Online Fundraising

Participant Terms and Conditions

 

PCYC embRACE 2019 - Sunday, 9 June 2019 

 

These terms and conditions constitute the agreement between the PCYC Queensland (defined below), the participant and where the participant is a minor, the parents/guardians, for the conduct of the PCYC embRACE and associated activities.

 

Entry into the PCYC embRACE 2019 event (“PCYC embRACE”) is deemed to be an acceptance of these Terms and Conditions of Entry. 

 

Recitals 

A. “PCYC Queensland” means Queensland Police-Citizen’s Youth Welfare Association (ABN 58 009 666 193) 30 Graystone St, Tingalpa QLD 4173.

B. “PCYC embRACE" means the PCYC embRACE event to be held on Sunday, 9 June 2019

C. “Claims” means all claims, liabilities, demands, suits, causes of action, damages, debts, costs, verdicts and judgments whatsoever whether at law or in equity or under any statute in connection with or arising out of PCYC embRACE.

D. “Releasees” means:

a) PCYC Queensland and its directors, servants, volunteers, employees, agents, and contractors;

b) and any promoters, organisers, participants, sanctioning organisations, officials, rescue personnel, sponsors, advertisers, event inspectors, underwriters, consultants and any others who give recommendations or engage in risk evaluation regarding PCYC embRACE and 

c) the owners, occupiers and lessees of any premises used for PCYC embRACE and their respective directors, servants, volunteers, employees, agents, and contractors.

 

SUBMISSION OF THIS FORM, OR YOUR ACCEPTANCE OF THESE TERMS ELECTRONICALLY, IS YOUR ACKNOWLEDGEMENT OF THE ACCEPTANCE OF THE TERMS AND CONDITIONS OF PARTICIPATION IN THE FUN RUN.

 

1. Participant Details 

1.1 I wish to participate in PCYC embRACE and understand that participation has inherent risks, including but not limited to risks to my personal heath arising from the physical nature of PCYC embRACE, driving on public roads and the usual hazards of traffic and riding together with the inherent hazards of being on public roads. 

 

 

2. Acknowledgement and Certification

2.1 I am aware of the fitness level required to undertake PCYC embRACE and certify that I am physically capable of participating in PCYC embRACE and accept all risks associated with my participation in it.

2.2 I warrant that I am in a good state of health, that I am not receiving any medication or taking any substance that may affect or interfere with my ability to engage in PCYC embRACE and, other than as set out below, that I am free from any injury, medical condition (including but not limited to advanced pregnancy, heart condition or seizures), disability, disease or illness that may be aggravated by participation in PCYC embRACE or which may affect or interfere with my ability to engage in PCYC embRACE.

2.3 I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in PCYC embRACE, or that would result in my participation creating a risk of danger to myself or to others.

2.4 I acknowledge that PCYC Queensland recommends and encourages each client to get medical clearance from their personal physician prior to participation.

2.5 I assert that I have not been advised or cautioned against participating by a medical practitioner.

2.6 I understand that it is my responsibility to continuously monitor my own physical and mental condition during PCYC embRACE, and I agree to withdraw immediately and to notify appropriate personnel if at any point my continued participation would create a risk of danger to myself or to others.

2.7 In the event of an injury to me that renders me unconscious or incapable of making a medical decision, I authorise appropriate PCYC Queensland personnel and emergency medical personnel at PCYC embRACE to make emergency medical decisions on my behalf (including, but not limited to Cardiopulmonary resuscitation (CPR), Automated external defibrillation (AED), use of anaesthetics, blood transfusion or surgical or other medical intervention.

2.8 I authorise to secure emergency medical care or transportation (i.e. QAS) when deemed necessary by PCYC Queensland or Event personnel and to notify my emergency contact if I am not able. 

2.9 I agree to take full responsibility and assume liability for any and all costs incurred as a result of my participation in PCYC embRACE.

2.10 I understand that strollers and similar devices must meet Australian Safety Standards and have appropriate safety restraints.  

2.11 I understand that strollers and similar devices are not permitted in the main 5.5km race (excluding wheelchairs, or other mobility or accessibility devices). Strollers and similar devices are permitted in the 1.5km dash and community festival.

2.12 I acknowledge that PCYC Queensland have instituted its rules and safety procedures for the protection of the participant and co-participants. I confirm that prior to participating in PCYC embRACE that I will familiarise myself with those rules and safety procedures and follow them throughout the event. 

