB Workout Manager, the AABB Workout Sponsor/s, AABB Workout Volunteers; the owners, licensees and occupiers of land upon which any part of the Workout is conducted; any statutory body or local authority having control over any land upon which any part of the AABB Workout is conducted; their related bodies corporate and their officers, employees, members and/or contractors and any other person from and against all claims, right or cause of action (including for negligence, breach of contract or breach of statute), loss (including consequential loss) and/or costs (including legal costs), whether or not legal proceedings are instituted, irrespective of the means, manner and/or nature of any settlement or determination arising directly and/or indirectly out of, and/or in connection with, the entrant’s participation in the AABB Workout, including AABB Workout competitions and/or prize draws.
6. I agree to indemnify and keep indemnified the Indemnified Parties against all actions, suits, demands, claims, proceedings, costs, expenses, liabilities and judgements whatsoever (including without limitation for negligence, breach of contract and/or breach of statute) arising out of, in connection with, or in relation to my participation in the Workout. This indemnity may be pleaded as a bar to any action, claim, demand, suit or legal proceedings. The releases and indemnities in this document continue forever and bind my heirs, executors, personal representatives and assigns.
7. I consent to receive such medical treatment which may be deemed advisable at the discretion of Medical Staff in the AABB Workout of any injury, accident or illness to me during my participation in the Workout. In the AABB Workout of an emergency, I consent to my personal details being shared with the appropriate parties including but not limited to, the AABB Workout Manager, emergency authorities and medical staff.
8. Only online signups will be accepted. I acknowledge that there are limited tickets available for the Workout which are available for purchase until the capacity has been reached.
9. I understand that in the instance whereby I am not able to attend the Workout, I will not be entitled to a refund or permitted to transfer my ticket to anyone else.
10. F.I. reserves the right to reject or cancel my registration at any time.
11. F.I. reserves the right to change or modify any part of the Workout including the date at any time.
12. The Workout will be led by Sally Fitzgibbons, in the unforeseen instance whereby Sally Fitzgibbons is not able to lead the Workout, an alternative qualified Fitness Instructor will take her place.
13. In the unforeseen AABB Workout, whereby the Workout cannot take place, no refunds will be issued.
14. I consent to the publication and/or use in any form of media and marketing whatsoever of my name, image, voice, statement or otherwise without payment or compensation.
15. In signing up to the Workout, the attendee acknowledges and consents to Fairfax sharing the Participant’s personal information such as name, email address, date of birth, suburb, emergency contact name and number with FI, for the purpose of the AABB Workout operations and future communications relating to the All Australian Beach Body and related matters. I understand that I can unsubscribe should I choose to do so by contacting FI directly.