BRAVO CHARLIE RUNS BOOKING TERMS AND CONDITIONS

These booking terms and conditions set out the agreement on which you contract with us for the arrangement and delivery of travel arrangements for your Bravo Charlie Runs Tour. By making a booking with us, you acknowledge that you have read, understood and agree to be bound by these booking terms and conditions. We reserve the right to change these booking terms and conditions at any time prior to you making a booking request. “You” and “Your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our” and “Bravo Charlie Runs” means Bravo Charlie Runs.

‍BOOKINGS
‍A booking request is accepted when we issue a written booking confirmation and you have paid your deposit. It is at this point that a contract between us and you comes into existence subject to these booking terms and conditions. We reserve the right to decline any booking at our discretion. No employee of ours other than a founder or director has the authority to vary or omit any of these booking terms and conditions or to promise any discount, refund or credit.

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ACCEPTANCE OF RISK

You acknowledge that participating in running and related activities with Bravo Charlie Runs involves risks. These include, but are not limited to, injuries from training, falls, contact with other participants, effects of weather, traffic, and conditions of the road‍. You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. This could be as a result of the adventurous nature of your tour or the visiting of destinations which present geographical, political or cultural risks and dangers. You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to the destinations within your itinerary. You acknowledge that your choice to train for and participate or spectate in a tour is made having had the benefit of DFAT guidance, and you accept any additional personal risks associated with your training and travel. To the fullest extent permitted by law, we disclaim any liability for these risks.

 

HEALTH & FITNESS‍

It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the tour and training for and participating in the running event of your choice. If you suffer from a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip, then you must advise us at the time you make your booking request. We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you will require special assistance from personnel which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition at the time you made your booking request, we will provide you with a full of refund of payments made. If you fail to notify us at that time or if you fail to provide a medical assessment within a reasonable time of our request, then this will be considered a cancellation by you. We reserve the right to cancel your booking if any changed or non-disclosed medical conditions mean that you will require special assistance which we cannot reasonably provide. We strongly suggest that your travel insurance policy includes comprehensive cancellation coverage.

 

WAIVER OF LIABILITY

I agree that Bravo Charlie Runs, including its organisers, suppliers, volunteers, and other participants, shall not be liable for any injury, loss, or damage I might suffer, regardless of the cause. This waiver applies to any and all activities associated with training for, participating in and spectating a Bravo Charlie Runs tour.

‍SERVICES
‍The services we provide to you are limited to (a) the arrangement and co-ordination of your travel arrangements; and (b) the delivery of travel arrangements which we directly control. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your tours travel arrangements.

‍PRICES & EXCLUSIONS
‍Prices stated are in Australian Dollars ($AUD) and are current at the time of publication. The most up to date pricing is available on our website. The price includes accommodation, transportation and other inclusions as per the published itinerary. International and domestic airfares and airport/hotel transfers are not included. Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, all event training requirements and all items of a personal nature are not included.

‍PRICE SURCHARGES
‍We reserve the right to surcharge the cost of your booked travel arrangements prior to commencement for circumstances beyond our control such as currency devaluation, or the imposition of new or amended Government charges. We will not surcharge for currency fluctuations once full payment has been received by us.

‍DEPOSIT                                 
‍A deposit, is required at time of booking with us. The deposit represents a fee payable to us for services associated with the processing and confirmation of your booking and any consultations on travel, tour and event arrangements that we may provide to you. Because these services are provided as soon as we confirm your booking, the deposit is non-refundable other than where we cancel your travel arrangements for reasons other than Force Majeure (see below).Please note that we may not hold any services for you until we receive payment of your deposit, meaning that services may become unavailable or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable.

‍FINAL PAYMENT
‍Payment in full must be received by the date(s) reflected on your invoice. We are under no obligation to remind you of a payment becoming due. If we fail to receive a payment from you by the due date for payment in clear funds, then this will be deemed a cancellation by you (see below). Note: some trips may require payment (including full payment) earlier or in additional instalments and this will be advised with the booking confirmation. For late bookings (bookings within 60 days of departure), full payment is required at the time of request. You acknowledge that we may not be able to confirm services, in which case we will provide you with a refund.

