I apply for entry to the Newman Triathlon Event. In consideration of my application to enter the Event and (where applicable) my application being accepted, I acknowledge and agree that (for competitors under the age of 18 a parent or guardian must also make this declaration):
1. In this Event Entry Declaration:
a. “Claim” includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with any Shire of East Pilbara Activities.
b. "Event" means the Newman Triathlon
c. "Event Organiser" means the Shire of East Pilbara and includes their respective directors, officers, employees, servants or agents.
d. "Triathlon Activities" means performing or participating in any capacity in any authorised or recognized Event Organiser activity.
Rules of participation
2. The Event rules, this declaration and any other terms and conditions of entry comprise a contract between me and the Event Organiser which is necessary and reasonable for promoting and conducting the Event.
3. I acknowledge upon application to enter the Event that I will be bound by and agree to comply with such rules, terms and conditions as may be imposed by the Event Organiser 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 the Event Organiser, 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 the Event Organiser. I agree to follow any rules and/or directions set by the Shire of East Pilbara 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.
4. My participation in the recreational activities supplied by the Event Organiser is inherently dangerous and may involve risk. There are risks specifically associated with participation in the recreational 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.
5. 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, including the Civil Liability Act 2002 (WA).
6. It is possible for a supplier of recreational services or recreational activities to ask me to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to me (or a person for whom or on whose behalf I am acquiring the services or activities).
7. By agreeing to these terms and conditions, I will be agreeing that my rights (or the rights of a person for whom or on whose behalf I am acquiring the services) to sue the supplier in relation to recreational services or recreational activities that I undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) and (Western Australia) applies:
8. By agreeing to these terms and conditions, I agree that the liability of the Event Organiser in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and recreational activities (as that term is defined in the Civil Liability Act 2002 (WA)) for any:
b. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
c. the contraction, aggravation or acceleration of a disease;
d. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
i. that is or may be harmful or disadvantageous to me or the community; or
ii. that may result in harm or disadvantage to me or the community, that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) resulting from the supply of recreational services or recreational activities; is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
Release and Indemnity
9. In consideration of the relevant Event Organiser accepting my entry into the Event, to the extent permitted by law, I:
a. release and will release the Event Organiser from all Claims that I may have or may have had but for this release arising from or in connection with my participation in the Event; and
b. release and indemnify the Event Organiser 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 any Event Organiser or in any other manner whatsoever; and
c. indemnify and will keep indemnified the Event Organiser 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 participation in the Event; or
ii. against any Event Organiser in respect of any injury, loss or damage arising out of or in connection with my failure to comply with Event Organiser’s rules and/or directions, save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of an Event Organiser.
Bar to Proceedings
10. I acknowledge that the Event Organiser may plead this contract as a bar to proceedings now or in the future commenced by or on my behalf or by any person claiming through me. Where I commence proceedings against any Event Organiser, I:
a. will commence those proceedings in the courts of the jurisdiction in which any incident occurs;
b. waive any right to object to the exercise of such jurisdiction;
c. consent to paying any Event Organiser’s legal defence costs of the proceedings (on a solicitor client basis) where any Event Organiser successfully defends the proceedings.
11. I acknowledge and agree that my own insurance arrangements are my own responsibility.
Disclosure of Medical Conditions
12. I warrant that prior to participating in the Event I:
a. am and must continue to be medically and physically fit and able to undertake and participate in the Event;
b. am not a danger to myself or to the health and safety of others;
c. have not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells; and
d. I am not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for me to take part in a triathlon including participating in the Event.
I acknowledge that I must, and I agree that I will, disclose any pre-existing medical or other condition that may affect the risk that either I or any other person will suffer injury, loss or damage. If I disclose a pre-existing medical condition I will provide medical clearance from my doctor certifying that I am able to compete in this event. I acknowledge that Event Organiser’s rely on information provided by me and that all such information is accurate and complete. I will report any accidents, injuries, loss or damage I suffer during the Event to the relevant Event Organiser before I leave any relevant venue or race area.
Consent to Medical Treatment
13. If I suffer any injury or illness, I agree that the Event Organiser may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment. I agree to reimburse the relevant Event Organiser for any costs or expenses incurred in providing me with medical treatment.
Exclusion of Applicant
14. I warrant that I have not at any time been excluded from Triathlon Activities by a medical practitioner or any person or entity including but not limited to the Shire of East Pilbara.
I acknowledge and agree that the Event Organiser may demand a medical certificate or opinion as to my fitness from a qualified medical practitioner PRIOR to my undertaking any Triathlon Activities.
15. I understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during my involvement in the Event, and I accept full responsibility for any injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance. I agree to follow any rules set by any Event Organiser in connection with the Event. If I fail to comply with the rules and/or directions of any relevant Event Organiser, I will not be permitted to participate or to continue to participate in the Event and no refund will be given.