2.13 I always agree during PCYC embRACE to:

a) comply with the directions of anyone appointed or permitted by PCYC Queensland to organise PCYC embRACE and acknowledge that failure to do so may result in my being removed from the event; 

b) following all traffic and road laws including directions by Police, PCYC Queensland staff and volunteers; 

c) not participate under the influence of alcohol or drugs; and

d) participate in a safe manner.

2.14 I recognise that PCYC Queensland personnel may halt my participation (and, if necessary, have me removed from the course and premises) if my participation, conduct, or presence endangers myself or my co-participants.

2.15 I agree to, in the event of an accident:

a) report the accident to PCYC Queensland representative immediately and, if requested by the PCYC Queensland representative, report the accident to the Police;

b) provide PCYC Queensland and/or its insurer, on demand, any information about the accident, including any documents about the circumstances of the accident and any injuries suffered (and any treatment received) by any person involved in the accident.

 

3. Waiver of Liability and Indemnification

3.1 In consideration of PCYC Queensland accepting my entry into PCYC embRACE, I absolutely release and waive any Claim I might otherwise have against the Releasees in respect of any liabilities injury, death, loss, damage, cost and expenses of whatever nature and howsoever incurred I suffer as a result of my participation in PCYC embRACE, howsoever arising, including any loss or damage arising regardless of the form arising, whether from a breach of contract and/or negligence by the Releasees or otherwise, unless:

a) caused by the wilful misconduct of the PCYC Queensland or its officers, employees or agents acting within the scope of their authority; or

b) it is a liability that cannot be excluded, restricted or modified pursuant to legislation.

3.2 I indemnify and hold harmless the Releasees against any loss or damage suffered by them as a result of any Claim made by or against me during the PCYC embRACE howsoever arising, including as a result of any act, neglect or default caused by me during PCYC embRACE.

3.3 I waive all Claims, right, or cause of action that I or my heirs might otherwise have or arising out of any loss of life or injury, damage or loss of any description whatsoever, which I may suffer from my participation in the event.

3.4 I acknowledge that under the Civil Liability Act 2003 (Qld), the Releasees will not be liable for any harm suffered by me due to the materialisation of an obvious risk to my participation in a dangerous recreational activity.  I acknowledge that participation in PCYC embRACE is a dangerous recreational activity.

3.5 I acknowledge that I am responsible for my own property.  PCYC Queensland and the Releasees accept no responsibility for personal loss or theft of, or damage to property.

3.6 Subject to Clause 3.7 and except as expressly provided to the contrary in these terms and conditions, all terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, are excluded.

3.7 Where an Act of Parliament implies a term, condition or warranty and that Act prohibits their exclusion or modification, such term, condition or warranty shall be deemed to be included in these terms and conditions provided that the Releasees' liability for breach of the term, condition or warranty is limited to the costs (excluding legal costs) of repairing any property damage or treating any physical injury (caused by that breach).

3.8 Subject to Clause 3.7 the Releasees shall not be under any liability to the Participant for consequential loss or damage (including loss of actual or anticipated profits or revenue, economic loss or any kind or any loss suffered as a result of any Claim or Claims by third parties) in contract, tort (including negligence), under statute or otherwise.

3.9 I agree that I am liable for and indemnify the Releasees against all liability, medical costs incurred pursuant to clause 3, all actions, proceedings, suits, Claims, demands, damages, losses, costs, charges and expenses (including all legal fees, costs and disbursements on a full indemnity basis, without taxation, and whether incurred or awarded against the Releasees), arising out of or in connection with:

a) PCYC embRACE; or

b) breach of or failure to comply with these terms and conditions. 

3.10 Each indemnity in these terms and conditions is a continuing obligation, separate and independent from the other obligations of the parties. It is not necessary for the Releasees to incur expense or to make any payment before enforcing a right of indemnity conferred by these terms and conditions. I must pay on demand any amount he/she must pay under an indemnity in these terms and conditions.

3.11 For the purposes of section 55 of the Property Law Act (Qld), the parties will do all things necessary to ensure that all persons included in the definition of the Releasees receive the full benefit of the rights (including all releases, discharges and indemnities) as contemplated by this agreement.

 

4. Privacy, Media and Photography

4.1 I provide consent to PCYC Queensland to:

a) collect the personal information provided by virtue of participation in PCYC embRACE;

b) store the personal information any data system they may use; and

c) use the information for purposes relating to or incidental to conducting PCYC embRACE.

4.2 I grant to PCYC Queensland and its affiliated entities or contractors and/or the media my permission and authority to use my name, image, voice, and/or likeness in any photographs, videotapes, CDs, DVDs, broadcast, telecast, podcast, webcast, recordings, motion pictures, commercial advertisement, promotion materials, and/or any other record captured during PCYC embRACE for any purpose whatsoever without compensation.