‍CANCELLATIONS BY YOU
‍New or changed quarantine requirements
‍If after we confirm your booking: (a) new or changed quarantine requirements are imposed by government authorities either in a destination you are due to visit or in your home State or country and these remain in effect 60 days before commencement of travel arrangements booked with us; and (b)these new or changed quarantine requirements make it reasonably impractical for you to travel; then (c) you may give us written notice to cancel your trip not less than 60 days prior to commencement of the first arrangement. If you cancel travel arrangements in these circumstances, then we will refund payments made by you less: (a) unrecoverable third party costs and other expenses incurred by us in relation to your travel arrangements; (b) overhead charges incurred by us relative to the price of your travel arrangements; and(c) fair compensation for work undertaken by us in relation to your travel arrangements until the time of cancellation and in connection with the processing of any refund.

‍Other Cancellations
‍If you wish to cancel your trip for other reasons, we require written notice and will make refunds to you less cancellation fees in accordance with the points below, calculated from the date which we receive written notice:

• Over 120 days before commencement: Deposit and any instalment payments

• 120 days to 60 days before commencement: 50% of the booking value

• Within 60 days or no show 100% of the booking value‍

 

 

General
‍You agree that the deductions and cancellation charges specified above are reasonable, represent a genuine pre-estimate of our loss and are required to protect our legitimate business interests. Any payments we have made to third parties will only be refunded to you once we have deducted the above cancellation fees and charges and once we have actually recovered the amounts from the third parties. We will use reasonable endeavours to recover third party payments, but we make no guarantee that we will be able to make recoveries. For group departures, a transfer of a confirmed booking to another departure date at your request is deemed to be cancellation of the original booking.

‍ILLNESS OR VACCINATION STATUS PREVENTING TRAVEL
If due to any illness, suspected illness, injury, or failure to satisfy any required tests (such as a PCR or rapid antigen test in relation to Covid-19) or vaccination requirements:  an airline or other common carrier refuses you carriage; a hotel or vessel refuses to accommodate you; or we or our suppliers (acting reasonably) exclude you from the trip and you are consequently prevented from commencing or continuing your trip, then: if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost. if you have not commenced your trip then we regret we will not be in a position to provide such assistance. We will not be liable to refund the cost of your tour (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your tour and servicing your booking. We will not be responsible for any other loss or loss you incur in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances.

‍CANCELLATIONS OR RESCHEDULING BY US
‍In these booking terms and conditions, the term Force Majeure means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including travel advisories and restrictions).

‍Force Majeure – Prior to travel
‍If in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) consider that your travel arrangements cannot safely or lawfully proceed due to a Force Majeure Event then we at our discretion may elect to: reschedule your tour arrangements (in whole or in part); and/or cancel your tour arrangements (in whole or in part), in which case our contract with you will terminate (in whole or in part).  If we cancel any of your tour arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will refund payments attributable to the cancelled travel arrangements less: (a) unrecoverable third party costs and other expenses incurred by us for the cancelled travel arrangements;

 

(b) overhead charges incurred by us relative to the price of the cancelled travel arrangements; and(c) fair compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund.

‍Force Majeure – During travel
‍If due to Force Majeure we cancel tour arrangements after your trip has commenced, we will provide you with a refund of recoverable third party costs for cancelled tour arrangements only. 

‍Force Majeure – General
‍If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance. You acknowledge that the terms in this section are reasonably necessary to protect our legitimate business interests. We strongly encourage you to purchase travel insurance that adequately responds to cancellation and rescheduling risks associated with Force Majeure events.

‍Other cancellations
‍If we cancel your travel arrangements for reasons other than Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of a tour of substantially equal quality if appropriate. We will not be responsible to you for any other expenses or loss you incur if your travel arrangements are rescheduled or cancelled whether or not due to Force Majeure.

‍AMENDMENTS BY YOU
‍We will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil, and for group departures a transfer of a booking to a different departure is deemed a cancellation. An amendment fee of $200.00 per person will be levied to cover communication and administration costs for any changes to bookings. You will also be required to pay any additional costs charged by suppliers.

‍AMENDMENTS BY US
Prior to travel
‍Occasionally, we may need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our right to do this. If we become aware of a significant change to your itinerary or its inclusions prior to the commencement of your trip (where the trip can still proceed), then we will notify you within a reasonable time.

‍During travel
‍You acknowledge that the itinerary, modes of transport, accommodation and/or the trip’s inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns. You agree that we have the right to pass on any costs we incur for alternative arrangements we put in place for your benefit in these circumstances.‍

 

General
‍To the fullest extent permitted by law, we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond or control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications. If you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept. We will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary or its inclusions.  

