Climb for Cancer Stair Climb 2019 Participant Waiver
The following Terms & Conditions apply to any person who has submitted an application for the Climb for Cancer - Stair Climb 2019.
A. Mater Hospitals Appeal Ltd as trustee for Mater Foundation (ABN 96 723 184 640) 620 Stanley St, Woolloongabba QLD 4102 (“Mater Foundation”).
B. Waterfront Place, 1 Eagle St, Brisbane QLD 4000 (“Waterfront Place”), the venue for the “Climb for Cancer“ Stair Climb.
C. “Stair Climb" means the Climb for Cancer event to be held on Sunday 9 June 2019 to raise money for cancer research and any scheduled training sessions run by Mater Foundation.
D. “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 the Stair Climb.
E. “Releasees” means the Foundation and any promoters, organisers, participants, sanctioning organizations, officials, rescue personnel, sponsors, advertisers, event inspectors, underwriters, consultants and any others who give recommendations or engage in risk evaluation regarding the Stair Climb and the owners, occupiers and lessees of any premises used for the Stair Climb and their respective directors, servants, employees and agents.
SUBMISSION OF THIS FORM OR YOUR ACCEPTANCE OF THESE TERMS ELECTRONICALLY IS YOUR ACKNOWLEDGEMENT OF THE ACCEPTANCE OF THE TERMS & CONDITIONS OF PARTICIPATION IN THE STAIR CLIMB 2019.
1. Participant details
I wish to participate in the Stair Climb 2019 and understand that participation has inherent risks, including but not limited to risks to personal heath arising from the physical nature of the stair climb.
2. Acknowledgement and Certifications
- I am aware of the fitness level required to undertake the Stair Climb and certify that I am physically capable of participating in the Stair Climb and accept all risks associated with my participation in it.
- I am aware that as a participant of the Event, I and my possessions, are not covered by Mater Foundation’s insurance.
- I warrant that I am in a good state of health, that I am not receiving any medication or taking any substance which may affect or interfere with my ability to engage in the Stair Climb and, other than as set out below, that I am free from any injury, medical condition (including but not limited to pregnancy, heart condition or seizures), disability, disease or illness which may be aggravated by participation in the Stair Climb or which may affect or interfere with my ability to engage in the Stair Climb.
- I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the Stair Climb, or that would result in my participation creating a risk of danger to myself or to others.
- I acknowledge that Mater Foundation recommends and encourages each client to get medical clearance from his/her personal physician prior to participation.
- I assert that I have not been advised or cautioned against participating by a medical practitioner.
- I will advise the Foundation of any pre-existing medical conditions that might reasonably be expected to increase my risk of requiring medical attention during the Stair Climb.
- I understand that it is my responsibility to continuously monitor my own physical and mental condition during the Stair Climb, 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.
- In the event of an injury to me that renders me unconscious or incapable of making a medical decision, I authorise appropriate Waterfront Place and/or Mater Foundation personnel and emergency medical personnel at the Stair Climb to make emergency medical decisions on my behalf (including, but not limited to CPR and AED).
- I authorise to secure emergency medical care or transportation when deemed necessary by Waterfront Place and/or Mater Foundation personnel.
- I agree to take full responsibility and assume liability for any and all costs incurred as a result of my participation in the Stair Climb.
- I agree to notify the Foundation if any statement, acknowledgement or warranty contained in this Waiver changes between my acceptance of these terms and conditions and the Event so that the Foundation may consider whether to allow me to participate.
3. Waiver of Liability and Indemnification
In consideration of Mater Foundation accepting my entry into the Stair Climb, to the maximum extent permitted by law I absolutely release and waive any Claim I might otherwise have against the Releasees in respect of any injury, death, loss or damage I suffer as a result of my participation in the Stair Climb, howsoever arising, including as a result of any breach of contract and/or negligence by the Releasees.
To the maximum extent permitted by law 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 Stair Climb howsoever arising, including as a result of any act, neglect or default caused by me during the Stair Climb.
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 the Stair Climb is a dangerous recreational activity.
4. Media and Photography
I grant to Mater Foundation 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 the Stair Climb for any purpose whatsoever without compensation.
I understand that my email address will be used for registration confirmation and updates about the Stair Climb as well as support to help me reach my fundraising and training goals. From time to time Mater Foundation may also send me information on other events and fundraising activities that may be of interest.
I am aware if I do not want to receive further communication from the Mater Foundation (other than information that relates to this Stair Climb) I can contact the Mater Foundation Supporter Operations team via FundraisingOperations@mater.org.au or by calling 07 3163 5666.
I understand that to participate in the Stair Climb I must raise the $100 fundraising minimum by event day. I acknowledge that Mater Foundation reserves the right to refuse my entry to the Stair Climb should I not reach the fundraising minimum.
7. Overall and Age Place Winners
I understand that male and female overall and place winners (1st, 2nd, 3rd), team overall and place winners (1st, 2nd, 3rd) and an overall corporate challenge winner will be recognised at the Stair Climb. In order to determine team and corporate challenge winners Mater Foundation will calculate the average race time of all team members participating.
I understand that Mater Foundation’s decision is final and no correspondence will be entered into, including in the event of a dispute.
It is the responsibility of the prize winners to read and understand any conditions, restrictions or expiry dates that accompany the vouchers or prizes.
Mater Foundation take no responsibility for lost, misplaced or stolen prizes once they become the property of the prize winners.
9. Right to refuse application
I acknowledge that the Mater Foundation reserves the right to refuse my application to register. Should my application be refused my full registration fee will be refunded to me.
I undertake to notify the Foundation of my inability to participate in the Stair Climb at the earliest possible opportunity. I understand that, once accepted, my application to participate and my application fee cannot be transferred to another person.
I acknowledge that I will not be entitled to any refund of my application fee if I withdraw, instead my application fee will be transferred to a tax deductible donation to Mater Foundation on my behalf.
I acknowledge that the Foundation reserves the right to cancel or postpone the Stair Climb in the event of unforeseen circumstances. In the event of a cancellation or postponement I acknowledge that the Foundation will use reasonable efforts to minimise the cost to me, but I acknowledge that certain costs may not be refunded.
12. Majority Age
I affirm that I am 16 years of age (or will be at the time of the Stair Climb) or older and have read and understood what is expected of me and I agree to adhere to the direction of Mater Foundation and/or Waterfront Place personnel at all times. If I am under the age of 18 I understand that I will not be allowed to participate without the signature of a parent or guardian on the Waiver and Release of Liability to be signed on the day of the Event.
13. Acknowledgement of Understanding
THIS WAIVER AND RELEASE SHALL BE INTERPRETED AND THE RIGHTS OF THE PARTIES DETERMINED UNDER THE LAW OF QUEENSLAND. THE QUEENSLAND COURTS SHALL HAVE EXCLUSIVE JURISDICTION FOR ANY DISPUTE ARISING UNDER, OR PERTAINING TO, THIS WAIVER AND RELEASE.
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.