By clicking the “Agree” button You warrant and represent to Urban
Quest that:
–
You are
eligible to apply for participation in the Event;
–
You have read
and understood and agree to be bound by the Waiver (as defined
below); and
–
You
acknowledge and agree that if You are accepted to participate in the
Event, You must comply with the Waiver (as defined below).
NOTE:
Competitors under the age of 18 years can only participate where a
parent or guardian accepts the Consent (as defined below)
1
Definitions
1.1
“Associates” means Urban Quest and its respective directors,
employees, agents, contractors, and volunteers, including any medical
personnel appointed for the Event, the owners, licensees and
occupiers of land upon which the Event or any part of it is
conducted, any statutory body or local authority having control over
any land upon which the Event or any part of it is conducted, Event
sponsors, or any other person or organisation, which is directly or
indirectly involved with the promoting, staging, administering,
running or controlling of Event.
1.2
“Claims” means and includes any action, suit, proceeding, claim,
demand, damage, penalty, cost or expense however arising including
but not limited to negligence.
1.3
“Consent” means the form provided in the online entry system for
parent or guardian acceptance and acknowledgement of the Waiver.
1.4
“Eligibility Requirements” means the requirements that must be
satisfied for You to enter and participate in the Event, details of
which are provided in paragraph 2 of the Waiver.
1.5
“Event” means any Urban Quest event You are participating in.
1.6
“Urban Quest” means Urban
Quest Pty Ltd ACN
604 274 099 as trustee for the Urban Quest Trust, our
subsidiaries and authorised representatives. All references to
“We”, “Us” or “Our” are references to Urban
Quest Pty Ltd.
1.7
“Waiver” means these terms and conditions and the warning note
provided in accordance with the Competition and Consumer Act 2010 Cth
and the relevant state legislation allowing recreational service
providers to limit their liability to You and where the context
allows, any policies and rules applicable to the Event including
those stipulated in the Event Details on Our website
(urbanquest.com.au).
1.8
“You” means the person named on the Event application being the
applicant and where accepted by Urban Quest, becoming a competitor in
the Event. Where You are under 18 years of age, You also refer
to the consenting parent or guardian who completes or provides the
Consent.
2
Eligibility to participate
2.1
If You are under 18 years of age on the date of the Event, a parent
or guardian must sign the Parent’s Consent Form.
Where no consent is provided, You warrant that You are 18 years of
age or older on the date of the Event.
2.2
You must be medically and physically fit and able to participate in
the Event. You acknowledge that You do not have any impairment
whether physical, intellectual or otherwise that could cause danger
to yourself or others in participating in the Event.
2.3
You must be of sound mind and body and not under the
influence of alcohol or any illicit or prescription drug or
medication which may in any way impair Your ability to enter into
this agreement, fully understand the respective intent and meaning of
all of the terms and provisions hereof and to participate in the
Event.
2.4
You are entering into this waiver and release agreement
voluntarily, by Your own free will, act and deed, without any undue
influence from the organizers or any other third party.
2.5
You release Urban Quest from any obligation to conduct
enquiries in respect of Your fitness or suitability for participation
in the Event and acknowledge being informed by Urban Quest, its
agents, employees, volunteers, contractors, affiliates or promoters
that the Event may involve physical and sporting activities.
2.6
If You are unsure
about your medical and physical fitness to participate in this Event
You must seek advice from a medical practitioner before attending the
Event.
3
Refusal of applications
3.1
Urban Quest reserves the right to refuse anyone entry into the
Event for any reason, including where an applicant does not meet the
Eligibility Requirements;
3.2
Urban Quest accepts no liability for any late, lost or misdirected
entries due to technical disruptions, network connections or any
other reason outside the control of Urban Quest.
4
Your obligations.
4.1
If Your entry to participate in the Event is accepted You will be
permitted to participate in the Event on the condition that You
comply with the Waiver and any reasonable direction issued by the
Event organisers or their representatives.
4.2
You must immediately notify Urban Quest in writing of any change to
Your fitness and ability to participate in the Event. Where You do
not provide any written notice to Urban Quest, Urban Quest will rely
upon this as evidence of Your fitness and ability to participate.
