Terms & Conditions
PARTICIPANT AGREEMENT
It is necessary for each participant involved in a Property Industry Foundation ('the Foundation') event ('the Event') to read and sign this Participant Agreement
If the Participant is a minor (under 18 years of age) this Participant Agreement must also be signed by the minor's parent or legal guardian
Please note that participation in the Event will not be permitted without a signed Participant Agreement.
CONDITIONS OF ENTRY
For all Participants
1. Participants must be 16 years or older.
2. A Participant who is under 18 years of age must walk or ride (if applicable) with their parent or legal
guardian.
3. Participants must:
a. attend the safety briefing relevant to their participation in the Event;
b. abide by all instructions given by the Foundation and
c. ensure at all times to adhere to any traffic and road rules.
4. The Participant is responsible for the security of their own personal possessions (and the personal possessions of the minor they are responsible for) at the Event and, to the extent permitted by law, the Foundation is not responsible for the replacement of any personal possessions.
5. If the Foundation, venue management or security onsite reasonably consider the behaviour of anyone at the Event to be offensive, intimidating or threatening to another person, the Participant will be removed from the Event immediately and no refund will be given.
6. If further action is required because of a Participant's behaviour at the Event, the Event manager will ask security to assist or seek further assistance from law enforcement. All incidents of inappropriate behaviour or disrespectful behaviour will be recorded at the time of incident, and the Foundation will follow up with the Participant and (if applicable) the company involved.
7. The Foundation reserves the right to cancel aspects of, or the entire Event in circumstances that place Participants at risk, such as weather that is likely to create dangerous conditions. No refunds will be made if an Event is cancelled in these circumstances.
For Cyclists only
8. Cyclists must ride with a helmet at all times.
9. It is the cyclist’s responsibility to ensure that their bike is in safe mechanical order prior to riding in the Event.
10. It is the cyclist's responsibility to attend the formal safety briefing prior to the ride start on the day of the Event.
11. The Foundation may exclude a cyclist (or the minor the cyclist is responsible for) from the Event should the cyclist fail to observe the road rules of the State in which the Event is occurring.
12. Important Note: the Foundation has the authority to withdraw cyclists from the Event if their bike or equipment is determined by the Foundation as faulty or unsafe; however, it remains at all times the responsibility of the cyclist to ensure that their equipment is in sound working order.
End Cyclist only section.
For Sailors only
13. It is the sailor’s responsibility to ensure that their boat is in safe mechanical order prior to sailing in the Event.
14. It is the sailor's responsibility to attend the formal safety briefing prior to the start on the day of the Event.
15. Participation in the Event can be dangerous and includes activities which, by their nature are inherently risky and may result in injury, death, or loss or damage to person or property.
16. The Foundation cannot be held liable for any unforeseen mechanical, gear or rigging issues that may occur with the boat being sailed during the Event.
End Sailors only section.
WARNINGS
Victoria
17. Under the Australian Consumer Law and Fair Trading Act 2012 (Vic) (VIC ACL) if you sign this Participant Agreement you will be agreeing that your rights to sue the Foundation in respect of claims for death or personal injury under the VIC ACL are excluded, restricted or modified in the way set out in this Participant Agreement if you are injured because the services provided were not in accordance with the statutory guarantees outlined below.
18. Under the VIC ACL, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the Foundation is required to ensure that the recreational services it supplies to you are:
a. rendered with due care and skill; and
b. reasonably fit for any purpose which you, either expressly or by implication have made known to the Foundation; and
c. might reasonably be expected to achieve any result you have made known to the
Foundation.
19. The exclusion of these statutory guarantees in respect of claims for death or personal injury is brought to your attention by this Participant Agreement.
20. Note: the change to your rights does not apply if your injury results from an act or omission on the Foundation's part done or omitted to be done with reckless disregard, with or without consciousness, for the consequences of the act or omission.
New South Wales
21. Under section 5M(1) of the Civil Liability Act 2002 (NSW) (NSW CLA) a person does not owe a duty of care to another person who engages in a recreational activity to take care in respect of a risk of the activity if the risk was the subject of a risk warning to the person engaging in the recreational activity.
22. For the purposes of section 5M of the NSW CLA, recreational activity includes:
a. Any sport (whether or not the sport is an organised activity); and
b. Any pursuit or activity engaged in for enjoyment, relaxation or leisure; and
c. Any pursuit activity engaging in at a place where people ordinarily engage in sport or in any pursuit.
23. To the extent that the Event provided by the Foundation is a 'recreational activity' or a 'recreation service' (as defined in the NSW CLA), the Foundation excludes all liability that results from a breach of an express or implied warranty that the Event will be rendered with reasonable care and skill and excludes all liability in negligence for harm you suffer as a result of your participation in the Event, in accordance with and to the extent permitted under Division 5 of the NSW CLA.
LIABILITY AND RELEASE
24. To the extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth) (CCA) the Foundation (and any of its directors, officers, employees, volunteers, agents and representatives) excludes all liability in connection with the supply of recreational services to you pursuant to this
Participant Agreement for: :
a. death; or
b. a physical or mental injury (including the aggravation, acceleration or recurrence of such an
injury); or
c. the contraction, aggravation or acceleration of a disease of an individual; or
d. the coming into existence, the aggravation, acceleration or recurrence of any other
condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state
of affairs in relation to the individual:
(i) that is or may be harmful or disadvantageous to the individual or community;
(ii) that may result in harm or disadvantage to the individual or community, resulting
from a failure of the Foundation (or any of its directors, officers, employees, volunteers, agents
and representatives) to comply with a guarantee in sections 60, 61 and 62 of the ACL.
