Terms and Conditions
Sole Trails Events Pty Ltd – Trans Cape SwimRun Event Entry Terms and Conditions
I apply for entry to the Event and in doing so agree to the following Terms.
If I am not currently a member of Triathlon Australia, I apply for one-day membership of Triathlon Australia. In consideration of my application to enter the Event and (where applicable) my application for one day membership being accepted, I acknowledge and agree that:
1. In this Event Entry Declaration:
a. "Claim" means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with any SwimRun Activities, but does not include: a claim against Sole Trails Events Pty Ltd (ABN 69 634 601 871) by any person expressly entitled to make a claim under the Trans Cape SwimRun insurance policy.
b. "Event" means the Trans Cape SwimRun to be conducted on the 6th March, 2021.
c. "Event Briefing" means the compulsory briefing for participants conducted by the Event Organiser on a to be determined date, at a to be determined location. The time and location of the event briefing will be communicated via the event information and website.
d. "Event Organiser" means Sole Trails Events Pty Ltd, its directors, officers, employees, agents, volunteers and contractors.
e. "STTA" refers to a State or Territory Triathlon Association and has the same meaning as in the Triathlon Australia Constitution.
f. "SwimRun Activities" means performing or participating in any capacity in any authorised or recognised SwimRun activity.
g. "Triathlon Australia" means Triathlon Australia Limited ACN 007 356 907.
h. "Triathlon Organisation" means and includes the Event Organiser, Triathlon Australia, the STTAs and the Affiliated Clubs and where the context so permits, their respective directors, officers, members, servants or agents.
i. "You" and "Your" means the person completing the online registration acts personally for themselves or on authorised permission to act on behalf of the participants in regards to entering the said individuals in the Event and by signing a copy (providing electronic authorisation) of these Terms as part of the registration process.
j. "Your Team" means each participant that has agreed through the registration process (or provided authority to act with authorisation in the registration process) to participate as a duo team for the duration of the Event.
k. "Participant" means the individuals who will be participating in the Event as a function of their authorised registration.
l. "Other Participant" means the other individual who becomes part of Your Team as a function of them giving You authority to be registered to participate in the Event.
m. "Terms" refers to these conditions of entry that includes consented acknowledgement of risk, liability and exclusions and Event race rules.
n. "Online Event Registration" refers to the online portal chosen by the Event Organiser through which Event Registration will occur.
Rules of participation
2. The Event rules, this declaration and any other terms and conditions of entry comprise a contract between me and the Event Organiser which is necessary and reasonable for promoting and conducting the Event. The Event Terms incorporate the Terms as laid out in this document in addition to the rules as published on the event website
3. I acknowledge my application to enter the Event will be accepted upon notification to me by the Event Organiser and I acknowledge that I will be bound by and agree to comply with such rules, terms and conditions as may be imposed by the Event Organiser with respect to the conduct and management of the Event, including but not limited to competition rules and all relevant rules, regulations, policies and codes of conduct of the Event Organiser, as amended from time to time. I agree that I will be subject to, and submit unreservedly to, the jurisdiction, procedures, penalties and any appeal mechanisms of the Event Organiser. I agree to follow any rules and/or directions set out by the Event Organiser in connection with the Event and understand that if I fail to comply with any such rules or directions I will not be permitted to participate or to continue to participate in the Event and no refund will be given.
4. My participation in the recreational activities supplied by the Event Organiser is inherently dangerous and may involve risk. There are risks specifically associated with participation in the recreational activities and accidents can and often do happen which may result in personal injury, death or property damage. Prior to undertaking any such recreational activity, I should ensure I am aware of all of the risks involved, including those risks associated with any health condition I may have. The leading cause (more than 90%) of non-traumatic sudden death of athletes is related to a pre-existing cardiac abnormality.
5. In recognizing the risks inherent in recreational activities I agree that I have engaged in sufficient training / preparation to complete the event course, as published on the event website , without placing myself or my health at unacceptable risk.
6. By agreeing to these terms and conditions, I acknowledge, agree, and understand that participation in the recreational services provided by the Event Organiser may involve risk. I agree and undertake any such risk voluntarily and at my own risk. I acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation, including the Civil Liability Act 2002 (WA).
7. It is possible for a supplier of recreational services or recreational activities to ask me to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to me (or a person for whom or on whose behalf I am acquiring the services or activities).