4.3
In entering to participate in this Event You consent to receive any
medical treatment that the Event organisers or their authorised
representatives (including emergency services providers) consider
reasonably necessary or desirable during or shortly after the Event.
You must reimburse Urban Quest for any costs or expenses incurred in
association with providing You with medical treatment.
4.4
You must pay the fees due at the time of making a booking. No
applications will be accepted or considered unless and until all fees
have been received by Urban Quest.
4.5
You acknowledge that alcohol may be served at, during or after the
Event. If You are under 18 years of age You must not consume
any alcohol at, during or after the Event. If You breach this
condition You may be removed from the Event immediately by Urban
Quest.
4.6
You
acknowledge being informed that Urban Quest does not have authority
to permit You to access public or private lands, premises, paths or
roads in participating in the Event and nothing in this Waiver
constitutes an implied warranty or representation of any
such authority. You further acknowledge and agree that in entering
into or accessing public or private lands, premises, paths or roads:
4.6.1
You do so at Your own risk at all times; and
4.6.2
You must comply with all laws and regulations at all times; and
4.6.3
without limiting the generality of Condition 6 You indemnify and
shall keep indemnified Urban Quest from and against all liability
arising out of or in relation to Your crossing or entering upon such
public or private lands, premises, paths or roads, including but not
limited to liability for injury, loss and damage to persons or
property.
4.7
You acknowledge and agree that Urban Quest has the right to
determine set and propound rules in connection with the Event as it
considers in its absolute discretion necessary, including the right
to disqualify You or otherwise remove You from participating in the
Event, in which event You acknowledge that You will not be entitled
to a refund of any monies paid by You in connection with the Event.
4.8
You acknowledge that Urban Quest makes no promises representations or
warranties about:
4.8.1
the offering of any prizes, gifts or awards to participants of the
Event;
4.8.2
the quality, likeability, suitability or fitness for the purpose of
any prizes, gifts or awards, and You further acknowledge and agree
that in participating in the Event You have no expectation that You
will receive a prize gift or award.
4.9
You agree to comply with the
Urban Quest Rules and Regulations in participating in the Event.
4.10
You acknowledge that Urban Quest and its affiliates may at their sole discretion and without liability terminate, modify or suspend the
Event in whole or in part without notice and at any time if the conduct poses safety, administration, security concerns or otherwise, if the
Event, as anticipated by this Waiver, is compromised or interfered with, and without limiting the generality of
Condition 6 You indemnify and shall keep indemnified Urban Quest against all liability arising out of or in relation to any such termination, modification or suspension of the Event, including but not limited to liability for injury loss and damage.
4.11
You acknowledge that Urban Quest does not warrant or represent that access to or participation in the Event will be uninterrupted or error-free.
5. Risks,
liability and indemnity
5.1
You acknowledge that participation in the Event can be inherently
dangerous and that You may be exposed to certain risks during the
Event including, but not limited to, overexertion, dehydration,
serious accidents, exposure to a range of potential hazards
associated with the environment where the course is set up and adverse weather conditions.
These risks may result in You being
personally injured or killed or Your property being damaged or the
event being cancelled. By entering into or participating in the
Event You agree that:
5.1.1
You have read and understood the risks associated with participating
in the Event and this warning, and accept and assume the inherent
risks in participating in the Event.
5.1.2
You are fully responsible for the security of Your personal
possessions at the Event including other valuable items. You agree
that Urban Quest is not responsible or liable for the repair or
replacement of any personal possessions whether lost, damaged, stolen
or otherwise.
5.1.3
You acknowledge that where You are a consumer of recreational
services, as defined by the Competition and Consumer Act 2010 (Cth)
or any relevant state law, certain terms and rights usually implied
in a contract for the supply of goods or services may be excluded.
You acknowledge that these implied terms and rights and any liability
of Urban Quest flowing from them, are expressly excluded to the
extent permitted by law. To the extent of any liability
arising, the liability of Urban Quest will, at its discretion, be
limited in the case of goods, to the replacement, repair or payment
of the cost of replacing the goods and in the case of services, the
entry fee relating to the Event.
