Runaway Sydney Run Club

TERMS AND CONDITIONS OF PARTICIPATION (incl. Recreational Activity Waiver)
2024 Runaway Sydney Half Marathon Run Club – Sydney, Australia: for training runs conducted between 26 February 2024 – 4 May 2024.

Thankyou for registering for the 2024 Runaway Sydney Half Marathon Run Club (the “Club”). These terms and conditions apply to your participation in the Club including any training runs conducted by JORG, ABN: 95 842 543 244 (“JORG”) and any other associated activities conducted by USM Events Pty Ltd ACN 052 342 239 (“USM”).
Please read these terms and conditions carefully before registering for the Club by entering your name and email address at the link at the bottom below.

Each participant, or if the participant is not over 18 years of age, a parent/natural guardian/legal guardian of the minor participant (the ‘Minor’), must read these terms and conditions. By registering for the Club, I acknowledge my acceptance (and my acceptance on behalf of the Minor, if applicable) of the terms and conditions set out here. “I” or “me” refers to either myself as the participant or on behalf of the Minor if applicable. Where accepting on behalf of the Minor, I agree to explain the terms and conditions to the Minor.

I agree it is my responsibility to ensure that I am sufficiently fit, of good physical and mental health and capable of participating in the Club (without causing harm to myself or others) and it is my responsibility to seek any and all required medical advice, recommendations and clearances prior to arriving at and participating in the Club (if and as applicable). I confirm that: (a) I am (and, at the time of the Club, will be) in good health and proper physical and mental condition to participate in the Club; (b) I have not been advised by a qualified medical person that I should not participate in the Club; and (c) I am otherwise not aware of any medical or other matter which would render it unsafe for me to take part in the Club.

YOUR RISKS:
In consideration of and as a condition of participating in the Club, I acknowledge that:

• Participation in the Club may involve exposure to the risk of injury, death, permanent disability or damage to my property and other risks outlined below, which list of risks is not exhaustive. Any such injury or loss may result not only from my actions but from the actions, omissions or negligence of others.
• Prior to participating in the Club, I will do all things within my control to make myself aware of all risks or potential risks involved, including risks associated with any health condition I have. My participation in the Club is voluntary and undertaken at my own risk.
• I have received sufficient warning or otherwise satisfied myself of all risks associated in participating in the Club, I participate in the Club at my own risk and I acknowledge that the assumption of risk and warnings contained in this section constitutes a 'risk warning' in accordance with relevant legislation, including the Australian Consumer Law and Civil Liability Act 2002 (NSW).

The following describes some, but not all, of the inherent risks to participation in the Club:

• Risks present in an outdoor environment. You may be subject to: inclement weather (including wind, rain, heat or sun); extremely hot or cold weather; stinging, venomous and/or disease carrying animals or insects; and other natural or man-made hazards. Hazards may not be marked or visible and weather can be unpredictable.
• Running risks. The risk of contacting or colliding with objects or people (including other participants or the public) or other natural or manmade objects); tripping or falling; or encountering other road/trail hazards.
• Supervision and activities risks (as applicable). I agree to take sole responsibility for the Minor’s supervision before, during and after the Club, and I agree that I and the Minor share in the responsibility for the Minor’s well-being.

RECREATIONAL ACTIVITY WAIVER & EXCLUSION OF LIABILITY (ADULT PARTICIPANTS ONLY):
I acknowledge and agree that where I am a consumer of recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law or any relevant State or Territory law) (“recreational services”), certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. I acknowledge that these implied terms and rights and any liability of USM and its Associates flowing from them, are expressly excluded, restricted or modified as set out below.

By registering for the Club, you agree that the liability of USM in relation to the supply of recreational services and recreational activities (as that term is defined in the Civil Liability Act 2002 (NSW)) for any:

• a. death;
• b. illness;
• c. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
• d. the contraction, aggravation or acceleration of a disease;
• e. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
• i. that is or may be harmful or disadvantageous to you or the community; or
• ii. that may result in harm or disadvantage to you or the community,

that may be suffered by you resulting from the Club is excluded. The application of any express or implied term that any recreational services or recreational activities: (a) will be provided with due care and skill; (b) are reasonably fit for any purpose which you, either expressly or by implication, make known to USM; and (c) might reasonably be expected to achieve any result you have made known to USM, is hereby excluded.

By registering for the Club and agreeing to these terms and conditions, you acknowledge that where you are a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. You acknowledge that these implied terms and rights and any liability of USM and its Associates flowing from them are expressly excluded, to the extent possible by law, by these terms and conditions. For the avoidance of doubt, this exclusion does not exclude liability for recklessness as defined by any relevant law.

Notwithstanding the above, nothing in these terms and conditions excludes or limits any right, remedy, guarantee, warranty or any other term or condition implied or imposed by the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (including any consumer guarantee) or any relevant State or Territory law which cannot be lawfully excluded or limited. For any liability which cannot lawfully be excluded but can be limited under the Australian Consumer Law, USM’s liability is limited to the maximum extent permitted by law.

RELEASE (ALL PARTICIPANTS):

• Without limiting the above, and to the extent allowed by applicable law, I accept all risks flowing from my participation in the Club that could result in my (or my Minor’s) injury and/or death. I release JORG, USM, each of their related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) and all of their directors, employees, agents, contractors or any other person or organisation, which is directly or indirectly involved with promoting, running or controlling the Club (collectively, the “Associates”) from any related claims to the extent permitted by law.
• I acknowledge that participation in the Club will be undertaken with other athletes participating at the same time and USM, JORG and all of their Associates are not liable for the actions of other participating athletes in the Club.

CONSENTS AND PRIVACY:
By registering for the Club and agreeing to these terms and conditions, I consent to the collection, storage and exchange of my personal information (as that term is defined in the Privacy Act 1988 (Cth)) by USM. Such collection, storage and exchange will be handled at all times by USM in accordance with the IRONMAN Australia Event Privacy Policy available via (https://www.ironman.com/privacy-policy-australia).
By registering for the Club, a free service, I agree that USM may use my email address for the purpose of subscription to selected USM related marketing and promotional materials. I may opt-out of these marketing and promotional emails at any time.

I have carefully read, understand and agree to voluntarily participate in the Club and agree to these terms and conditions.
By registering for the Club by entering my name and email address via the link below, I acknowledge that these terms and conditions are legally binding upon me (and, if I am the Minor’s legal guardian, the Minor) and my executors, administrators and other personal representatives and I will be bound by the terms and conditions.

REGISTER HERE