8. By agreeing to these terms and conditions, I will be agreeing that my rights (or the rights of a person for whom or on whose behalf I am acquiring the services) to sue the supplier in relation to recreational services or recreational activities that I undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) and (Western Australia) applies:
9. By agreeing to these terms and conditions, I agree that the liability of the Event Organiser in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and recreational activities (as that term is defined in the Civil Liability Act 2002 (WA)) for any:
b. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
c. the contraction, aggravation or acceleration of a disease;
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:
i. that is or may be harmful or disadvantageous to me or the community; or
ii. that may result in harm or disadvantage to me or the community, that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) resulting from the supply of recreational services or recreational activities;
is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
Release and indemnity
10. In consideration of the relevant Event Organiser accepting my entry into the Event, to the extent permitted by law, I:
a. release and will release the Event Organiser from all Claims that I may have or may have had but for this release arising from or in connection with my membership or participation in the Event; and
b. release and indemnify the Event Organiser against any Claim which may be made by me or on me behalf for or in respect of or arising out of my death whether caused by the negligence or breach of contract by the Event Organiser or in any other manner whatsoever; and
c. indemnify and will keep indemnified the Event Organiser to the extent permitted by law in respect of any Claim by any person:
i. arising as a result of or in connection with my membership or my participation in the Event; or
ii. against the Event Organiser in respect of any injury, loss or damage arising out of or in connection with my failure to comply with the Event Organiser's rules and/or directions;
save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of the Event Organiser.
Bar to Proceedings
11. I acknowledge that the Event Organiser may plead this contract as a bar to proceedings now or in the future commenced by or on my behalf or by any person claiming through me. Where I commence proceedings against the Event Organiser, I:
a. will commence those proceedings in the courts of the jurisdiction in which any incident occurs;
b. waive any right to object to the exercise of such jurisdiction;
c. will, where I seek to commence proceedings in another jurisdiction from where any incident occurs, consent to move those proceedings to the jurisdiction in which any incident occurs including consenting to any application made by the Event Organiser to remove the proceedings to the jurisdiction in which any incident occurs;
d. will pay the costs of any application made by the Event Organiser under paragraph 10(c) and will consent to any application for security of costs made at any time by the Event Organiser; and
e. consent to paying the Event Organiser's legal defence costs of the proceedings (on a solicitor client basis) where the Event Organiser successfully defends the proceedings.
12. I acknowledge and agree that the Event Organiser has arranged some limited insurance (through Triathlon Australia Sanctioning) coverage for me whilst I am participating in the Event which may provide me with some protection for loss, damage or injury that I may suffer during my participation in the Event. However, I acknowledge and agree that the insurance taken out by the Event Organiser through sanctioning with Triathlon Australia may not provide full indemnity for loss, damage or injury that I may suffer during my participation in the Event and that I may have to pay the excess if a Claim is made on my behalf. I agree that my own insurance arrangements are ultimately my own responsibility and I will arrange any additional coverage at my expense after taking into account the Event Organiser’s insurance arrangements (through Triathlon Australia) and my own circumstances.
Disclosure of Medical Conditions
13. I warrant that prior to participating in the Event I:
a. am and must continue to be medically and physically fit and able to undertake and participate in the Event;
b. am not a danger to myself or to the health and safety of others;
c. have not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells; and
d. I am not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for me to take part in a recreational activity including participating in the Event.
I acknowledge that I must, and I agree that I will, disclose any pre-existing medical or other condition that may affect the risk that either I or any other person will suffer injury, loss or damage. I acknowledge that Event Organiser rely on information provided by me and that all such information is accurate and complete. I will report any accidents, injuries, loss or damage I suffer during the Event to the relevant Event Organiser before I leave any relevant venue or race area.
Consent to Medical Treatment
14. If I suffer any injury or illness, I agree that the Event Organiser may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment. I agree to reimburse the Event Organiser for any costs or expenses incurred in providing me with medical treatment.
Exclusion of Applicant
15. I warrant that I have not at any time been excluded from ANY recreational activities by a medical practitioner or any person or entity. I acknowledge and agree that the Event Organiser may demand a medical certificate or opinion as to my fitness from a qualified medical practitioner PRIOR to my undertaking any SwimRun activities.
16. I understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during my involvement in the Event, and I accept full responsibility for any injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance. I agree to follow any rules set by the Event Organiser in connection with the Event. If I fail to comply with the rules and/or directions of the Event Organiser, I will not be permitted to participate or to continue to participate in the Event and no refund will be given.
17. I acknowledge and agree that:
a. the Event can and will be affected by the weather which may change without warning; and
b. there is often an element of the "luck of the prevailing conditions" when undertaking the Event over which the Event Organiser has no control.
I accept that in the event of extreme weather conditions including but not limited to bushfire, storm, severe wind and / or severe swell / ocean conditions the Event Organiser reserve the right to alter the format of, shorten, or cancel the Event in the interest of competitor safety without a requirement to reimburse costs of entry to and participation in the event incurred by you.
Right to Use Image
18. I acknowledge and consent to photographs and electronic images being taken of me during my participation in the Event. I acknowledge and agree that such photographs and electronic images are owned by the Event Organiser and that the Event Organiser may use the photographs for promotional or other purposes without my further consent being necessary. Further, I consent to the Event Organiser using my name, image, likeness and also my performance in the Event, at any time, by any form of media, to promote the Trans Cape SwimRun or the Event Organiser.
