In consideration of and as a condition of acceptance of entry in the 2022 Kieser Great Ocean Road Running Festival Marathon (44km) race, Ultra Marathon (60km) race, Half Marathon (23km) race, Trail Run race (6.5km & 13km) GOR Walk, 14km Run and Wheelchair race, 6km Run or 1.5km kids’ run (collectively, the “Event”) on Saturday 14 May and Sunday 15 May 2022 (the “Event Days”), I acknowledge and agree with the following:
1. A legally binding agreement between the event organisers, International Management Group of America Pty Limited (“IMG” or the “Event Organisers”) and the intending participant (“I/me”) will be deemed to have commenced on acceptance in writing by IMG of my application to compete.
2. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough (including mentally healthy enough) to safely participate in the Event and to seek any and all required medical advice, recommendations, and clearances prior to arriving at and participating in the Event, if and as applicable. I hereby represent that: (a) I am (and, at the time of the Event, will be) in good health and in proper physical and mental condition to participate in the Event; (b) I am not (and, at the time of the Event, will not be) under the influence of a banned substance(s), alcohol or any prescription drugs that would in any way impair my ability to safely participate in the Event; (c) I have sufficiently trained for the Event and to the best of my knowledge, I am not suffering from a condition, illness, injury or other physical disability or impairment that may prevent and/or render me unfit to participate in the Event.
3. I will follow all directions and take any and all precautions set forth or recommended by the Event Organisers, and I will comply with all applicable laws, rules, regulations, policies, regulatory authorities and/or medical professionals in relation to the Event. I consent to receive such medical aid or treatment that may be deemed advisable by Event medical and paramedical personnel in the event of my injury, accident and/or illness during the Event. I accept all responsibility for travel and medical insurance and for payment and/or reimbursement of medical/surgical expenses incurred by me as a result of my participation in the Event.
4. I understand that there is a time limit in which I am required to complete the Event. I will provide evidence of my ability to complete the course in the specified time limit, if requested by IMG. If, during the conduct of the Event, an Event official directs my withdrawal because I am likely to be unable to reach the cut-off marks within the advertised time limit or complete the Event within the advertised time limit, I undertake to comply with this direction. In these circumstances I will voluntarily remove myself from the course without liability to IMG and agree to be transported to the finish area.
5. I understand that IMG reserves the right to refuse my application to register for any of the races making up the Event at any time for capacity/field limit, safety, insurance or any other reason. I understand that IMG may refuse to allow me to participate or continue participating in the Event for any reason at all, including (without limitation) if I breach (or am reasonably suspected of breaching) these terms and conditions or if in the reasonable opinion of IMG it is necessary for my safety or the safety of others.
6. If competing in the Marathon or Ultra Marathon race (as part of the Event), I will be 18 years or older on the Event Day. If competing in the Half Marathon race (as part of the Event), I will be 16 years or older on the Event Day. All children (under the age of 13 years on the Event Day) must be accompanied by an adult in the GOR Walk, Trail 6.5km & 13km, 14km, 6km and 1.5km races (as part of the Event) on the Event Day.
7. I undertake to comply with all applicable regulations, by laws and rules of the Australian Sports Anti Drug Agency (ASADA) and Athletics Australia (AA) and any other relevant authority or body in relation to the Event and will comply with all reasonable directions and decisions of the officials and other representatives of ASADA, AA and IMG. I have not knowingly used any substance for the purpose of enhancing my performance at the Event and will not use any substances prohibited by the rules of AA or any other relevant authority or body. If applicable, I will check with my physician to ensure medication that I am taking is not a prohibited substance.
8. I understand that participation in the Event (including, without limitation, transportation to and from the Event venue) involves risks and dangers which include, without limitation, the potential for minor and/or serious bodily injury, permanent disability, paralysis and death or mental trauma; loss or damage of property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, vehicles (including drones or unmanned air vehicles) or other natural or manmade objects; dangers arising from adverse weather conditions (e.g., wind, rain, heat, sun exposures, etc.); imperfect course conditions; natural and manmade water, road and surface hazards; animals, living creatures and other organisms; equipment failure; inadequate safety measures; participants of varying skill levels; medical or emergency aid (or lack thereof); situations and circumstances beyond the immediate control of IMG; the inherent risk of contracting illness(es) including, without limitation, the virus and respiratory illness known as COVID-19 or any associated strain, variety or mutation of that virus or illness (“COVID”) which may exist anywhere people gather and are present, including the Event, becoming a carrier of COVID, and/or experiencing any resulting harm(s) including, without limitation, the Symptoms, death, fever, weight loss, irreversible pulmonary respiratory and/or neurological system damage, mental or emotional distress, temporary or permanent disability, loss of income, loss of employment, loss of financial or other opportunities, medical expenses (which may or may not be covered by insurance), cleaning expenses, mandatory self-quarantine, loss of licenses and similar approvals by any regulatory or self-regulatory body to which me or any of the Released Parties (as defined below) is subject, investigation and/or prosecution by civil, criminal or other regulatory authorities and other harms and lost opportunities, whether economic, reputational or otherwise (collectively, the “Harms”); other undefined harm or damage which may not be readily foreseeable; and any other presently unknown risks and dangers (collectively, “Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, and/or the acts, inaction or negligence of the Released Parties (defined below), and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expense which I incur as a result of or in connection with my entry into and participation in the Event. If I observe any Risks during my presence at, participation in, and/or attendance of, the Event or any portion thereof, I will immediately notify the nearest official and/or personnel of an Event Organizer and use best efforts to remove myself from exposure to the same (to the extent possible given the nature and scope of the Event and each portion thereof).