‍UNUSED & DENIED SERVICES
‍No refunds will be made for of any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of transport to operate according to schedule, which we disclaim responsibility for. If you are not fully and validly vaccinated against Covid-19 in the destination(s) where services are to be provided, and particular suppliers refuse to provide you with travel arrangements, then you agree you will not be entitled to any refund for those arrangements. We will not be responsible to you for any loss or expenses you incur (including loss of enjoyment or the costs of alternative arrangements) if you are denied services in these circumstances.

‍CLIENT NAMES – EXACTLY AS PER PASSPORT
‍For security reasons, airlines and our overseas suppliers require names to be given exactly as stated in your passport. If you do not advise the correct information and we or an affiliated travel agent have to re-issue airline tickets or other documentation, then you will be responsible for any fees charged (such as airline cancellation charges or re-issue fees) in addition to our own reasonable administration fees.

‍TRAVEL INSURANCE
‍It is a condition of your booking that you are adequately insured for the duration of your trip. We recommend comprehensive travel insurance to cover cancellation, medical requirements, luggage, repatriations and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your deposit. This is because cancellation fees and charges are payable from that time.

‍ACCOMMODATION
‍We reserve the right to substitute hotels, vessels and other forms of accommodation with properties or vessels of a comparable or higher standard.

‍PASSPORTS, VISAS
‍It is a requirement that you hold a valid passport and any required visas for your trip. It is your responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited.

‍VACCINATIONS
‍Airlines, cruise lines, rail operators, accommodation providers and other third party suppliers may require you to be fully vaccinated against Covid-19. We therefore strongly encourage you to be fully vaccinated against Covid-19 with a vaccine approved by the Therapeutic Goods Administration. This is so health risks for yourself and others you come into contact with can be mitigated. Subject to the Illness or Vaccination Status Preventing Travel section above, if you choose to travel without being fully vaccinated, then you do so accepting the implicit risks to your health and you agree to provide us with waivers and releases as we may require. It is your responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the trip. Any information provided by us is given in good faith.

DIETARY REQUIREMENTS
‍Special dietary requests are required to be notified to us at the time of booking. Although we will use reasonable endeavours to accommodate requests, we cannot guarantee requests will be met by suppliers. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens.

INDEPENDENT SERVICES
‍We are not responsible for any additional activities or excursions which are not included in the Bravo Charlie Runs itinerary or which we sell as agent for the principal operator. Any advice or recommendation made by a guide or local representative does not make us responsible.

‍AUTHORITY ON TOUR
‍When joining a group tour, you undertake to conduct yourself in a manner conducive to good group dynamics. If you act in a manner that threatens or disrupts the safety or enjoyment of others on the tour, the tour leader may, acting reasonably, require that you leave the tour. You will not be entitled to any refund for unused services and you will be responsible for any additional costs you incur.

‍MINIMUM NUMBERS
‍Some trips are based on a minimum number of passengers travelling. We will advise you prior to confirming your booking if this is the case. If a trip fails to satisfy minimum numbers, the trip may be cancelled. If the trip is cancelled, we will at your election refund you all payments made or credit payments towards alternative arrangements. We will not be responsible for any other travel arrangements affected by, or any additional costs incurred, as a result of cancellation.

IMAGE RELEASE
‍When on tour, or training events in the lead up to the tour, we may take photographs or make recordings of you and your activities that identify you. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us at time of booking.

‍RESPONSIBILITY
Services supplied by independent suppliers
‍Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include but are not limited to race organisers, airlines, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us) and common carriers. To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier.  Any claims you have in this regard must be made against the Independent Supplier. You acknowledge that the Independent Supplier’s liability to you may be limited by their own terms and conditions. 

‍Services we directly supply
‍To the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel arrangements and services with reasonable skill and care. We will only be responsible for our employees in the course of their employment, and for our agents and suppliers (where we are not the supplier’s agent or where the supplier is not an Independent Supplier) if they were carrying out the work we had asked them to do. We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure. While we endeavour to meet scheduled arrival and departure times, we cannot guarantee this. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays. 

‍General liability limitation
‍You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia. Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Warranties”). These booking terms and conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, we disclaim all warranties. To the fullest extent permitted by law, our maximum liability to you under these booking terms and conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having them resupplied.

‍COMPLAINTS
‍In the event of a problem with any aspect of your tour arrangements you must tell us or make our representative or our local supplier aware of such problems immediately. We will only consider and be responsible for claims made against us where we or our suppliers have had the opportunity to put things right on the ground. If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, then you must make any claim in writing within 30 days from the end of your tour arrangements.