4.3 I acknowledge my personal information, including photos, is collected, held and used by PCYC Queensland for event coordination and administration purposes, PCYC Queensland event marketing and PCYC Queensland fundraising activities. Please contact us if you do not consent to PCYC Queensland holding and/or sharing your personal information. Our privacy policy is available at http://www.pcyc.org.au/getattachment/1-6-Privacy-Policy.pdf 

 

 

5. Communication

5.1 I understand that my email address will be used for registration confirmation and updates about PCYC embRACE as well as support to help me reach my fundraising and training goals. From time to time PCYC Queensland may also send me information on other events, fundraising activities and PCYC Queensland news that may be of interest.

5.2 I am aware if I do not want to receive further communication from PCYC Queensland (other than information that relates to PCYC embRACE) I can contact PCYC Queensland Fundraising team via [email protected] or by calling 07 3909 9573.

5.3 I am aware if I have any questions about privacy, including updating and/or changing my personal information or obtaining a copy of the PCYC Queensland Privacy Policy (linked above in item 4) I can contact the PCYC Queensland fundraising team via email to: [email protected] or by calling 07 3909 9573.

5.4 I understand that communications about the PCYC embRACE event are principally made via email. If I do not have regular access to an email address, then I agree that I will make every effort to monitor and review notifications and changes to the PCYC embRACE event which will be posted on PCYC website at [embrace.pcyc.org.au]. I agree that it is my responsibility to read all information that is made available on the website, in emails, in any guide and all other literature concerning the event.

 

6. Majority Age

6.1 I affirm that I am 18 years of age or older at the time of accepting these Terms and Conditions. If I am under the age of 18, I understand that I will not be allowed to participate without a parent or guardian agreeing these Terms and Conditions.

6.2 I have read and understood what is always expected of me and I agree to adhere to the direction of PCYC Queensland and/or PCYC embRACE personnel.

6.3 As a parent or guardian, I agree to these Terms and Conditions on my behalf and on behalf of my child. I indemnify and will keep indemnified all people and corporations associated with the conduct of the event on the terms referred to.

6.4 Children between the ages of 11 and 16 must be supervised by an adult. Children under the age of 11 must always be directly supervised by a parent/guardian.

 

7. Refunds

7.1 I undertake to notify PCYC Queensland of my inability to participate in PCYC embRACE at the earliest possible opportunity. I acknowledge that I will not be entitled to any refund of my application fee if I withdraw and that, once accepted, my application to participate and my application fee cannot be transferred to another person.

 

8. Cancellation and Changes

8.1 I acknowledge that PCYC Queensland reserves the right to cancel or postpone PCYC embRACE in the event of unforeseen circumstances. In the event of a cancellation or postponement I acknowledge that PCYC Queensland will use reasonable efforts to minimise the cost to me, but I acknowledge that certain costs may not be refunded.

8.2 I acknowledge PCYC Queensland may need to change the event format, course or other PCYC embRACE conditions at its discretion. If this occurs, these terms and conditions apply to the changed conditions.

8.3 I acknowledge that PCYC Queensland reserves the right to refuse my application and refund the registration fee back to me.

 

9. Acknowledgement of Understanding

9.1 Each party irrevocably:

a) submits to the exclusive jurisdiction of the courts of Queensland, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these terms and conditions; and

b) waives any objection it may now or in the future have to the venue of any proceedings, and any claim it may now or in the future have that any proceedings have been brought in an inconvenient forum, if that venue falls within clause (a) above.

9.2 These Terms and Conditions are governed by and must be construed according to the law applying in Queensland.

9.3 I have carefully read these Terms and Conditions, including the Waiver of Liability and Indemnification, and fully understand its contents. I am aware that this is a release of liability and binding contract between myself and the persons and entities mentioned above and I sign it of my own free will. I understand that I am giving up substantial rights, including my right to sue.

9.4 I acknowledge that I am accepting this Waiver and Release freely and voluntarily and intend by accepting to be a complete and unconditional release of all liability to the greatest extent allowed by law.

 

Acceptance by Participant: 

I have read and agree:

- the information is true and correct

- to be bound by the Terms and Conditions for the PCYC embRACE

 

Acceptance by Parents / Guardians: 

(To be signed where Participant is under 18 years of age at the time of accepting these Terms and Conditions)

 

I have read and agree:

- The information is true and correct

- To be bound by the above Terms and Conditions on my behalf and on behalf of my child for the PCYC embRACE