Terms & Conditions
EVENT WAIVER AND RELEASE OF LIABILITY
In completing this registration, I acknowledge and agree to the terms outlined below:
- Risk Acknowledgment: In consideration of joining in the Activity referred to above, I agree and acknowledge that I am fully aware that participation in the Activity may involve risks.
- Definition of Claims: “Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, or rights of actions for damages, financial or economic loss, or other relief, or loss or damage to or loss of your property incurred or suffered by you directly or indirectly as a result, in whole or in part, from your participation in the Activity.
- Released Party: “Released Party” means More Than a Run Pty Ltd and all of its parent and group companies affiliates, franchisees, and their respective assignees, representatives, directors, officers, agents, sub-contractors, employees, and volunteer staff.
- Participant Acknowledgment:
- I agree and acknowledge that the Activity may be physically strenuous.
- I am in proper physical condition to participate in the Activity.
- I am aware that participation could, in some circumstances, result in physical injury, serious physical injury, or death.
- I understand my physical limitations and am sufficiently aware of those limitations to stop physical activity before I become ill or injured and will do so
- Waiver and Limitation of Liability:
- To the greatest extent permitted by the applicable law and subject to your statutory rights under the Australian Consumer Law/ New Zealand Consumer Guarantees Act, and the UK Consumer Rights Act 2015:
- For myself and for my heirs, next of kin, executors, administrators, and assigns, I fully release, waive, and forever discharge any Claims I may have now or at any other time have or have had, against any Released Party.
- I agree, by accepting the inherent dangers and risks associated with the Activity, not to make any Claim against or seek any compensation or other relief from any Released Party in respect of any physical or mental injury, illness, or death suffered by me or damage to or loss of property I sustain as a result of my attendance at or participation in the Activity.
- I agree to hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim.
- I acknowledge and agree that no Released Party shall be liable for any personal injury, illness, or death, unless caused by the gross negligence or willful conduct of that Released Party.
- Medical Disclosure:
- I agree and acknowledge that my health and fitness (including those relating to COVID-19) need to be appropriate for this Activity and that the Released Parties recommend:
- I should seek medical advice if I am uncertain.
- I should not take part in the Activity against that advice.
- The Released Parties reserve the right to refuse any participant the right to commence or require the participant to cease participation in the Activity should they believe it necessary on medical grounds.
- I acknowledge and agree that if I falsely provide any of the acknowledgements given in clause 4 or otherwise fail to disclose to any Released Party any matters relevant to my participation in the Activity, and if the Reserved Parties would not have permitted me to undertake the Activity, or continue participation, had I made a full disclosure, the Reserved Parties will not be liable for any personal injury, death, or property damage or loss I incur. Further, I may be liable to indemnify the Reserved Parties from any loss, damage, or claim. Nothing in this clause excludes or limits a Released Party's liability for death or personal injury which arises as a result of such Released Party's negligence.
- Medical Care:
- I am aware that there is no obligation for any person to provide me with medical care during the Activity.
- I understand and acknowledge that there may be no medical care available during the Activity; and
- If medical care is rendered to me, I consent to that care if I am unable to give my consent for any reason at the time the care is rendered.
- Minors:
- If you are less than 18 years of age, you must obtain your parent's or guardian's approval to participate in the Activity and your parent or guardian must sign this form on your behalf.
- Where this clause applies, the parent or guardian agrees to the following statements:
- As a parent or guardian of the participant child, I authorize the child to participate.
- I have the authority to agree to, and agree to, the terms of this Release and Waiver on behalf of the participant child.
- In the event of a medical emergency involving the participant child, and any Released Party is unable to contact me, I agree and grant my permission that any Released Party may provide medical care to the participant child.
- Severability:
- If any provision, or part of a provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision is severed from this agreement to the extent that it is unlawful, void, or unenforceable. The validity and enforceability of the remaining provisions are not affected.
- Understanding and Agreement:
- I have fully read and understand this agreement. I am aware that by signing this agreement and registering via Eventbrite, I am waiving certain legal rights I or my heirs, next of kin, executors, administrators, and assigns may have against the Released Party.
- Use of Images:
- I grant my permission to the Released Party to record my image, voice, likeness, and/or name in any photographs, motion pictures, videotapes, recordings, and other references or records of the Activity and to use my Image for any purpose, including commercial use by the Released Party, their sponsors, and their licensees.
- The Released Party may also authorize third parties to exercise these rights on their behalf. This permission is for use anywhere in the world and on the internet and for an unlimited period of time.
- I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of my Image.
- I will not be given a chance to receive, inspect, or approve the promotional or marketing material, messages, and/or content that may use my Image.
- I hereby release the Released Party, including all persons who took or otherwise created, recorded, or modified my Image, from any and all claims, actions, damages, interest, costs, expense, and compensation of whatsoever kind and howsoever arising, whether known or unknown, and which I now have or at any time hereafter can, shall or may have in connection with, or in any way resulting or arising from, my Image and the creation, use, or disposition of them.
- I irrevocably assign to the Released Party, and to any persons who are authorized by the Released Party, any rights I might have in photographs, motion pictures, videotapes, recordings, or any form of marketing or promotions that use my Image. I have no claims, moral rights, or other rights in connection with the use of my Image, and consent to all acts or omissions (whether occurring before or after this consent is given) which would otherwise infringe any such moral rights.
- Privacy Collection Statement and Declaration:
- More Than a Run Pty Ltd collects your personal information for the purposes of your registration and participation in the Activity; sending you information about More Than a Run Pty Ltd and its other events and products, including promotional material about More Than a Run Pty Ltd and its events, products, sponsors, and licensees; and promoting More Than a Run Pty Ltd and its events and products.
- Without your personal information, More Than a Run Pty Ltd cannot register you and you cannot participate in the Activity.
- More Than a Run Pty Ltd may share your personal information with third parties involved in the Activity, with More Than a Run Pty Ltd's related entities, and as required by law.
- More Than a Run Pty Ltd's Privacy Policy (available on the website) contains information about how you may access and seek correction of your personal information, how to complain about a breach of your privacy, and how More Than a Run Pty Ltd will deal with that complaint.
Data Sharing with Partners:
- I acknowledge and consent that More Than a Run Pty Ltd may share my personal data with its major partner, lululemon, and other partners for purposes related to the Activity.
- I understand that once my data is shared with lululemon and other supporting partners, it will be subject to their privacy policy and terms of use.
- I further give consent for lululemon and other supporting partners to contact me directly for marketing, promotions, research, or other purposes outside the direct activities of More Than a Run.