9. I release IMG AND THE RELEASED PARTIES (and their directors, officers, employees, volunteers, sponsors, contractors and agents) from any liability (to the extent permitted by law) for any loss, injury, damage of any description whatsoever suffered in relation to my attendance and participation at the Event, however so caused, and I indemnify them against all liability arising as a result of or in connection with my attendance and participation in the Event including any loss of personal property including, without limitation, the Risks (including those pertaining to COVID-19 and/or any resulting Harm(s)). Individually and collectively, the “Released Parties” are: IMG and its affiliated entities, race directors, emergency aid or medical personnel, sponsors, licensors, vendors, suppliers, contractors, and advertisers; local organizing committees, volunteers; the venues and property (and rights) owners on which the Event takes place; public entities providing support for the Event; and each of their respective parents, subsidiaries and affiliated and/or associated companies, officers, directors, partners, shareholders, members, managers, representatives, agents, contractors, and employees.
10. In connection with the Event, I agree not to mislead Event Organisers, obtain an advantage by deception or otherwise act dishonestly. When participating in the Event, I agree to follow the approved course, observe normal traffic rules and obey all directions and instructions given by Event Organisers. I understand that IMG reserves the right to alter the course and/or Event format, including changing the distance of the course due to any unforeseen circumstances. Such alterations may be due to the direction of councils, police or other organisations that are associated with the Event.
11. I agree that I may not participate in the Event with or using roller skates, roller blades, skateboards, bicycles, scooters, dogs/animals or any non-traditional form of running shoe. Drones or unmanned aerial vehicles (UAV) are prohibited at or around the Event. I acknowledge that I am responsible for all property I bring to the Event and understand that IMG does not accept responsibility for any loss or damage to this property.
12. I acknowledge that whilst gender nomination provides no barrier to participating in the Event and receiving official race results, Event and category awards and any associated prize money are currently only available if I nominate my gender as male or female, and nomination as non-binary or any alternate gender term may affect how my race results are categorised on filtered results tables and leaderboards.
13. I grant IMG and sponsors, contractors and suppliers engaged by IMG in connection with the Event a royalty free right for use in perpetuity, to use and allow the use of my name, image, voice, likeness, photograph, interview and statement in broadcasts, telecasts, webcasts, media press materials, promotional materials and otherwise in connection with the Event. I acknowledge that the official Event results list, published publicly, will display my name, corresponding Event number, age category, nominated gender and finish time. I acknowledge that these details may be used by IMG or Event sponsor(s) to verify Event participation data. I acknowledge that the official Event App may display my location on Event day as I complete the Event course.
14. I understand and acknowledge that IMG will use an electronic timing chip device for timing me in the Event and this will entail the issuing and wearing of the race bib and the timing chip device (on the chest area) by me at all times during the Event. I understand that the timing chip device is attached to the rear of the race bib (under what looks like a label) and if it is tampered with, such as it being removed or pulled out, the timing chip device may not function correctly or work at all. I understand that the replacement fee for my timing chip device is $20, and I agree to pay IMG the replacement fee at the Event race office prior to the commencement of the Event when I collect my replacement race bib and timing chip device if, in the reasonable opinion of IMG, my original timing chip device has been or appears to have been damaged as a result of tampering. I understand that if I am participating in the GOR Walk no timing chip will be attached to my race bib as this event is not timed.
15. I understand that my entry in the Event is non-transferable and I understand that passing on my race bib and/or timing chip device to a third party to participate in the Event in my place is prohibited. I understand that IMG predominantly imposes this requirement for safety reasons as IMG needs to have accurate information about all participants in the Event so as to properly assist all Event participants in the case of a medical emergency or for other similar reasoning.
