Participant Consent & Waiver Form – Terms and Conditions
Canungra Combat Challenge 2024
The following Terms & Conditions apply to any person who submits an application to participate in the Canungra Combat Challenge 2024.
Recitals
A. Event organiser and beneficiary is The Legacy Club of Brisbane Limited (ABN 51 157 944 951) 41 Merivale St, South Brisbane QLD 4101 (“Legacy Brisbane”)
B. Kokoda Barracks, Canungra, QLD 4000 (“Kokoda Barracks”), the venue for the “Canungra Combat Challenge” endurance challenge.
C. “Combat Challenge” means the Canungra Combat Challenge event to be held on Saturday, 15 June 2024 at Kokoda Barracks, Canungra to raise money for programs run by Legacy Brisbane to support the families of our fallen or injured veterans.
D. “Claims” means any and all actions, claims, liabilities, demands, suits, causes of action, potential causes of action, legal proceedings, applications, damages, debts, costs, losses, verdicts and judgments whatsoever whether at law or in equity or under any statute, whether known or unknown and whether present, future or contingent relating to, arising out of or in any way connected with the Combat Challenge.
E. “Releasees” means Legacy Brisbane and its associated entities, employees, agents, contractors and volunteers 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 Combat Challenge and the owners, occupiers and lessees of any premises used for the Combat Challenge and their respective directors, servants, contractors, employees, volunteers and agents.
IT IS AGREED
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 COMBAT CHALLENGE 2024.
1. Participant details
I,_____________________________________________________
A. Voluntarily wish to participate in the Combat Challenge;
B. Accept that:
a. The Combat Challenge will take place at an army training facility which is designed to test a person’s capabilities;
b. There are inherent risks associated with the Combat Challenge, including but not limited to risks to personal health and safety including injury or death;
c. My participation in the Combat Challenge is at my own risk and I will not hold Legacy Brisbane and/or the Releasees for any liability whether caused by negligence or otherwise.
2. Acknowledgement and Certifications
1. I acknowledge that the Combat Challenge is a dangerous recreational activity.
2. I am aware I need to be personally fit and healthy strong before I attempt the Combat Challenge.
3. If on the date of the Combat Challenge I am suffering from any personal illness or injury, I will not participate in the Combat Challenge unless cleared to do so by a qualified medical practitioner.
4. If in the 7 days leading up to and/or on the day of the Combat Challenge I have experienced any of the following symptoms I will not attend or participate in the Combat Challenge:
• Fever or chills
• Cough
• Sore throat
• Runny nose
• Shortness of breath
• Body aches
• Loss of taste or smell
• Fatigue/muscle aches
• Diarrhoea
8. I am aware that a good level of fitness is required to safely attempt the Combat Challenge and certify that I am physically fit and there are no health related reasons or problems which preclude my safe participation in the Combat Challenge.
9. I warrant that I am, and will be on the date of the Combat Challenge, in good health and condition, physically and mentally capable of safely participating in the Combat Challenge (otherwise I agree I will not participate).
10. I accept all risks associated with my participation in the Combat Challenge including but not limited to any risks that might arise from negligence or carelessness on the part of the persons and/or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by the releases or because of their possible liability without fault.
11. I acknowledge that participation in the Combat Challenge includes possible exposure to, and illness from, infectious diseases including but not limited to COVID-19. Whilst particular rules and following required protocols may reduce this risk, I understand that the risk of illness and death from infectious disease does exist.
12. I am aware that I and any personal property I bring to the Combat Challenge, is not covered by Legacy Brisbane’s insurance and is at my risk.
13. I warrant that I am, and will be on the date of the Combat Challenge 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 safely participate in the Combat Challenge and 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 Combat Challenge or which may affect or interfere with my ability to engage safely in the Combat Challenge (otherwise I agree I will not participate).
14. I certify that I have no known or knowable physical or mental health issues that would affect my ability to safely participate in the Combat Challenge, or that would result in my participation creating a risk of danger to myself or to others or that would expose me to the risk of aggravating a pre-existing injury or illness.
15. I certify that the information I provide is true and correct.
16. I acknowledge that Legacy Brisbane recommends and encourages each participant to obtain medical clearance from a suitably qualified medical practitioner prior to participation.
17. I warrant that I have not been advised, recommended or cautioned by a medical practitioner, nurse, physiotherapist, occupational or other therapist that I should not participate in the Combat Challenge or any other physical activity.
18. I accept that before, during and after the Combat Challenge, I am responsible for my own health and safety and I will not do anything that will put at risk the health or safety of me or any other person.
19. I agree to adhere to all rules and conditions of the Combat Challenge and will follow the approved course and obey all directions and instructions given by event organisers, Legacy Brisbane, the Releasees or their agents and understand that my failure to do so may result in my removal from the event without refund.
20. I acknowledge and understand that safety precautions undertaken at the Combat Challenge are merely a service to me and are not a guarantee of safety.