19. I understand that the personal information I have provided in this Event entry is necessary for the conduct and management of the Event and other related activities. I acknowledge that Event Organiser may use or disclose my personal information for the purposes of conducting and administering SwimRun Activities, providing them with member information or promotional material or otherwise. The Event Organiser may share my information with third parties such as affiliates and other organisations involved in the Event or SwimRun Activities or other related activities in Australia; companies engaged by Sole Trail Events to carry out functions and activities on Sole Trails Events’ behalf including direct marketing; Sole Trails Events’ professional advisers, including Sole Trails Events’ accountants, auditors and lawyers and Sole Trails Events’ insurers. If I do not wish to receive promotional material from Sole Trails Events or their sponsors and third parties I must advise Sole Trails Events in writing or via email. I understand that if I have any concern or complaint about the way the Event Organiser handles my personal information, I must contact the Event Organiser.
a. I recognize that photograph, film and multimedia images will be captured prior to and during the event and I consent to such images being used for legitimate purposes by the Event Organiser, Sponsors & others.
20. By completing the event registration you acknowledge that you have read the terms and conditions and agree to be bound by them.
You will complete the online registration for another person, namely Your Other Team Participant, you warrant that you have authorisation from this Other Participant to register them for the Event.
a. You are consenting that the Other Participant, for whom you are registering, has read the terms and conditions, and their agreement to be bound by these conditions will be given by you registering them for the event.
b. You will not impersonate or use a false name either in the Event Registration or in any aspect of the running of the Event and related activities.
c. Entries are non-transferable to other events or to other people. Any attempt to transfer my entry to another person without the knowledge of the Event Organiser may result in the cancellation of my entry without refund and I may not be permitted to participate in further Sole Trails Events.
d. Changes to your event registration may only be made by contacting the Event Organisers (). Whilst the entry is non-transferrable changes can be made to one Participant of Your Team. You cannot change both Participants in Your Team as this would constitute a Withdrawal and would be bound by the terms below.
e. I also accept that refund of my entry fees are bound by the conditions set out below under Withdrawal and Cancellation.
Withdrawal and Cancellation
21. Your team is entitled to the following refunds in the event of withdrawal:
a. a 75% refund of entry costs if you withdraw from the event more than 60 days prior to the event;
b. a 50% refund of entry costs if you withdraw from the event between 30 - 60 days prior to the event;
c. a 25% refund of entry costs if you withdraw from the event between 15 - 30 days prior to the event;
d. You are not entitled to a refund if you withdraw less than 15 days prior to the event.
e. Should the Event be cancelled due to COVID-19 restrictions after you have entered the Event, the Event Organiser will refund as much of the entry fee as possible, after costs have been taken into account.
Compliance with COVID-19 Mass Gathering Legislation
22. I acknowledge and agree that:
a. Public and private events that involve mass gatherings of people are currently legislated by the Government of Western Australia's Department of Health. Upon entering the Event, you acknowledge and agree that the Event might need to be modified from what is advertised on the Event website () or cancelled in order to comply with the existing legislation at the time. You acknowledge this might change aspects of the event experience in order to meet the requirements around mass gatherings and health risk exposure.
b. In the case of cancellation of the Event, the Event Organisers will refund entry fees where possible in accordance with Clause 21.
c. In the case where the Event can proceed but with restricted numbers, the Event Organisers have the right to make decisions at the time, about the financial feasibility of the Event and the process of allocation restricted Event entries to existing registrations.
23. This agreement (and the documents to which it refers) constitutes the entire agreement between the parties in respect of the Event and supersedes all other agreements, understandings, representations and negotiations in relation to the Event. To the extent that any clause of this agreement is void or unenforceable it is severable and does not affect the remaining provisions of the agreement.
24. The governing law of this agreement is the law of the state of Western Australia (‘Jurisdiction’). I irrevocably and unconditionally consent and submit to the jurisdiction of the courts of the Jurisdiction in which any incident occurs and waive any right to object to the exercise of such Jurisdiction.
PLEASE NOTE THE FOLLOWING:
If the Competition and Consumer Act 2010 or similar State laws operate so as to prevent the exclusion, restriction or modification of warranties otherwise implied by those laws then the liability of the Event Organiser for breach of warranties is limited to the:
(i) re-supply of SwimRun Activities and related activities; or
(ii) payment of the cost of having the SwimRun Activities or related activities supplied again.
In order to proceed, I must have read and agreed to the terms and conditions of entry. By checking Yes in the “Do you agree to the terms and conditions” declaration on the Online Registration I declare that I have read, understood, acknowledge and agree to the terms and conditions of entry including the exclusion of implied terms, warning, assumption of risk, release and indemnity. I agree that if my application is accepted, I will be bound by these terms and conditions.