‍DEEMED ACCEPTANCE
‍If you place a booking on behalf of another party, you represent and warrant us that you are duly authorised to provide the agreement and consent of the other party to be bound by these booking terms and conditions. You agree that you will be responsible for any loss or damage we incur if this is not the case.

‍GENERAL
‍The contract between Bravo Charlie Runs and you is governed by the laws of the State of New South Wales. Any disputes shall be dealt with by a court with the appropriate jurisdiction in New South Wales. If any provision of these booking terms and conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions. Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles.

 

 

 

** Please see terms and conditions for race entry and participation for each individaul race as these will also apply **

 

HUNTER WINERY MARATHON

Participants Agreement WARNING: This agreement affects your rights. This waiver must be read by all entrants (For competitors under 18, a parent or guardian must read and accept)

 

I agree to compete in this event on the following basis: 1. I acknowledge that competitive triathlon, aquathlon, duathlon, mountain biking, swimming, cycling and running involves the real risk of serious injury or even death from various causes including overexertion, equipment failure, dehydration, accidents with other competitors, spectators or road users, and course or weather conditions to name a few. 2. I understand that I should not compete in this event unless I have trained appropriately and a medical practitioner has verified my physical condition. 3. By competing, I accept all risks necessarily flowing from my participation that could result in loss of life or permanent injury. Accordingly, I release all people associated with the conduct of the event from, and will indemnify them against, all liability (including liability for their negligence) for all injury, loss or damage (including loss of life and personal injury) arising out of or connected with my participation in this event. For clarification, the people released include event organisers, promoters, sponsors, managers including but not limited to Humphreys Events Pty Ltd ta H Events; Triathlon Australia, Athletics Australia Limited, its members state and territory triathlon associations; medical and paramedical practitioners and personnel; Police Officers; Cessnock City Council, Dry Run Ventures Pty Ltd TA as Wollombi Tavern, Peter and Jane Hamshere, Alan Hunt, SM Taylor, Michael Shirley, Michael and Helen Ellis, Robert Fagan, P.Collins, R Jamieson, Charles Smith, Maitland City Council, Newcastle City Council; Lake Macquarie Council, Athletics NSW, Cessnock Council, Newcastle Fish Co-op, Mountain Bike Australia, Roads & Maritime Services; Port Authority of NSW, Hunter Economic Zone, Port of Newcastle, Hunter Development Corporation, Department of Land and Property Management Authority, Transport for NSW; Urban Growth NSW and all of their respective directors, officers, employees, agents, contractors and volunteers including event medical and paramedical personnel. This release and indemnity continues forever and binds my heirs, executors, personal representatives and assigns. 4. I consent to receiving any medical treatment that event organisers think desirable during or after the event. 5. I consent to event organisers using my name, image and likeness, before during or after the event, for event promotional broadcasting or reporting purposes in any media. 6. I understand that compulsory insurance cover affected for participants in this event may not cover me for all injury, loss or damage sustained by me. 7. Safety precautions undertaken by organisers (such as course supervision, race safety briefings) are a service to me and other competitors but are not a guarantee of safety. 8. I am fully responsible for the security of my personal possessions at the event. 9. Any registration is not transferable to other people, except with the express approval of H Events, which may be given or withheld in its absolute and sole discretion. If you are unable to compete your registration fee is non-refundable, except with the express approval of H Events, which may be given or withheld in its absolute and sole discretion. If the event is postponed to another date, your entry will automatically change to the new date, or if you are unable to participate on the other date, you will accept a credit towards a future H Events event. If the event is cancelled then a refund of the registration fee may be applied, but only to the extent that the registration fee (or part of it) has not already been expended (including having entered into any commitments to expend in the future) by H Events (as at or before the date of cancellation) as part of the cost of organising the event. 10. The Event and the conduct of, and participation in the Event may be affected by weather and associated conditions. Given there is often an element of 'luck of the prevailing conditions' in entering and competing in the Event I acknowledge and agree the Event organisers cannot control the weather and associated conditions. I accept that in the event of extreme weather conditions the Triathlon Organisation reserves the right to alter the format of, shorten, or cancel the Event in the interest of competitor safety. I acknowledge Triathlon Australia Event Operations Manual – December 2018 Page 91. that the Triathlon Organisation will use all reasonable efforts to conduct the Event in the planned format if safe to do so. Should prevailing weather conditions force any change I accept that the Triathlon Organisation is not obliged to provide any refund to me, nor to provide a credit or transfer for me to another Triathlon event, nor to restage the Event, as weather and associated conditions are beyond the control of the organiser. 11. I will notify you regarding details of any medical or physical conditions from which I suffer that might affect my performance or be relevant if medical treatment is needed. 12. I agree to abide by all race rules and directions issued by the event organiser. 13. I certify that I am 18 years of age or older and I have read this document and fully understand it. 14. I acknowledge this waiver and release binds my heirs, successors, executors and administrators. 15. I understand that an electronic transponder will be used for timing all competitors in the event and this will entail wearing the device on a loan basis. I undertake to return the 'transponder loaned to me as a competitor and will pay the organisers the amount of AUD $50 (including GST) if I fail to return the transponder at the conclusion of the event/race. I understand that finishing any part of the event without the transponder will result in an official finish result. 16. I understand that my email address will be stored in the H Events database and i will received information via email regarding this and other similar events. I understand i can unsubscribe from this service. 17. If I am entering a team including participants other than myself, i am aware that they will be asked to sign a hard copy waiver before they participate in the event. 