6
Release and indemnity
In
consideration of Urban Quest accepting Your entry to the Event, You,
on behalf of yourself, Your heirs, executors and administrators, to
the extent permitted by law:
6.1
release Urban Quest and the Associates from all Claims that You have
or may have had but for this release arising from or in connection
with Your participation in the Event; and
6.2
indemnify Urban Quest and the Associates and will keep Urban Quest
and the Associates indemnified in respect of any Claim including for
negligence, breach of contract or breach of Statute by any person
including another participant in the Event arising as a result of, in
connection with, or in relation to Your participation in the Event or
arising as a result of You transferring Your entry in the Event to
another person or arising from You permitting another person to
participate in the Event in Your stead. This indemnity may be pleaded
as a bar to any Claims. The releases and indemnities in the Waiver
continue forever and bind You, Your heirs, executors, personal
representatives and assigns.
6.3
A term of this clause 6 will not apply where the term contravenes the
law of the relevant jurisdiction under which any legal action is
legitimately taken however such terms are severable and do not
invalidate the remaining terms.
7
Insurance
You
acknowledge and agree that insurance is in place that may provide
limited cover to You whilst participating in the Event. You
understand that this insurance may not cover You for all injury, loss
or damage sustained by You in participating in the Event and You
acknowledge that Urban Quest does not make any representations about
the suitability of the insurance. You also agree that You can, in
Your own interests and at Your own expense, seek and obtain personal
insurance over and above the cover provided by Urban Quest.
8
Fees
8.1
You must pay all the fees due, including any amounts payable for
additional optional services such as additional merchandise,
charitable donations and other options You nominated at the time of
entry into the Event.
8.2
You acknowledge that Urban Quest uses a third party payment
facilitators, Stripe Payments Australia Pty Ltd (ABN 66 160 180 343) (‘Stripe’), PayPal Australia Pty Limited (ABN 93 111 195 389)
(‘Paypal’) and Web
Active Corporation Pty Ltd (ABN
32 086 209 403)
(‘eWay’), and payments by any credit card will incur a surcharge of 3%.
9
Refunds
9.1
You accept that there is no refund or exchange on Your entry fees except as required by law and as otherwise specified by Urban Quest in this Waiver.
9.1.1
If Urban Quest cancels the Event for any reason (including but not limited to extreme weather or other dangerous conditions), then Urban Quest will make every effort to ensure You receive a prompt refund or exchange if applicable in accordance with Australian Consumer Law.
9.2
Competitors unable to compete in the Event for any reason (except
disqualification) are entitled to keep any event garment, show bag or
gift bag as relevant if already received from Urban Quest, but there
will be no refunds for Your entry fees unless You are entitled to a
refund under 9.1 and have complied with all of Your obligations under
the Waiver.
9.3
There will be no refunds for any other items purchased at the time of
booking, such as charitable donations.
9.4
You acknowledge and agree that due to the nature of this event and
the element of “luck” in the prevailing conditions, Your
entry and participation in the Event may be affected by matters
outside of the control of Urban Quest, including but not limited to
the weather, safety and associated conditions. You accept that
in such circumstances Urban Quest has the right to alter the format
of, shorten, or cancel the Event in the interest of competitor
safety. Urban Quest will use all reasonable efforts to conduct
the Event in the planned format if safe to do so. Should any reason
outside the control of Urban Quest, including without limitation
weather or other dangerous conditions, war, strike or any other act
of god force any change, You accept that Urban Quest is not obliged
to provide You with any refund, credit, transfer to another Urban
Quest event or to restage the Event.
10
Transfers and resale
10.1
Entries are non-transferable to other events unless negotiated and
agreed with Urban Quest representatives 10 days before the Event. No
transfers will be granted within 2 days of the Event.
10.2
Any attempt to transfer Your entry to another person without the
knowledge of Urban Quest may result in the cancellation of Your entry
without refund and You may be prohibited from participating in other
Urban Quest events.
