Waiver Terms and Conditions
PARTICIPANTS IN THE QUICKSAND MARATHON, HALF MARATHON, 10km, 5km AND RELATED EVENTS ("Activities") ARE REQUIRED TO ASSUME ALL RISK OF PARTICIPATION IN THE ACTIVITIES BY ACKNOWLEDGING THIS GENERAL RELEASE AGREEMENT AND CONFIRM THAT THE RISK WARNING HAS BEEN READ AND CONSIDERED IN GIVING THIS RELEASE.
1. The athlete (Athlete) on behalf of himself/herself and on behalf of Athlete's personal representatives, assigns, heirs, executors, hereby fully and forever releases, waives, discharges and covenants not to sue the City Council of Randwick, Organisers, Owners or Volunteers and Support staff of QUICKSAND Australia, and all municipal agencies whose property and/or personnel are used, including medical personnel, volunteers, staff, and all other sponsoring or co-sponsoring companies, organizations, or individuals, related to the Activities (collectively "Releasors") from all liability to the Athlete and his/her personal representatives, assigns, heirs and executors, for all loss(es) or damage(s) and any and all claims or demands therefore, on account of injury to the Athlete or property or resulting in the death of the Athlete, whether caused by the active or passive negligence of all or any of the Releasors or otherwise, in connection with the Athlete's participation in the Activities.
2. The Athlete represents and warrants that he/she is in good physical condition and is able to safely participate in the Activities. The Athlete is fully aware of the risks and hazards inherent in participating in the Activities and hereby elects to voluntarily compete in the Activities, knowing the risks associated with the Activities. The Athlete hereby promises to record any relevant medical information and emergency contact information on the back of his/her race bib prior to participating in the Activities and will wear this race bib for the duration of his/her participation. The Athlete hereby assumes all risks of loss(es), damage(s), or injury(ies) that may be sustained by him/her while participating in the Activities.
3. I hereby warrant that I am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it, acknowledge that I have signed this Agreement without any inducement, assurance or guarantee, and intend that by ticking the "yes" box on the registration form next to "I have read and accept the waiver terms and conditions" serves as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Risk Warning (Section 5M Civil Liability Act 2002)
Warning is given to all Entrants in the QUICKSAND Australia Marathon, Half marathon,10km and 5km race that there is the risk of harm to their person and/or property arising from any inadequacy of physical condition or stamina to complete the run. Hazardous weather and unstable beach conditions including sharp or rough fragments within or on the surface of the sand can prove hazardous and all runners are advised to use appropriate footwear or risk injury.
Conditions
The Entrant/Parent/Guardian of the Entrant named on the entry form in consideration of the acceptance by the organiser/ owner, (“QUICKSAND Australia") of my entry into the 2019 QUICKSAND Run, consent and agree:
1. To receive such medical or other treatment which may be deemed to be advisable by the organisers, support staff or volunteers, medical first aid assistants, beach or water safety patrol personel in the event of injury accident and/or illness during or immediately after the QUICKSAND run
2. To accept full responsibility to inform myself/ourselves and assess all the dangers, hazards and risks of entry in the QUICKSAND run and rely/relies solely on my/our own assessment of these dangers, hazards and risks before participating in the QUICKSAND run and not withstanding any decision thereon made by the organizers and other persons corporations and bodies involved engaged in promoting or staging the QUICKSAND run (The Organisers)
3. To permit free use by the QUICKSAND run and the Organizers of my/our name and photograph/image in any broadcast, telecast or other media as may pertain to the QUICKSAND run.
4. To have sole responsibility for my/their/our personal possessions and equipment during the run
5. That in the event of cancellation of the QUICKSAND run my/their entry fee shall not be refundable by the Organiser and the run will not commence.
6. That as a person to whom recreational services are supplied by the Organisers, it is a term of my entry that I engaged in the recreational activity of The QUICKSAND run at my own risk.
7. That the terms and conditions contained in this entry form shall be construed broadly to provide a release, indemnity and waiver to the Organisers of any Liability for the loss, injury or other damage to personal property and to the maximum extent permitted by law and shall be construed according to the law of New South Wales.
Race Rules
1. All runners must run the prescribed course and ensure that their name is marked off the official entrants register at the start and conclusion of the event even if they do not complete the course.
2. Runners must run in the category for which they registered.
3. All runners must wear their prescribed race number and timing device.
4. Only registered runners may participate in the course during the event.
5. All runners are to behave in a fair and sportsman/sportswoman-like manner without interference or aggression towards other competitors and any breach of this rule will result in disqualification.
6. If in the opinion of the event medical officer a runner is deemed unfit to participate or continue, the competitor must resign from the event without recourse against the Organisers.
7. If Authorities deem conditions too dangerous to commence or continue the event, the run will be cancelled without notice.
8. Strict cut off times for each event will be adhered to and any competitor unable to finish their event within these time frames will be classed as a non-finisher. The completion times for the 5km is 2 hours from the starting time of 1pm and 4 hours for the 10km from the starting time of 1pm. The completion time for the Half Marathon is 5 hours from the starting time of 3pm and the completion time for the Marathon is 7 hours and must be completed by 10.00 pm
9. Prize winners must be present to receive their prizes.