 

SUNSHINE COAST MARATHON

ACTIVE AGREEMENT AND WAIVER

ACTIVE AGREEMENT AND LIABILITY WAIVER (“Agreement and Waiver”)

PLEASE READ THE FOLLOWING AGREEMENT AND WAIVER CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ THE AGREEMENT AND WAIVER AND AGREE TO THE TERMS SET FORTH BELOW.

Though you still need to read the entire document, some of the key points of this Agreement and Waiver are highlighted here:

• The activity for which you are registering (the “Event”) may be physically challenging and may pose a risk of discomfort, illness, injury, and even death. You need to be satisfied that you are physically capable of doing the Event without undue risk to your health or your life. We do not conduct health or fitness checks on entrants.

• The Event may involve inherent risks and dangers to participants and observers and, accordingly, you participate or observe at your own risk.

• Where you have registered or entered on behalf of anyone under the age of 18 or have accompanied anyone under the age of 18 to observe the Event, you also agree to the contents of this Agreement and Waiver on behalf of the person under 18.

In consideration of being permitted to register and/or participate in and/or observe the Event, on behalf of yourself and any personal representatives, assigns, heirs, executors, successors, next of kin, and persons supported by you (if relevant under the applicable laws), you understand that:

1. Authority to Register and/or to Act as Agent. You represent and warrant to Active Network, LLC (“Active”) that you have full legal authority and capacity to complete the registration for the Event, including this Agreement and Waiver, on behalf of yourself and/or, where applicable, any party for whom you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, (a) “Active” means and includes Active Network, LLC, its partners, licensors, and any and all subsidiaries, affiliated entities, or entities that control, are controlled by, or are under common control with Active singly or together and its and each of their officers, employees, contractors, subcontractors and agents and each of their agents, representatives, successors and assigns; and (b) “you” or “your” means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights.

If you are registering a child under the age of 18 or an incapacitated adult, you represent and warrant that you are the parent or legal guardian of that party and have the legal authority and capacity to enter into this Agreement and Waiver on his/her behalf and by proceeding with registration for the Event, you agree that the terms of this Agreement and Waiver shall apply equally to all of the Registered Parties. To the extent permitted by law, each person agreeing to this Agreement and Waiver for him/herself and/or on behalf of another Registered Party (including, without limitation, any minor) agrees to indemnify, defend, and hold Active harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (each, a “Liability” and collectively “Liabilities”) in the event the Liability arises because a Registered Party is found by a court of competent jurisdiction to not be bound by the terms and conditions of this this Agreement and Waiver. In addition, if, despite this Agreement and Waiver, any of the Registered Parties makes a claim against Active, you agree, immediately upon request or demand by Active, to defend, indemnify, and hold Active harmless from all Liabilities which may be incurred as the result of such claim.