16. I acknowledge that my entry fee is not refundable except in accordance with this paragraph and paragraph 19 below. I understand that if I do not wish to participate in the Event, I must fill in and submit to IMG the official Event withdrawal form that is available on the Event website (www.greatoceanroadrunfest.com.au), return to IMG my race bib and timing chip device, and I agree I will not transfer my race bib and/or timing chip device to any third party. I understand that if I withdraw from the Event up to and until 11:59pm Tuesday April 5, 2022, there is a cancellation fee that applies (i.e. I will be returned the entry fee paid by me less $30 if I entered the Great Ocean Road Marathon race, $30 if I entered the Ultra Marathon race, $30 if I entered the Half Marathon race, $15 if I entered the 13.5km Trail race, $15 if I entered the 6.5km Trail race, $15 if I entered the 14km race, $15 if I entered the 6km race, $15 if I entered the GOR Walk and $5 if I entered the 1.5km race, so as IMG may cover its administration expenses), and should I withdraw from 12.00am on Wednesday April 6, 2022 onwards for any reason (including, but not limited to, medical reasons), there is no refund of any portion of my entry fee.
17. Mail out of Event race packs will progressively begin from mid April 2022 and may take approximately 3 – 4 weeks for delivery depending on your date of entry. I acknowledge that If I enter the Event before 11:59pm on Tuesday April 5, 2022, my Event race pack will be posted to me and if I enter the Event from 12:00am on Wednesday April 6, 2022 onwards, I will be required to pick up/collect my Event race pack from the Event race office prior to the commencement of the Event. All international entrants are required to collect their race pack from the Event race office prior to the commencement of the Event regardless of the date they entered the Event.
18. If after I have entered the Event I wish to change from the race I entered into originally to another race within the Event, I can make changes only as follows:
(a) on or before 11:59pm Tuesday April 5, 2022, I may change races via the ‘my events portal’ on the Event registration console. If I change into another race of greater value within the Event, I acknowledge that I will be required to pay an additional fee for the difference between the entry fee I originally paid and the current cost of participating in the alternative race. If I change to a race of lesser value I must fill in and submit to IMG the official refund request form that is available on the Event website (www.greatoceanroadrunfest.com.au) to receive a refund equal to the difference between the entry fee of the relevant Event races less a $15 administration charge;
(b) between 12.00am on Wednesday April 6, 2022 and 11:59pm on Monday 9th May, I may apply to change races by emailing email@example.com. If I have received my original distance bib in the mail, it is my responsibility to swap my bib to the correct distance at the race week office during opening hours on Friday 13th May and Saturday 14th Failure to do so will result in my race time not being recorded. If I am accepted into another race within the Event, I acknowledge that I will not receive any refund of my original Event entry fee
(c) from 12:00am Tuesday 10th May onwards, I may apply to change races only by attending the Event race office (with my Event race pack) on one of the following dates: Friday May 13 – Saturday May 14, 2022. If I am accepted into another race within the Event, I acknowledge that I will not receive any refund of my original Event entry fee. No changes will be permitted after the Event race office has closed on Saturday 14 May 2022.
19. Without limiting any non-excludable rights or remedies which I may have under the Australian Consumer Law, I acknowledge that my Event entry fee is strictly non-refundable except as set out in these terms and conditions and/or as required by law:
(a) If: (i) I develop COVID related symptoms in the lead up to the Event and get tested; (ii) I am identified as a close contact of a person who has received a positive COVID test result, and as a result of (i) or (ii) I have been directed to isolate or quarantine (stay at home) on the Event date, or (iii) if I am prevented from travelling to the Event on the Event date because of intrastate, interstate or international travel restrictions imposed by a Government Directive; I will complete and provide to IMG a COVID Withdrawal Application Form and any other documentation required by IMG and I will be entitled to rollover and credit my registration and Event entry fee to the 2023 Event or receive a refund of my Event entry fee.
(b) (i) IMG reserves the right to alter the Event, including (but not limited to) changing the start time, venue or format of the Event. In the event of such a change, I will be notified with as much notice as reasonably practicable. No refund in whole or in part of my Event entry fee shall be provided for any such alteration or change to the Event. (ii) IMG reserves the right to re-schedule the Event to another date, in which case my Event entry will be valid for the new date. If I am unable to attend the rescheduled Event, I will have a reasonable time (to be advised by IMG) to rollover and credit my registration and Event entry fee to the 2023 Event or obtain a refund of my Event entry fee. (iii) IMG reserves the right to cancel the Event for any reason, including (but not limited to) circumstances beyond its reasonable control. Other than where the Event is cancelled due to COVID or Government Directives as provided in sub-paragraph 19(c) below, in the event of cancellation of the Event in its entirety, I will be eligible to rollover and credit my registration and Event entry fee to the 2023 event or receive a refund of my Event entry fee.
