Please read the waiver below carefully before accepting or signing acknowledgement and release from liability and potential claims based upon negligence and/or reckless misconduct; before continuing with your on-line entry.
1. I have read and understood the event safety, race rules and fair play information (available on the website www.xrace.com.au ) and I agree to abide by these, the decisions and instructions of the event officials, the event organiser and race director and any laws of the land, regulations and other requirements applicable to the event. I understand that my entry may be void and/or I may be disqualified from the event, if through my actions or inactions, or behavior, in the opinion of the race organiser, I break any of the rules or I bring the event into disrepute. I further understand the organiser reserves the right to reject an entry without justification for their actions.
2. I certify I am physically fit, have trained sufficiently for participation in this event and have not been advised otherwise by a qualified medical professional or trainer. I do not believe that my health or safety, or that of fellow participants, support crew, officials, spectators, land and property owners or members of the public will be put at risk by my participation in this event.
3. I understand that the event taking place involves a variety of challenges. I am aware they each carry some degree of risk and are potentially dangerous activities capable of injury or death as a result of participation. I agree that my participation in this event is entirely and knowingly at my own personal risk and I am solely responsible for my own safety and property, including the cost of any services required in recovery of myself or my property as a result of an incident. I am aware the hazards include, but are not limited to, the condition of what I wear, actions or inactions of myself, other competitors, spectators, the organiser and officials, land and property owners, members of the public, weather conditions, water temperament , air & water temperature, and all natural or man-made features encountered on the course.
4. I acknowledge that safety precautions undertaken by organisers (such as on the course officials, & briefing) are a service to me and other competitors but are not a guarantee of safety.
5. I accept that I have an important responsibility to carefully read and listen to all safety information and to immediately seek clarification on anything which is not entirely clear to me.
6. I hereby give consent to receive medical treatment which may be deemed necessary in the event of injury, accident and/or illness during the event.
7. The organiser reserves the right to delay the event; alter the any advertised venue, course, challenges or start time of the event due to circumstances beyond the control of the event directors. If this occurs, I consent to the changes and I agree that each and every one of the conditions herein set out shall apply to that changed event.
8. I have read the information concerning withdrawal, cancellation of the event, and refunds of entry fees and agree to all conditions set forth in the event information. If the event is rescheduled or cancelled due to extreme weather, natural disaster or any other condition beyond the control of the organiser, I understand that my entry fee will not be refunded.
9. I hereby take action for myself, my supporters, my executers, administrators, heirs, next of kin, successors, signatories and assigns as follows:
a). Waive, release and discharge from any and all liability for death, disability, personal injury, property damage, property theft, property loss, and all other foreseeable risk or claims or actions of any kind (including negligence and/or recklessness) whatever and however occurring which I at any time had or have as a result of or in connection with, directly or indirectly, my participation in and my travelling to and from this event the following person or entitles : Brand New Day Ltd and its directors; land and property managers and/or owners; event sponsors; volunteers; event director and organisers; city or district council; or other areas of whatever nature in which the event may be staged, its representatives, respective officers, directors, employees, independent contractors, agents, and volunteers.
b). Indemnify and hold harmless the persons or entities mentioned in paragraph 9(a) above from any and all liabilities, claims or actions (including negligence and/or recklessness) whatever or however caused, arising as a result of or in connection with, directly or indirectly, my participation in and travelling to and from this event.
c). If for any reason Brand New Day Ltd and/or its directors are liable to the entrant in contract, tort or otherwise, the combined maximum liability of Brand New Day Ltd shall be to a sum equal to twice the entry fee paid by the entrant for this event.
10. I agree to my name and contact details being included on the event database of my chosen event(s). These maybe used for promotional purposes by event stakeholders. I may unsubscribe from this at any time.
11. I understand that the official event registration, briefing, start and finish, plus prize giving will be held at both private venues and public sites and I must respect land/property owner’s and the public’s rights.
12. I understand that during the event or related activities I may be photographed, filmed or interviewed. I agree to allow my name, email, picture and voice likeness in print, electronic mail and media, photography, video/DVD, film and radio, to be used in any format required for any legitimate purpose, including but not limited to, the promotion of future events, and other products and services by Brand New Day Ltd, the event sponsors and /or assignees, at no cost.
13. I understand that I have the right under the Privacy Act 1993 to access and correct any info held about me.
14. I accept the return of the timing transponder is my responsibility. If I fail to return the timing transponder, I agree to pay NZD$20 to Brand New Day Ltd.
15. I hereby declare that all information given on the entry form is true and correct.
16. I hereby certify that I am 18 years of age or older (see below for younger competitors).
17. If I am under the age of 18 years I will have these waiver terms and conditions viewed and agreed to by my caregiver or legal guardian (through the on-line entry process) which will in effect give consent for me to participate in the event. Adult guidance is required.
18. I confirm that, by being the adult in the team, I have read and explained the Terms and Conditions of this Waiver to each member of my team and he/she has therefore understood and accepted the terms and conditions and waiver. I am authorised by each of the members of my team to confirm these matters to the race organiser.
19. I have read and understand the contents of this document.
Entry Indemnity Copyright to Brand New Day Limited