2. ASSUMPTION OF RISK. IN CONSIDERATION OF THE ACCEPTANCE OF YOUR REGISTRATION AND PARTICIPATION IN THE EVENT, YOU ASSUME FULL AND COMPLETE RISK AND RESPONSIBILITY FOR ANY DISCOMFORT, ILLNESS, INJURY, OR ACCIDENT WHICH MAY OCCUR WHILE YOU ARE PREPARING FOR THE EVENT, DURING THE EVENT, WHILE YOU ARE ON THE PREMISES OF THE EVENT, OR WHILE YOU ARE TRAVELING TO OR FROM THE EVENT. YOU UNDERSTAND THAT PARTICIPATING IN THE EVENT MAY BE HAZARDOUS, AND THAT YOU SHOULD NOT ENTER AND PARTICIPATE UNLESS YOU ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU SHOULD CONSULT YOUR DOCTOR BEFORE PARTICIPATING IN THE EVENT. IT IS YOUR RESPONSIBILITY TO CHECK AND TO ENSURE THAT YOU ARE AT ALL TIMES MEDICALLY AND PHYSICALLY FIT TO PARTICIPATE IN THE ACTIVITIES RELATED TO THE EVENT. YOU ACKNOWLEDGE AND AGREE THAT THE EVENT MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. YOU ALSO ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN THE EVENT MAY CARRY WITH IT CERTAIN INHERENT RISKS AND DANGERS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM RISK OF MINOR DISCOMFORT TO CATASTROPHIC INJURIES INCLUDING PERMANENT DISABILITY AND DEATH. YOU ARE AWARE OF AND ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE EVENT, INCLUDING WITHOUT LIMITATION RISKS OF PERMANENT INJURY OR DEATH DUE TO FALLS, OBSTACLES, CONTACT WITH OTHER PARTICIPANTS, ACTS OR OMISSIONS OF OTHER PARTICIPANTS, EFFECT OF WEATHER, TRAFFIC AND CONDITIONS OF ANY ROAD.

3. Representations. You represent and warrant that you are in good physical condition, are able to safely participate in the Event, and have no medical condition that would make your participation in the Event more hazardous. You consent to medical care and transportation in order to obtain treatment in the event of injury to you and understand that this Agreement and Waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. You understand that no medical care may be available, but if it is, you assume liability for any and all medical expenses incurred as a result of your participation in the Event (where such medical expenses are not provided on a free of charge basis by any medical services organizations, clinics, or hospitals), including, but not limited to ambulance transport, hospital stays, physician, and pharmaceutical goods and services. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to you by Active or the Event organizer and to abide by any decision of any Event official relative to your ability to safely participate in or attend the Event. You understand and agree that you are expected to exhibit appropriate behavior at all times while at the Event and to obey all applicable laws while participating in or attending the Event. This includes, generally, respect for other people, equipment, facilities or property. You agree that Event officials may dismiss you, without refund, should your behavior, in the opinion of Active or the Event organizer, endanger the safety of or negatively affect the Event. You understand and agree that you are responsible for taking care of your own personal belongings during the Event and, to the maximum extent permitted by law, neither Active nor the Event organizer is responsible for any personal item or property that is lost, damaged or stolen at the Event. You understand and agree that the Event organizer reserves the right to cancel the Event in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots, or for any reason that would affect the safety and security of Event participants and/or spectators or the feasibility of the Event to be held. In the event of such cancellation or any other cancellation for any reason, there will be no refund of your payment unless authorized and paid by the Event organizer. You agree to hold Active harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys’ fees) of any kind or nature, related to any cancellation or disruption of the Event.

4. RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE ACTIVE AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE.

ACTIVE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, ACTIVE WILL NOT BE RESPONSIBLE FOR (A) THE USE OR THE INABILITY TO USE THE ACTIVE SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ACTIVE SITES; (C) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY ACTIVE; (D) PERSONAL INJURY; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ACTIVE SITES; (G) ANY OTHER MATTER RELATING TO THE ACTIVE SITES, OR ACTIVE PRODUCTS OR SERVICES; OR (H) YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT ACTIVE’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY ACTIVE FROM YOU.

NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING ACTIVE'S OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER.

5. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ACTIVE AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FROM ALL LIABILITIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITY CAUSED BY NEGLIGENCE (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ACTIVE, (B) YOUR USE OF ACTIVE, OR (C) ANY VIOLATION BY YOU OF ANY TERMS OF THIS AGREEMENT AND WAIVER AND/OR THE TERMS OF USE LOCATED AT HTTP://WWW.ACTIVENETWORK.COM/INFORMATION/TERMS-OF-USE.HTM.

6. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF ACTIVE’S SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACTIVE MAKES NO WARRANTY THAT ACTIVE SITES’ SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. ACTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ACTIVE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON, OR PROVIDED IN CONNECTION WITH, THE ACTIVE SITES. ACTIVE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.