(c) I acknowledge that the Event may be scheduled during a time at which the pandemic and / or public health emergency arising from COVID or a state of emergency, one or more State or Commonwealth Government directions, regulations or laws, including directions regarding the number of persons who are permitted to attend the Event (“Government Directive”) may impact on IMG’s ability to hold the Event. If IMG is required or decides to cancel or postpone the Event because of COVID or a Government Directive, I agree that (notwithstanding any other provision of these Terms and Conditions) my registration and Event entry fee will be automatically rolled over and credited to the 2023 Event and I will not be entitled to receive a refund of my Event entry fee.
(d) Other than as specifically set out in this paragraph 21 and without limiting any non-excludable rights or remedies which I may have under the Australian Consumer Law, IMG will not be liable to me or any third party for any loss or damage (including indirect or consequential loss or damage) suffered as a result of or arising from or in any way connected to cancellation, postponement, re-scheduling, relocation or change to the Event or any part thereof (including any travel or accommodation expenses) and all of IMG’s liability is limited to the amount for which the ticket was purchased or such lower amount which is specified in this paragraph 19.
20. I understand that my entrant details are collected by IMG for the purpose of conducting the Event and associated events, including but not limited to identifying participants in the Event, recording results, communicating with me and other participants about the Event and other associated events and to assist IMG in improving and marketing its goods and services. I understand that by supplying IMG with my e-mail address I agree to receive regular e-newsletter updates from IMG in order to stay informed about the Event.
22. I understand that as a parent or guardian for a participant in the Event (if applicable), I agree to the above for myself and on behalf of my dependant In consideration of IMG agreeing at my request to accept the entry of a minor race participant I further agree for myself, the participant, their heirs, executors and administrators to indemnify and keep indemnified IMG (and their directors, officers, employees, volunteers, sponsors, contractors and agents) against all actions, suits, claims, proceedings, demands, cost, expenses, liabilities or judgements which the participant and/or I may have in respect of any death, injury, damage or loss sustained by the participant as the result of the participant’s participation in the Event. I affirm that I have full authority on behalf of all living parents and/or guardians to sign this indemnity AND that this indemnity may be pleaded as a bar to any action claim demand suit or legal proceedings.
23. I acknowledge that third-party providers shall or may provide goods and services to Event participants in relation to the Event (“Third Party Providers”). I acknowledge that in purchasing any goods or services from any Third Party Provider I am entering into an agreement with that Third Party Provider (and not with IMG) and in the event of non-fulfilment of any goods or services, all my rights to take action are against that Third Party Provider (and not against IMG). I agree and acknowledge that I will comply with any separate terms and conditions set by any Third Party Provider in respect of the purchase of any such goods and/or services. Such Third Party Providers may include (without limitation) the following:
(a) GeoSnapShot Pty Ltd shall collect images and vision of participants throughout the event. If I opt in to purchase a photography package as part of my registration for the event my personal details including email address will be shared with GeoSnapShot for the purposes of fulfilling this purchase. Images and vision from the event will be hosted and displayed on the GeoSnapShot platform and are accessible and available for purchase by the general public. In the event that I do not participate I acknowledge that the photography package is non-refundable.
(b) Twighlight Glamping Pty Ltd in conjunction with the Event Organiser shall deliver Glamping style accommodation at the event and that if I opt in to purchase an accommodation package as part of my registration for the event my personal details including email address and phone number will be shared with that provider for the purposes of fulfilling this booking. I acknowledge that in the event that I cancel my accommodation booking on or after the 10th April 2022 that a cancellation fee of $200 will apply. (ie I will be returned my accommodation booking less the cancellation fee)
(c) The Avalon Trading Company Pty Ltd T/A Qure/Peak shall provide Event merchandise and if I opt in to purchase merchandise as part of my registration for the event my personal details including name, email and shipping address will be shared with that provider for the purposes of fulfilling the shipping and/or collection requirements for that merchandise purchase. In the event that I withdraw from the event, opt not to not participate or the event is cancelled or postponed I acknowledge that merchandise purchases are non-refundable.
(d) MiTime Group Pty Ltd shall create personalized timing results tabs for official race medals and if I opt in to purchase a MiTime as part of my registration for the event my personal details including name, timing result, email and shipping address will be shared with that provider for the purposes of fulfilling the shipping and/or collection requirements for that purchase. In the event that I opt not to not participate I acknowledge that MiTime purchases are non-refundable.
24. I understand that these terms and conditions shall be construed according to the laws of the State of Victoria, Australia.
25. I acknowledge that these terms and conditions may change from time to time at the discretion of IMG and without notice to me.
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