Terms & Conditions
Long Walk Home 2020
Participant Terms and Conditions
Organisers: refers to The Wayside Chapel and Foundation
ACL: means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Event: means The Long Walk Home, a 28km walk that is to be completed by participants at their own pace and location of their choosing, over the course of one week from Monday 26 October – Sunday 1 November, to raise funds to provide essential support for people experiencing homelessness.
Loss: means any injury, damage (including direct, indirect, incidental, special and/or consequential), death, lost property, stolen property, disposed property, or other loss (economic and non-economic), whether or not direct, indirect, actual or contingent, including expenses on a solicitor and own client basis.
Recordings: means any photograph, film, record and/or other media used to capture the name, image, voice, written statement, photograph and/or visual likeness of the Participant.
Related Bodies Corporate: has the same meaning as in section 50 of the Corporations Act 2001
Related Party: means an estate, heir, assign, beneficiary or anyone else acting on behalf of the Participant.
Released Parties: means the Organisers and their Related Bodies Corporate, directors, officers, employees, contractors, agents, volunteers and advisors.
Release and Indemnity: A “release” is a discharge of obligations. An “indemnity” is an undertaking or a legally binding promise whereby one party agrees to accept the risk of loss or damage the other party may incur as a result of a transaction or event occurring. Indemnity is a type of security for financial loss or damage.
Waiver: The renunciation, repudiation, abandonment, or surrender of some claim, right, or privilege.
I acknowledge for myself and / or on behalf of the participant for whom I am the parent or legal guardian, if applicable (Participant, I, me or my), acknowledge and agree that:
1. The Event and any associated training including training walk(s) organised by the Organisers may be physically demanding and involves certain inherent risks from various causes over which the Organisers have no control, including walking on roads in the natural environment and under prevailing weather conditions, which can cause injury, damage, death or other loss to Participants or others.
2. I am voluntarily entering as a participant in the Event and assume all of the risks (both known and unknown) of participating in the Event and full responsibility for myself for any Loss suffered by me resulting from those risks.
3. To the extent allowed by applicable law, I hereby waive, release and forever discharge the Released Parties with respect to any and all claims for any Loss which I may incur.
4. By signing this form, to the extent permitted by law, I further release and waive the liability of the Released Parties in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL)), any consumer guarantees under the ACL, and dangerous recreational activity (as that term is defined in the Civil Liability Act 2002 (NSW), Civil Liability Act 2003 (Qld) and the Civil Liability Act 2002 (WA)).
5. I will follow all directions given to me by the employees, contractors, agents, volunteers and other representatives of the Organisers,
6. It is my responsibility, in conjunction with my healthcare providers, to determine whether I am sufficiently fit and healthy to safely participate in the Event, and I hereby represent and warrant that
(i) I am 18 years of age or older and legally competent to sign this form and, if applicable, that I am the parent or legal guardian of the participant,
(ii) I am or will be sufficiently fit and physically trained to participate in the Event,
(iii) I have not been advised against participation in the Event by any healthcare provider,
(iv) I have no physical or medical condition that would endanger myself or others if I participate in the Event, or would interfere with my ability to safely participate in the Event, and
(v) I have sufficient competence, knowledge, common sense, experience, survival skills and will use sufficient and appropriate equipment to participate in the Event in a manner which will be safe to myself and others.
7. I consent to the collection and storage of my personal information as part of the registration process for this Event and to this information being made available to the Organisers, any medical personnel or healthcare providers, and their respective employees, contractors, agents and volunteers.
8. I authorise the Organisers’ employees, contractors, agents and volunteers, as well as any medical personnel or healthcare providers, to obtain or provide medical care for me, to transport me to a medical facility and to provide any treatment they consider necessary for my health. I agree to pay all costs associated with that care and transportation.
9. The Organisers reserve the right, in their sole discretion, to issue special entries or to deny, revoke, disqualify or dismiss any Participant from participating in the Event at any time. I agree that if I am unable to participate in the Event for any reason, there shall be no refund of fundraising and the Organisers will not be liable for any other costs or expenses incurred as a result of my inability to participate in the Event.
10. I grant the Organisers the right, for free, to make Recordings, with the right to sublicense, during the Event or otherwise, for use for any purpose and in any media throughout the world in perpetuity. I understand that all ownership and copyright rights in the Recordings will be owned by the Organisers and I hereby waive any moral, inspection or approval rights which I may have in respect of the Recordings. My story / testimonial is to the best of my knowledge true and factual and I consent for the event sponsors providing, on a confidential basis, information about my story / testimonial to any regulatory authority which requests to review any video content and / or requests information about my story / testimonial to verify its accuracy. I hereby release and discharge and its agents, representatives, licensees and assignees from all claims and demands arising out of, or in connection with the use of the Recordings, and the use of my image and likeness, including all claims for invasion of privacy, right of publicity and defamation.
11. I have reviewed all materials received and accurately completed and agreed to the registration information, documents and processes, including the Long Walk Home Instructions and Frequently Asked Questions that were made available to me via email, event website or via registration process.
12. This document is governed by the laws of the state of New South Wales and I submit to the non- exclusive jurisdiction of that state.