7. Use of Likeness. You hereby irrevocably grant Active and the Event organizer permission to record your voice and photograph you in conjunction with the Event. You understand and agree that the term "photograph" as used herein encompasses both still photographs and video recordings. You further grant Active and the Event organizer permission to use your photograph, voice, and likeness taken in conjunction with the Event, in any form, including edited versions, in or over any medium including without limitation streaming audio and/or video over the internet, broadcast, cable, satellite transmissions, and media that are unknown at this time, worldwide for any legitimate purpose including, without limitation, any commercial purpose, without compensation to you. Your further waive any right of inspection of any such recordings and photographs. You understand that any such recordings and photographs recorded by Active and/or the Event organizer shall become the sole property of Active and/or the Event holder, as applicable.

8. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Agreement and Waiver is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (a) the validity, legality, and enforceability of the remaining provisions of this Agreement and Waiver (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (b) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement and Waiver shall be deemed amended accordingly.

9. ACCEPTANCE. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU AND ALL REGISTERED PARTIES ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE AGREEING TO THIS AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. IF THE PARTICIPANT IS A MINOR OR INCAPACITATED ADULT, YOU CERTIFY THAT YOU ARE THE PARTICIPANT'S PARENT OR GUARDIAN AND AGREE TO THIS WAIVER AND RELEASE FROM LIABILITY ON BEHALF OF THE PARTICIPANT.

10. Applicable Law; Consent to Jurisdiction; Other Jurisdiction-Specific Provisions.

Provisions Applicable to Events Held in Australia: You agree that this Agreement and Waiver is governed by the law of New South Wales and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales for all matters relating to this Agreement and Waiver.

Provisions Applicable to Events Held in Hong Kong: You agree that the laws of Hong Kong will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Active relating to this Agreement and Waiver shall be the courts of Hong Kong.

You irrevocably grant Active and the Event organizer permission to exhibit, edit, circulate, publish and use your personal data (as defined in the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong)).

This Agreement and Waiver is written in English and Chinese. In case of discrepancies between the two versions, the English version shall prevail.

Provisions Applicable to Events Held in Ireland: You agree that the laws of the Ireland will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Active relating to this Agreement and Waiver shall be the courts of Ireland.

You agree to release Active, the Event organiser and all or any other Occupiers (“Occupiers” has the meaning given to the term “Occupier” by section 1 of the Occupiers Liability Act, 1995 ) for the time being from any claims that might otherwise subsist under the Occupiers Liability Act, 1995, to the maximum extent permitted by law.

Provisions Applicable to Events Held in New Zealand: You agree that this Agreement and Waiver is governed by the law of New Zealand and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New Zealand for all matters relating to this Agreement and Waiver.

Provisions Applicable to Events Held in Singapore: You agree that the laws of Singapore will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Active relating to this Agreement and Waiver shall be the courts of the Republic of Singapore.

Provisions Applicable to Events Held in the United Kingdom: You agree that the laws of England and Wales will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Active relating to this Agreement and Waiver shall be the courts of England and Wales.

Provisions Applicable to Events Held in the United States of America: Except as prohibited by law, you agree that any claim, controversy or legal dispute arising out of or relating to this Agreement and Waiver (hereinafter, a “Dispute”) will be resolved through binding arbitration. This arbitration agreement is intended to be broadly interpreted and includes claims, controversies or disputes arising out of or relating to any aspect of the relationship between you and Active, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, all of which shall be considered within the definition of “Dispute.” This Agreement and Waiver fully incorporates by reference the entire Arbitration Agreement contained in Active’s Terms of Use (including, but not limited to, the waiver of a right to a jury trial and waiver of class-wide proceedings) (“Arbitration Agreement”), which is located at: http://www.activenetwork.com/information/terms-of-use.

You affirm you have had the opportunity to review the Arbitration Agreement and affirm you are expressly agreeing to comply with and be bound by the entirety of the Arbitration Agreement. This Agreement and Waiver evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (the “FAA”) governs the interpretation and enforcement of your agreement to arbitrate all Disputes hereunder. Delaware state law and procedures concerning arbitration shall apply any Disputes arising out of or relating to this Agreement and Waiver to the extent that they do not conflict with and are not inconsistent with the FAA.

SUNSHINE COAST TERMS AND CONDITIONS

TERMS AND CONDITIONS

The following are the terms and conditions of entry to this event. These terms are not negotiable and by accepting an entry to the event via the registration system on behalf of Atlas Events Pty Ltd and paying the entry fees you are hereby acknowledging your acceptance of our terms and conditions (For competitors under 18, a parent or guardian must accept).

WARNING: This is a legal document that affects your rights, if you are uncertain or uncomfortable with some of the condition of registration then we recommend that you obtain advice to ensure you understand and accept the conditions of entry before you enter and pay any fee.

