The Sydney Morning Herald Half Marathon Event Terms and Conditions
1. The participant (Participant) in The Sydney Morning Herald Half Marathon (the 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 Event participation.
Agreement Waiver and Indemnity
3. In consideration of acceptance of my entry in the Event, I, and on behalf of my heirs, executors and administrators agree with each of the Indemnified Parties (as defined herein) and declare that: I hereby waive release and discharge 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 arises out of my death, injury, damage or loss of any description which I may suffer or sustain as the result of my participation in the Event.
4. This waiver release and discharge shall operate jointly and severally in favour of Fairfax and its related bodies corporate (Indemnified Parties), 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 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.
5. I agree to indemnify and keep indemnified the Indemnified Parties against all actions, suits, demands, claims, proceedings, costs, expenses, liabilities and judgments whatsoever (including without limitation for negligence, breach of contract and/or breach of statute) arising out of or in relation to my participation in the Event. This indemnity may be pleaded as a bar to any action, claim, demand, suit or legal proceedings. The releases, waivers and indemnities in this document continue forever and bind my heirs, executors, personal representatives and assigns.
6. 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 terms and conditions of entry. The number of competitors will be strictly limited and will be decided on the basis of first received or until registrations close.
7. I agree to accept full responsibility to inform myself and assess all the dangers, hazards and risks of entry in the Event and 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 race committee and other persons corporations and bodies involved engaged in promoting or staging the Event. The decision to participate 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 without limitation any permanent injury.
8. 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 Event officials and the police.
9. I agree and accept that Fairfax may, at its absolute discretion, at any time and from time to time vary the rules and regulations of the Event and without prior notice to me.
10. I consent to receive such 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.
11. No roller skates, roller blades, hand cycles, geared vehicles, skateboards, bicycles, scooters, dogs or other accessories that may cause injury will be permitted.
12. The participant race pack will include a timing tag attached to the back of the race bib to enable each participants’ run to be timed. Participants must not tamper with the timing tag attached to their race bib, and must wear on their chest the race bib that corresponds with their own registration and race number. Timing services are provided by 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 the Event and timing service provider collecting and publishing his or her timing data for the Event. The participant understands that starting the race before their assigned wave start time will result in disqualification.
13. Limited race bib postage is available for Participants to purchase during the registration process until offer capacity reached. Fairfax takes no responsibility for participants who are unable to select postage after the capacity is reached. Fairfax takes no responsibility for race packs that may be lost in the post, or delivered to an incorrect address. Participants are responsible for ensuring correct postal address details are included in the correct postage option fields. Postage fees are non-refundable.
14. 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 am unable 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.
15. Fairfax reserves the right to change or modify any part of the Event including the date, course and location at any time and from time to time. Details of any such changes will be published via the Event website, facebook page, Event e-newsletter and/or other means.
16. I acknowledge that Fairfax or its representative may remove me from the Event area and/or exclude me from participation in the Event if in Fairfax’s sole opinion it is necessary to do so (a) if my behaviour is inappropriate, offensive, or abusive, (b) to prevent damage to any property, (c) on medical or health and safety grounds (including to prevent possible harm or injury to myself and/or any other person), or (d) to prevent or arrest any form of unauthorised marketing, including ambush marketing.
17. 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.
18. I understand that should my contact details change after my registration is completed, it is my responsibility to notify the Event organisers.
19. I understand that if I am entering as a participant in the Elite Wheelchair Start Group I must enter through the official online registration system prior to 5pm on Sunday 1st of May 2016. This is to ensure event organisers have the necessary time for planning and safety requirements. I understand must compete in a racing chair only and my chair must be properly maintained and capable of completing the race.
20. 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.
21. If a transfer option between distances is made available (at Fairfax’s discretion), I consent to paying the administration fee at the time of transfer. If transferring from a shorter distance to a longer distance, I acknowledge that I will be required to pay the difference in entry fee and an administration fee. Should I wish to transfer from a longer distance to a shorter distance, I acknowledge that I will forfeit the change in price.
22. I acknowledge that refunds will only be made prior to 5pm Friday, April 15, 2016 and will only be given 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 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 a refund, by no later than 5pm Friday, April 15, 2016.
23. I acknowledge that I will not be entitled to any refund if the Event is cancelled for any reason. A credit card surcharge reflecting our actual costs of offering payment by credit card will be added to Visa, Mastercard, Diners and American Express payments.
25. 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 publication and/or on the Event website) without payment or compensation.
26. I consent to Fairfax using my personal details contained for the administration of the Event or any third parties selected by me during the registration process, including to SMS Event information to me if I have provided a mobile phone number. I also consent to my personal details being used by Fairfax Events for future marketing and promotional purposes.
27. The participant acknowledges and consents to Fairfax sharing the Participant’s personal information with the Event’s official photography provider, Marathon-Photos, for the purpose of supplying official race photography/video to the Participant. Images may be used for Event promotional purposes, and made available to Participants for purchase through Marathon-Photos.
28. 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.
29. I acknowledge 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 conditions and the Event rules and regulations.
30. Each competitor must assemble behind the designated starting line, await official start and then proceed on the approved course. I acknowledge that entry into the course after the indicated cut-off time and prior to the official start will result in disqualification.
31. The race referee’s decision is final – no correspondence will be entered into.
32. Spectators may not follow competitors on foot, in vehicles or with any other mode of transportation.
33. 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).
34. I declare that all the information supplied by me in this registration is true and correct.
35. I certify that I am 18 years or older, or that I am the parent/legal guardian of the Participant who is under the age of 18 years, and I have read this document and fully understand it. As a parent or legal guardian, I agree to these terms and conditions for and on behalf of the Participant.
Indemnity in respect of persons under 18 years
36. In consideration of the Event agreeing at my request to accept the entry of a minor race participant I agree for myself, the Participant, their heirs, executors and administrators to indemnify and keep indemnified the Indemnified Parties against all actions, suits, claims, proceedings, demands, cost, expenses, liabilities or judgements which the Participant and/or I may have against the Indemnified Parties but for the terms of this agreement 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.
37. 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.
38. 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 did not use the code at the time of purchase.
39. 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 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.
40. The Participant acknowledges and consents to Fairfax sharing the Participant’s personal information with any charities selected by the Participant during the Event registration process and with Everyday Hero Pty Ltd ABN 21 117 080 430 (Everyday Hero). Everyday Hero provides fundraising services to Participants who wish to make a charity enquiry and/or raise funds for charities in connection with the Event. If the Participant registers with Everyday Hero to fundraise for charities or if the Participant elects to make a one-off donation to charity, this will be strictly subject to Everyday Hero’s terms and conditions and certain fees and/or other charges will be deducted from funds raised or donations as payment for these services. Fairfax has no responsibility to the Participant in connection with such fundraising with Everyday Hero and the Participant releases Fairfax from all claims whatsoever in connection with such fundraising.