1. I understand that participating in Helping Feet (“the Event") jointly organised by Iranian Bushwalkers Inc. (“Iranian Bushwalkers") and Yarra Foundation for disadvantaged children's education Inc. (“Yarra Foundation") carries with it certain dangers including the risk of physical or mental injury (including the aggravation, acceleration or recurrence of such an injury), death and/or property damage and I accept (to the maximum extent permitted by law) all risks associated with my participation. I understand that participating in the Event will involve walking or running on roads and rugged, isolated and often remote tracks. I am aware of the hazards involved. The hazards include, but are not limited to, road or track surfaces, remoteness from assistance or medical aid, strenuous nature of walking and running a long distance (up to 25 kilometres for some tracks), becoming lost, vehicle traffic, actions of participants, spectators, organiser's personnel, supporting agencies, weather conditions, sleeplessness, hypothermia and heat exhaustion, condition or suitability of participant's clothing, footwear or equipment. In my judgment I have sufficient competence and experience to participate safely in the Event.
2. I certify that I am physically fit, have sufficiently trained for participation in the Event and have not been advised otherwise by a qualified medical person and that I have been given the opportunity by the organiser to attend a briefing prior to any training walk(s) and the Event. I confirm that “Iranian Bushwalkers" and “Yarra Foundation" and/or allied health volunteers have not provided me with medical advice regarding my participation in the Event (and are not responsible for providing me with such medical advice).
3. I agree that, to the extent permitted under section 139A of the Competition and Consumer Act 2010(Cth) and/or section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), section 5N of the Civil Liability Act 2002 (NSW) or section 5J of the Civil Liability Act 2002 (WA) (as applicable), “Iranian Bushwalkers", “Yarra Foundation", Event sponsors, Event producers, landowners, volunteers, community organisations and all State, Federal and Local Government authorities with responsibility for the locality in which the event may be staged and their or its respective officers, directors, employees, independent contractors, representatives, agents and volunteers (“Indemnified Parties") exclude all liability in respect of any:
1 .death;
2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
3. contraction, aggravation or acceleration of a disease; or
4. coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to an individual or the community or that may result in harm to an individual or the community, where such liability would otherwise arise under or in relation to any warranty or guarantee:
5. that the Event will be provided with due care and skill;
6. that the Event will be fit for any particular purpose;
7. that the Event will (or might reasonably be expected to) achieve any particular result; or
8. that the Event will be supplied within a reasonable time, except that the exclusion of liability will not apply to significant personal injury caused by the reckless conduct (as defined in section 139A(5) of the Competition and Consumer Act 2010 (Cth)) of the supplier of the relevant services or with reckless disregard, with or without consciousness, for the consequences of the act or omission (within the meaning of section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic) or section 5J(6) of the Civil Liability Act 2002 (WA) (as applicable)).
4. On behalf of myself, my executors, administrators, heirs, next of kin, successors and assigns, I:
1. RELEASE AND DISCHARGE the Indemnified Parties, to the maximum extent permitted by law, from any and all liability for death, disability, personal injury, property damage, property theft and all other loss, damage or liability whatever and however occurring (whether under tort (including negligence), statute, contract, equity or otherwise) which I or any other person may suffer as a result of or in connection with, directly or indirectly, my participation in the Event and I waive all and any rights, claims, actions or suits against the Indemnified Parties which but for the execution of this Acknowledgement Waiver, Release and Indemnity I may have had against the Indemnified Parties or any of them now or in the future;
2. INDEMNIFY AND HOLD HARMLESS and will keep indemnified each of the Indemnified Parties whatever or however caused which may be brought against them or any of them which arises in connection with my participation with the Event and/or training walks.
5. Without limiting the above, to the maximum extent permitted by law, I release the Indemnified Parties from all liability for:
1. any consequential loss; and
2. any economic loss, suffered or incurred by me or any other person arising out of or in connection with my participation in the Event.
6. Nothing in this document prevents the Indemnified Parties from relying on any laws (including statutes and common law) that limit or preclude their liability.
7. Nothing in this document excludes any term or guarantee which, under statute, cannot be excluded however the liability of the Indemnified Parties is limited to the minimum liability allowable by law. In particular, I understand that I may have rights under consumer guarantees set out in the Australian Consumer Law.
8. I hereby consent to receive medical treatment, which may be deemed necessary in any event of injury, accident and or illness during the event. I understand treatment requested from allied health volunteers is at my own risk.
9. I understand that during the Event, and/or related activities I may be photographed or filmed. I agree to allow my photograph, video or film likeness to be used for any legitimate purpose by “Iranian Bushwalkers" and “Yarra Foundation", the sponsors and or assigns.
10. I agree to abide by the Event Rules and I will comply with all instructions issued to me by or on behalf of the Indemnified Parties in relation to my participation in the Event and/or training walk(s). I understand that my entry may be voided if through my actions or behaviour, in the opinion of the organisers, I break any of the Event rules or I bring the Event into disrepute. I further understand that the organisers reserve the right to reject any entry without having any justification for their actions.
11. Organisers of the Event reserve the right to alter the trail without notice and/or cancel the Event in consultation with and under the direction of Emergency Service agencies and major event stakeholders/landowners. If the Event is cancelled, participating teams have the option of requesting a 80% refund of their registration fee.
12. If I am entering this event on behalf of another/other participant(s) I hereby confirm that I have made the other participant(s) aware of the information in these terms and conditions. I have provided a copy of these terms and conditions to that/those participant(s). The participant(s) have agreed with all aspects of the waiver. I hereby indemnify the event organisers, sponsors, promoters, representatives and all other persons responsible for the conduct of the event in respect of all claims, costs, damages and losses which may be suffered as a result of any claims which may be brought by or on behalf of the other participant(s) on whose behalf I entered this event.
13. I agree that it is my responsibility to provide Event organizers with my emergency contact details
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you—
- are rendered with due care and skill; and
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part.Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