25. This exclusion of liability does not apply in respect of significant personal injury suffered by a person that is caused by the reckless conduct of the Foundation.
26. For the purposes of paragraphs 24 and 25:
a. 'recreational service' has the meaning as defined in section 139A(2) of the CCA; and
b. 'reckless conduct' has the meaning set out in section 139A(5) of the CCA.
27. In respect of any liability which cannot lawfully be excluded but can be limited under the ACL, if the Event or any good or service supplied by the Foundation in connection with the Event is not of a kind ordinarily acquired for personal, domestic or household use or consumption, to the maximum extent permitted by law the Foundation limits its liability, at the Foundation's option:
a. In the case of goods, to the replacement of the goods or the supply or equivalent goods,
the repairs of the goods, or the payment of the costs of replacing the goods or of acquiring
equivalent goods or of having the goods repaired; and
b. In the case of services, to supplying the services, to supplying the services again or the payment of the cost of having the services supplied again.
28. Nothing in this Participant Agreement applies to the extent that it has or would have the effect of excluding or limiting any non-excludable rights that a Participant may have under the CCA, the ACL or any other relevant law which cannot be lawfully excluded, restricted or modified.
ASSUMPTION OF RISK
29. I have read the Conditions of Entry including the safety requirements and warnings for the Eventand understand the demanding physical nature of the Event.
30. I have trained for the Event (as necessary) and I am not aware of any medical condition or impairment that will be detrimental to my health (or the health of the minor I am responsible for) if I (or the minor I am responsible for) participate in the Event. If I become aware of any medical condition or impairment to myself (or the minor I am responsible for) or am otherwise sick or injured prior to the Event, I (or the minor I am responsible for) will withdraw from the Event and notify the
Foundation.
31. I acknowledge that I will choose the Event category (if applicable) which suits my ability and fitness
levels (or the ability and fitness levels of the minor I am responsible for).
32. I acknowledge that participating in Foundation Events may involve a real risk of serious injury or even death from various causes including but not limited to: over exertion; dehydration; holes, rough and uneven ground; extreme weather; medical episode; and accidents with other participants, spectators or road /water users. I acknowledge that the risks involved may also include damage to property. I acknowledge that it is a condition of participating in the Event that I (and
the minor I am responsible for) do so at my (or the minor I am responsible for) own risk.
33. I have voluntarily read and understood the warning set out in paragraph 32. I acknowledge that I am responsible for my own safety (and the safety of the minor I am responsible for) and accept and assume the inherent risks in the Event.
34. By signing this Participant Agreement I acknowledge and agree that:
a. participation in the Event may involve risk;
b. [FOR VICTORIAN EVENTS AND PARTICIPANTS] I have been made aware of and voluntarily assume the risks associated with your participation in the Event for the purposes of Division 4 of the Wrongs Act 1958 (Vic) (VIC Wrongs Act) and any claim for damages for negligence against the Foundation associated with your participation in the Event; and
c. the Foundation will not be liable in negligence for harm you suffer as a result of your
participation in the Event, in accordance with and to the extent permitted under Division
4 of the VIC Wrongs Act.; and
d. this Participation Agreement constitutes a 'risk warning' in accordance with any relevant
legislation including the VIC Wrongs Act and the NSW CLA.
STATEMENT OF WAIVER
35. To the extent permitted by law, I hereby expressly waive any and all claims that I have, or may have in the future (or that the minor I am responsible for has, or may have in the future) against the Foundation and its agents, directors, officers, employees and Event personnel and contractors, and fully release all of them from any claims, liabilities, loss and damage associated with my attendance at or participation in the Event, except to the extent caused or contributed to by the Foundation's fraud, negligence, wilful misconduct, reckless conduct or unlawful conduct.
36. In consideration of the Foundation accepting my entry (and the entry of the minor I am responsible for) in the Event, I hereby indemnify the Foundation against all loss or damage arising from my conduct at the Event including but not limited to my failure to follow the instructions of Foundation representatives.,
MEDICAL TREATMENT
24. I authorise and consent to the Foundation's staff and representatives or other medical personnel providing medical care or transporting me (or the minor I am responsible for) to a medical facility as considered reasonably necessary for my (or the minor's) health.
25. I agree to pay all costs associated with medical treatment and transportation for my medical treatment (or the minor I am responsible for).
PRIVACY COLLECTION STATEMENT
The purpose of collecting your personal information (or the personal information of the minor you are responsible for) is to enable the Foundation to process your application (or the application of the minor you are responsible for) as a Participant in the Event. Your personal information will not be disclosed to any other party or used in any other way unless you have provided consent for the Foundation to do so.
26. I consent to the use by the Foundation of any photograph or image of me (or the minor I am responsible for) taken during the Event for marketing or promotional purposes. I understand that all ownership and copyright in the images will be owned by the Foundation. I grant the Foundation permission for the perpetual and ongoing use of the images. I understand and acknowledge that the images may be published, exhibited, or reproduced for use on different platforms and mediums, including but not limited to website, social media and for any other purpose reasonably required by the Foundation in the conduct of its business