21. I warrant that I will advise Legacy Brisbane before I participate in the Combat Challenge of any pre-existing medical conditions that might reasonably be expected to increase my risk of requiring medical attention during or after the Combat Challenge.
22. I understand that it is my responsibility to continuously monitor my own physical and mental health and safety during the Combat Challenge, and I agree to withdraw immediately and to notify appropriate personnel if at any point my continued participation would create a risk of harm to me or to others.
23. In the event of an injury to me that renders me unconscious or incapable of making a medical decision or in the case of an emergency, I authorise appropriate Legacy Brisbane and/or Kokoda Barracks personnel and emergency medical personnel at the Combat Challenge to make emergency medical decisions on my behalf (including, but not limited to CPR and AED).
24. I authorise Legacy Brisbane and/or Kokoda Barracks personnel and emergency medical personnel at the Combat Challenge to secure emergency medical care or transportation when deemed necessary.
25. I agree to take full responsibility and assume liability for any and all costs incurred as a result of my participation in the Combat Challenge, including for any medical attention I may need during or after it.
26. I acknowledge that I will also be asked to sign a Waiver and Release of Liability to on the day of the Combat Challenge, which I agree to do.
3. Waiver of Liability and Indemnification
1. In consideration of Legacy Brisbane accepting my entry into the Combat Challenge, to the maximum extent permitted by law I unconditionally and 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 or relating to my participation in the Combat Challenge, howsoever arising, including as a result of any breach of contract and/or negligence by the Releasees.
2. To the maximum extent permitted by law, I indemnify and hold harmless the Releasees against any Claim, loss or damage suffered by them as a result of or relating to any Claim made by or against me during or after the Combat Challenge howsoever arising, including as a result of any act, neglect or default caused or contributed by me during the Combat Challenge.
3. This release, waiver and indemnity will continue forever and bind my heirs, executors and personal representatives.
4. Nothing in this document prevents Legacy Brisbane and/or the Releasees from relying on any laws that limit or preclude their liability.
5. I acknowledge and agree that participation in the Combat Challenge is a dangerous recreational activity.
6. I acknowledge and agree 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.
4. Media and Photography
1. I grant to Legacy Brisbane 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 Combat Challenge for any purpose whatsoever without compensation.
2. I acknowledge my personal information, including photos, is collected, held and used by Legacy Brisbane for event coordination and administration purposes, Legacy Brisbane event marketing and Legacy Brisbane fundraising activities: see our privacy policy at: https://www.legacy.com.au/wp-content/uploads/2020/10/2020-Legacy-Brisbane-Privacy-Statement.pdf
5. Communication
1. I understand that my email address will be used for registration confirmation and updates about the Combat Challenge as well as support to help me reach my fundraising and training goals. From time to time Legacy Brisbane may also send me information on other events and fundraising activities that may be of interest. I consent to the use of my personal information for the purposes contemplated in these Terms and Conditions.
2. I am aware if I do not want to receive further communication from Legacy Brisbane (other than information that relates to this Combat Challenge) I can contact the Legacy Brisbane team via fundraising@legacybrisbane.org.au or by calling 07 3029 5600.
3. I am aware if I have any questions about privacy, including updating and/or changing my personal information or obtaining a copy of the Legacy Brisbane Privacy Policy I can contact the Legacy Brisbane team via fundraising@legacybrisbane.org.au or by calling 07 3029 5600.
6. Fundraising
1. I understand that to participate in the Combat Challenge my team and I must attempt to fundraise $2,000.00 fundraising minimum per team by event day.
7. Condition of entry and right to refuse application
1. I acknowledge that I may be required to pass event security and may be denied access should I refuse to comply with event security and/or do not pass security and will not be entitled to a refund of my application fee.
2. I acknowledge that the Legacy Brisbane reserves the right to refuse my application to register. Should my application be refused my full registration fee will be refunded to me.
10. Refunds
1. I undertake to notify Legacy Brisbane of my inability to participate in the Combat Challenge at the earliest possible opportunity. I understand that, once accepted, my application to participate and my application fee cannot be transferred to another person.
2. I acknowledge that this is a charity event and I will not be entitled to any refund of my application fee if I withdraw, instead I authorise and agree to my application fee being transferred to a tax deductible donation to Legacy Brisbane on my behalf.
11. Cancellations
1. I acknowledge that Legacy Brisbane reserves the right to cancel or postpone the Combat Challenge in the event of unforeseen circumstances. In the event of a cancellation or postponement I acknowledge that Legacy Brisbane will use reasonable efforts to minimise the cost to me, but I acknowledge that my entry fee and other costs will not be refunded.
12. Majority Age
1. I affirm that I am 18 years of age (or will be at the time of the Combat Challenge) or older and have read and understood what is expected of me and I agree to adhere to the direction of Legacy Brisbane and/or Kokoda Barracks personnel at all times. If I am under the age of 18 I understand that I will not be allowed to participate.
13. Acknowledgement of Understanding
1. 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.
2. 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.
DECLARATION AND AGREEMENT
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.
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