10.3
You must not offer Your (or any other person's) Entry for sale through
any medium, including auctions (on eBay or any other auctioning or
similar means). All individuals involved in such conduct will
be disqualified from the Event.
11
Privacy
11.1
Urban Quest has a privacy policy and the information that You provide
with this application is necessary for the conduct of the Event.
You acknowledge and agree that the information provided will be used
by Urban Quest to facilitate the administration of the Event and for
future marketing and promotional purposes relating to Urban Quest
events. Urban Quest may disclose your personal information to third
parties involved in the Event.
11.2
You acknowledge that this web page and any information provided or disseminated in connection with the Event is Urban Quest’s absolute intellectual property and is owned by Urban Quest and/or its licensors. You further acknowledge that You are not granted any right or interest in any such intellectual property except as stated in these Terms and Conditions.
11.3
You acknowledge that You must not transmit, reproduce or
store in any retrieval system (with the exception of browser caching)
this web page or any information provided or disseminated in
connection with the Event in any form or by any means, electronic,
mechanical, photocopying, recording or otherwise unless You receive
express written permission from Urban Quest.
11.2
You understand that You will be able to access Your information
through Urban Quest via its website.
11.3
If the information is not provided Your entry may be rejected.
11.4
You warrant that the information You provide in Your application is
correct. If You provide incorrect information, Urban Quest may
disqualify You from the Event and You may be ineligible to
participate in future Urban Quest events.
11.5
You consent to the Event organisers using Your name, image, likeness,
voice, statement and also Your performance in the Event (including
the publication of Your name and/or Event result and applicable age
bracket on Urban Quest’s website), at any time, to promote the
Event or any future similar events by any form of media.
11.6
You consent to receive electronic newsletter material from the
Event organisers or their authorised representatives prior to and
after the Event. Unless You have nominated otherwise, You
acknowledge and agree that Your information may also be used for
marketing purposes by a third party or the Event sponsor.
12
Governing laws
Your
participation in the Event or Series is governed by the laws of the
state of Victoria, Australia or as otherwise agreed by the parties.
13
Amendment
You
agree and accept that Urban Quest may vary the Waiver without prior
notice to You provided the change is not material to Your
participation in the Event. .
14 Severance
If
any term or condition (in whole or in part) is illegal or
unenforceable, that term or condition (or part) is to be severed from
the Waiver to the extent that it is illegal or unenforceable.
Any remaining part of a term or condition remains valid and continues to
operate to its full force and effect.
15
You acknowledge receipt of and agree to the following
notification:
Warning
under the Australian Consumer Law and Fair Trading Act 2012
Under
the Australian Consumer Law (Victoria), several statutory guarantees
apply to the supply of certain goods and services. These
guarantees mean that Urban Quest and its Associates (both as defined
in the Terms and Conditions below) are required to ensure that the
recreational services it supplies to You:
(a)
are rendered with due care and skill; and
(b)
are reasonably fit for any purpose which You, either expressly or by
implication, make known to Urban Quest; and
(c)
might reasonably be expected to achieve any result You have made
known to Urban Quest.
Under
section 22 of the Australian
Consumer Law and Fair Trading Act 2012,
Urban Quest is entitled to ask You to agree that these statutory
guarantees do not apply to You. If you accept and agree to the
Terms and Conditions, you will be agreeing that Your rights to sue
Urban Quest under the Australian
Consumer Law and Fair Trading Act 2012 if
You are killed or injured because the services provided were not in
accordance with these guarantees, are excluded, restricted or
modified in the way set out in the Terms and Conditions.
NOTE:
The change to Your rights, as set out in the Terms and Conditions,
does not apply if Your death or injury is due to gross negligence on
Urban Quest’s part. “Gross” negligence,
in relation to an act or omission, means doing the act or omitting to
do an act with reckless disregard, with or without consciousness, for
the consequences of the act or omission. See regulation 5 of the
Australian Consumer Law and Fair Trading Regulations 2012 and section
22(3)(b) of the Australian
Consumer Law and Fair Trading Act 2012.