Participation Terms and Conditions - Ponytail Project
In consideration of this registration being accepted and my being permitted to participate in the Event, I agree to the following, intending to be legally bound for myself and my heirs, executors and administrators.
Event means the event or activity for which you are registering and any related events or activities that take place prior to or after the main event.
- I understand and agree that I participate in the Event at my own risk, and that I am responsible for ensuring my own health and safety while participating in the Event.
- I acknowledge and agree that sporting activities and similar leisure time pursuits, such as the Event, are inherently dangerous and my participation in the Event may involve a significant degree of physical exertion and risk, including the risk of physical injury or even death, and I voluntarily agree to assume those risks. I accept that Cancer Council Queensland has not undertaken any assessment of my ability to participate, and I am solely responsible for assessing my level of fitness and ability to participate.
- I warrant, as a condition of entering the Event, that I have sufficiently trained and I am sufficiently physically fit for the Event and I am not aware of any illness, injury or any other circumstances which may cause or contribute to personal injury, death and/or property damage to me or anyone else. I agree to consult with my medical practitioner prior to the Event if I am in any doubt as to my fitness and whether to participate.
- I consent to receiving any medical assistance which is considered appropriate by officials or medical staff at the Event. If I am required to be transported to a medical facility such as a hospital for further assistance, I agree to pay reasonable costs associated with such transportation and further medical assistance.
- I agree to obey all applicable laws and regulations (including public health rules) during the Event, and agree to follow the directions of the organisers, Cancer Council Queensland, emergency support staff or any law enforcement agency during the Event.
- I acknowledge and agree that I may be disqualified and/or removed from the Event if I breach (or am reasonably suspected of breaching) these terms and conditions or if my behavior is dangerous, offensive or abusive.
- I consent to Cancer Council Queensland providing personal and/or health information collected from me to public health authorities where Cancer Council Queensland is required by law to do so.
- I acknowledge and agree that:
- (a) I am solely responsible for my personal possessions during the Event;
- (b) the organisers and Cancer Council Queensland are not responsible for any loss, theft or damage to personal belongings; and
- (c) any vehicles are parked at the owner’s own risk.
- To the fullest extent permitted by law, I release all persons and corporations associated directly or indirectly with the conduct of the Event (Released Entities) from all claims, demands and proceedings arising out of my participation in the Event. This release shall extend to and include:
- (a) Cancer Council Queensland, sponsors, volunteers or any other entity associated with the organisation of the Event, including Event medical and paramedical personnel;
- (b) the owners, licensees and occupiers of land upon which any part of the Event is conducted;
- (c) any statutory body or local authority having control over any land upon which any part of the Event is conducted; and
- (d) the related bodies corporate, agents, officers, employees, members and/or contractors of each person or entity mentioned in paragraphs (a)-(c) above.
- Section 139A of the Competition and Consumer Act 2010 (Cth) affects the extent to which a contract for the supply of recreational services can exclude, restrict or modify: (a) application of, (b) rights under, or (c) liability for failure to comply with, certain consumer guarantees relating to the supply of services that are otherwise implied in consumer transactions by the Australian Consumer Law.
- Accordingly, to the extent permitted by law, I agree that each of the guarantees in Part 3-2, Division 1, Subdivision B of the Australian Consumer Law in respect of recreational services provided by or on behalf of Cancer Council Queensland or any Released Entity, is excluded in respect of liability for the events and circumstances set out in s139A(3) of the Competition and Consumer Act 2010 (Cth).
- Similarly, to the extent permitted by law, I also agree that any liability of Cancer Council Queensland or any Released Entity in respect of any of the guarantees referred to in clause 12 above is excluded in respect of the events and circumstances set out in s139A(3) of the Competition and Consumer Act 2010 (Cth).
- I agree and consent to the publication and use by Cancer Council Queensland and any of its assignees or licensees of my name and/or quotes, interviews or images (including film) (Materials) of my performance in the Event for the purpose of activities of Cancer Council Queensland (including publicity, merchandising and fundraising) by any form of media (e.g. newspapers, magazines, other print publications, radio and television broadcasts, websites, webinars, podcasts and vodcasts) in perpetuity and without compensation. I acknowledge and agree that such Materials are owned by Cancer Council Queensland. Cancer Council Queensland is not responsible for photographs and images taken by persons who are not an official representative of Cancer Council Queensland.
- By registering for the Event you agree to Cancer Council Queensland’s privacy collection statement: https://cancerqld.org.au/about-us/our-privacy-policy/fundraising-privacy-collection-statement/
- If the Event is modified or terminated for any reason, you may request Cancer Council Queensland for a refund of your registration payment (if any) or to transfer registration fees to a future event. Alternatively, you may request your registration payment to be deemed a donation to Cancer Council Queensland, for which a tax-deductible receipt will be issued.
- If any provision in this document is unenforceable, illegal or void, then the parties agree that the provision must be read down the minimum necessary to allow it to be enforceable whilst preserving as close as is possible the purpose of the provision. If the provision cannot be read down, it is severed, and the rest of this document remains in force.
- This agreement constitutes the entire agreement between you and Cancer Council Queensland in respect of its subject matter and supersedes any prior agreement or understanding in relation to anything connected with its subject matter. To the extent of any inconsistency between this agreement and any other document you agree to at the Event, this agreement prevails.
- These terms and conditions are subject to the laws of Queensland, Australia. Cancer Council Queensland and you submit to the exclusive jurisdiction of the courts located in Queensland, Australia and the courts of appeal therefrom for the resolution of any dispute under these terms or concerning the Event.
- You certify that you are 18 years of age or older, and have read this document and understand and accept these terms and conditions. If you are under the age of 18, your parent or legal guardian certifies that they have read this document and understand and accept these terms and conditions. Cancer Council Queensland is entitled to assume the participant has complied with this clause and Cancer Council Queensland is not liable for any failure to obtain a parent or guardian's consent in respect of any participant under the age of 18.
- By completing the registration or participating in the Event, you accept these terms and conditions.