YOUR WAIVER

I agree to participate in this event on the following basis:

1. I acknowledge that competitive sporting events involve the real risk of serious injury or even death from various causes including overexertion, equipment failure, dehydration, accidents with other competitors, spectators or road users, and course or weather conditions and other causes.

2. I understand that I should not participate in this event unless I have trained appropriately and will be in a fit state to complete the event safely. I acknowledge that if I am aware of an existing medical condition and uncertain of my state of fitness then a medical practitioner should verify my physical condition.

3. By participating, I accept all risks necessarily flowing from my participation that could result in injury, loss of life or permanent injury. Accordingly, I release all persons or corporations associated directly or indirectly with the conduct of the event from all claims demands and proceedings arising out of my participation and I hereby indemnify them against, all liability (including liability for their negligence and negligence of others) for all injury, loss or damage arising out of or connected with my participation in this event. This release shall extend to and include Atlas Events Pty Ltd and their respective directors and employees, event sponsors, event marshals, partners, managers, officers, agents, contractors, employees and volunteers including event medical and paramedical personnel, national and state/territory Triathlon Associations, Athletic associations and their representatives, the Police, city/town officials, marshals and Life Saving officials/guards. This release and indemnity continues forever and binds my heirs, executors, personal representatives and assigns.

4. I consent to receiving any medical treatment including ambulance transportation that event organizers and or medical personnel think desirable during or after the event, at my own expense.

5. I have advised in my entry registration any details of any medical or physical conditions from which I suffer that might affect my performance or be relevant if medical treatment is needed. I accept the risk of participating despite these conditions. I have supplied an emergency contact name and number, this person is contactable both during and after the event and is not another participant.

6. I understand that compulsory insurance cover affected for participants in this event may not cover me for all injury, loss or damage sustained by me.

7. Safety precautions undertaken by organisers (such as course supervision and race safety briefings) are a service to me and other participants but are not a guarantee of safety.

8. My registration is not transferable to other people. Any attempt to transfer my entry or allow another person to participate under my name without the event organisers knowledge may result in total cancellation without refund, insurance being deemed void and inability to enter further events offered by Atlas Event.

9. My event registration will incur an administration fee for transfers and/or cancellation and that the transfer and/or cancellation is at the discretion of Atlas Events. No refunds are offered unless otherwise specified on the event web site.

10. Event organisers may change the event format, course, date or other race conditions at their discretion due to Covid, government/other authorities policy and directions or travel restrictions. If that occurs, this agreement applies to the change.

11. I agree that if the event is cancelled or modified due to storm, rain, inclement weather, winds or other ‘Act of God’ conditions, Covid, travel restrictions or safety concerns, or if I do not participate in the event for any other reason, no part of my entry fee shall be refundable.

12. I agree to abide by all race results and directions issued by the event organiser and/or the relevant sport’s governing body.

13. I certify I may receive a race briefing at prior to race start that I will attend and abide by.

14. I acknowledge and consent to photographs and electronic images being taken of me before, during or after the event by an official representative of the event organiser. I acknowledge and agree that such photographs and electronic images are owned by the event organiser and that the event organiser and event sponsors may use the images, my name and my performance for promotional broadcasting, reporting purposes and/or other purposes at any time by any form of media without my further consent being necessary. The event organiser is not responsible for photographs and electronic images taken by persons who are not an official representative of the event organiser.

15. I agree to my name, email and contact details being included on the event database which may be used for promotional and commercial purposes. I acknowledge that Atlas Events Pty Ltd will add my email address to the event’s email list so I can be contacted via emails regarding information, offers and updates relating to this specific event. If I had previously unsubscribed then I agree that my new registration will resubscribe me to the event’s list.

16. I am fully responsible for the security of my personal possessions at the event even though I may use the “bag drop” facility if offered.

17. I acknowledge that I may receive a race timing band at all timed events and it is my responsibility to retain the timing band and not alter it in any way and I will return it at the end of the event if required. Failure to do so will render me to pay a replacement charge for the timing chip from Atlas Events.

18. I certify that I am 18 years of age or older, or I am the parent/legal guardian of a child under the age of 18 and I have read this document and understand and accept the terms and conditions it contains

I confirm that I accept the abovementioned conditions for me, my respective heirs, executors and administrators and I hereby waive all and any claim, right or cause of action for which I, my respective heirs, executors and administrators might otherwise have for or arising out of entering and participating in this event.

By joining a Bravo Charlie Runs tour, I acknowledge that I have read, understood, and agree to the terms and conditions above.