16. I acknowledge and agree that:
a. the Event can and will be affected by the weather which may change without warning; and
b. there is often an element of the "luck of the prevailing conditions" when undertaking the Event over which the Event Organiser have no control.
I accept that in the event of extreme weather conditions the Event Organiser’s reserve the right to alter the format of, shorten, or cancel the Event in the interest of competitor safety.
Right to Use Image
17. 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 the Event Organiser and that the Event Organiser may use the photographs for promotional or other purposes without my further consent being necessary. Further, I consent to the Event Organiser using my name, image, likeness and also my performance in the Event, at any time, by any form of media, to promote the Triathlon Activities or the Event Organiser.
19. Entries are non-transferable to other events or to other people. Any attempt to transfer my entry to another person without the knowledge of the Event Organiser may result in the cancellation of my entry without refund and I may not be permitted to participate in further Triathlon Activities or events. I also accept that my entry fees are non-refundable.
20. This agreement (and the documents to which it refers) constitutes the entire agreement between the parties in respect of the Event and supersedes all other agreements, understandings, representations and negotiations in relation to the Event. To the extent that any clause of this agreement is void or unenforceable it is severable and does not affect the remaining provisions of the agreement.
21. The governing law of this agreement is the law of the state of Western Australia (‘Jurisdiction’). I irrevocably and unconditionally consent and submit to the jurisdiction of the courts of the Jurisdiction in which any incident occurs and waive any right to object to the exercise of such Jurisdiction.
PLEASE NOTE THE FOLLOWING:
If the Competition and Consumer Act 2010 or similar State laws operate so as to prevent the exclusion, restriction or modification of warranties otherwise implied by those laws then the liability of the relevant Event Organiser for breach of warranties is limited to the:
(i) re-supply of Triathlon Activities and related activities; or
(ii) payment of the cost of having the Triathlon Activities or related activities supplied again
NEWMAN TRIATHLON TERMS AND CONDITIONS
1. All entries are non–refundable and non-transferable
2. All participants must return the timing band to the buckets provided once they have crossed the finish line. Lost Timing Band Fee of $40 will apply in the event that participants do not return their timing band given to them at registration. Participants who fail to complete the race are required to hand in the timing band at the finish line collection point located in the athlete recovery area.
3. All results announced at presentations are provisional. No alterations or corrections will be made on race day unless all who are involved are present and reach an agreement that satisfies everyone including event organisers. If a participant has an issue with the results (on event day), they should approach the stage calmly after all presentations have been completed to discuss the issue further. The final results will be issued by the Event Organiser on Wednesday 22 May 2019 on the Shire of East Pilbara website and Facebook page.
4. Participants must:
Practice good sports conduct at all times;
Be responsible for their own safety, the safety of their own equipment and be considerate of the safety of others;
Treat other participants, officials, volunteers and spectators with respect and courtesy;
Be responsible for keeping on the designated event course.
If leaving the course for any reason the course must be re-entered at the same point;
Not wear, use or carry items deemed to be a hazard to self or others e.g. a hard cast, jewellery, glass/metal containers.
Not leave equipment or discarded articles of equipment anywhere on the course, except at the approved dedicated locations;
Withdraw immediately from the event if deemed by the event medical personnel that they appear to present a danger to the health or welfare of either themselves or another person.
List on the entry form of their medical or physical conditions from which they suffer that might affect their performance or be relevant if medical treatment is needed and consent to receiving any medical treatment, including ambulance transportation, which the event organisers think desirable during or after the event.
Consent to event organisers using their name, image and likeness before, during and after the event for event promotional broadcasting or reporting purposes in the media.
Agree to abide by all race rules and directions issued by event organisers
5. One parent only is allowed for each child in the transition area.
6. No registration on the day of the event.
7. A participant should use the proper swimming clothes. Swimmers can use goggle and swim cap but not to use swimming gadgets such as fins, wet suit and snorkel. In an emergency, a participant should raise an arm overhead and call for assistance.
8. Bicycle helmets are compulsory. The bicycle helmet must remain securely fastened on the head of a participant at all times once the bicycle is removed from the bicycle rack, while on the bicycle course and until the bicycle is replaced on the bicycle rack. Participants must keep to the left unless passing another participant and are required to overtake on the right side of the lane. Participants found overtaking on the inside will receive a penalty. Drafting off another bicycle or motor vehicle or motorcycle is forbidden. A participant must mount and dismount the bicycle at the respective designated mounting and dismounting zones. Motorized bikes are not allowed.
9. A participant may not run without shoes on any part of the run course of an event.
TryBooking is an online system for organisations and community groups that has been designed to look after the entire event ticketing and registration needs.
All issues relating to the sale of tickets and the hosting of their associated event(s) are the responsibility of the “Event Organiser” and not that of TryBooking Pty Ltd (Australian Business Number 71126987915).
Please visit https://www.trybooking.com/info/customer-terms-and-conditions for our terms and conditions.