My Own Way Terms & Conditions of Participation

Date: 19/04/2016

 

In consideration of my application for entry into My Own Way being accepted, I accept these terms and conditions of participation in the event, intending to be legally bound for myself and my successors, executors and administrators.

‘My Own Way’ includes not only the My Own Way event, but all other activities relating to My Own Way, whether occurring before, during or after the event, and whether organised by Cancer Council Victoria or any other party (including me).

I agree to follow the rules, regulations and instructions of the organisers and Cancer Council Victoria. I understand that vehicles are parked at the owner's risk. I accept that the organisers and Cancer Council Victoria are not responsible for the security of my personal belongings.

I understand that participants under the age of 18 are required to have a parent or guardian read and accept these terms and conditions of entry on their behalf.

Cancer Council Victoria reserves the right, in its absolute discretion, to refuse your registration in My Own Way or to disqualify you from My Own Way for breach of these terms and conditions or for any other reason Cancer Council Victoria determines appropriate.

PHYSICAL RISK NOTICE

My Own Way is an event that involves physical exertion and as such has certain inherent risks associated with the activity. Included in these risks are injury due to slippery or uneven surfaces, obstacles, trip hazards, overcrowding, collision with objects or people and the effects of heat, cold, dehydration and exhaustion. Injuries may include injuries from falls such as broken bones, sprained muscles, injuries to ligaments, cartilage or other soft tissue, blisters, cuts and abrasions. Injuries may also arise from exertion such as heart attacks, fainting and loss of consciousness. If Cancer Council Victoria becomes aware that I am undertaking particularly risky or dangerous activity as part of My Own Way it may request that I refrain from that activity and I agree that I will comply with that request or have my entry into My Own Way cancelled. I acknowledge that Cancer Council Victoria has not undertaken an assessment of my ability to participate.

I understand that I may be at greater risk of illness or injury if I suffer an ongoing medical condition or a poor standard of health or fitness, or if I have pre-existing injuries. I understand that Cancer Council Victoria recommends that I consult a doctor particularly if I have ever experienced a heart condition, stroke, unexplained chest pains, faintness, dizziness, shortness of breath, severe asthma, diabetes, muscle, joint or bone problems or any other medical conditions that may make it dangerous for me to participate in physical activity and/or if I am in any doubt as to my fitness and whether to participate.

Regardless of whether I have consulted a doctor, I agree that by participating in My Own Way, I do so entirely at my own risk. I verify that I am in proper physical and mental condition to participate in My Own Way and acknowledge that I am aware of the risks involved and voluntarily agree to assume those risks.

I understand that Cancer Council Victoria has obtained no personal accident insurance covering my participation in My Own Way.

WAIVER AND INDEMNITY

I fully and irrevocably indemnify, and at all times hereafter keep indemnified, Cancer Council Victoria, and My Own Way sponsors (individually and collectively), including their directors, officers, staff, volunteers and representatives, from any liability (including for consequential loss, loss of profits and legal costs on a full indemnity basis) to any third party or other participant in My Own Way arising from my participation in My Own Way or as a direct or indirect result of any act or omission by me.

I fully and irrevocably indemnify, and at all times hereafter keep indemnified, Cancer Council Victoria, and My Own Way sponsors (individually and collectively), including their directors, officers, staff, volunteers and representatives, from any liability to any third party or other participant in My Own Way arising from my participation in My Own Way or connected with any breach of any of these terms and conditions by me.

CANCER COUNCIL VICTORIA'S LIABILITY

I understand and agree that to the maximum extent permitted by law:

Cancer Council Victoria excludes all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on Cancer Council Victoria (including consumer guarantees to the extent such exclusions are permitted in contracts relating to the supply of recreational services); Cancer Council Victoria excludes all liability to me or any third party in contract, tort (including negligence) or otherwise for any loss, damage, cost or expense of any kind (including direct, indirect or consequential losses, damages, costs and expenses) suffered or incurred by me or any third person in connection with the website of My Own Way; and where Cancer Council Victoria is unable to exclude liability, its liability to me is limited (at its option) to resupplying, repairing or replacing the service or the payment of the cost of supplying the service to me again.

If any provision in these terms and conditions is unenforceable, illegal or void, then the parties agree that the provision must be read down the minimum necessary to allow it to be enforceable whilst preserving as close as is possible the purpose of the provision. If the provision cannot be read down, it is severed and the rest of this document remains in force.

WEBSITES

I understand that information on the My Own Way website(s) and/or Cancer Council Victoria websites are intended as a guide only, and no reliance should be made upon any information as a definitive or complete statement of any scientific evidence. Information (where applicable) is not intended as medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who can determine an individual's health needs.

I acknowledge that the website is provided "as is", and Cancer Council Victoria gives no express warranties of any kind relating in any way to the website, including (i) warranties as to merchantability or fitness for a particular purpose; or (ii) a warranty that my access to or use of the website will be uninterrupted or error free, or that the website (including its content), or any emails received from Cancer Council Victoria, will be free from viruses (and, to this end, I should protect my software and systems by installing and implementing my own virus, security and system checks).

PHOTOGRAPHIC CONSENT

I acknowledge that in the course of My Own Way, photographs, images or film may be taken of me, either alone or in group shots with others. I agree to the use of my name, image in these photographs, images or film and for their use by any Cancer Council Victoria and any of their assignees or licensees for any purpose (including publicity, merchandising, editorial, education and fundraising) in any country and by any form of media without qualification (e.g. newspapers, magazines, other print publications, radio and television broadcasts, websites, webinars, podcasts and vodcasts) in perpetuity. I also agree that the photographs or film may be used by third party media organisations in connection with the reporting of My Own Way.

PRIVACY

I understand that Cancer Council Victoria collects two types of information through this website:

1. Personal or individually identifiable information that I provide; and

2. Standard web server/visitor traffic information such as ISP addresses, browser versions, referring websites, duration of visits and total visitor traffic. This information helps Cancer Council Victoria to understand how people use its website and assists Cancer Council Victoria to manage its site to better serve its audience.

Your Personal Information is being or has been collected by the Cancer Council Victoria to facilitate services or products requested by you and/or to keep you informed about Cancer Council Victoria related activities. We may send you information about programs, products, services, fundraising or other activities which we think may interest you. Your Personal Information may be provided to third parties where required by law or so that such third parties may provide Cancer Council Victoria with services, or where Cancer Council Victoria participates in data cooperatives and swaps. In so doing your Personal Information may be disclosed to overseas recipients.

Please refer to our Privacy Policy (which is available on the relevant Cancer Council Victoria website as listed at http://iwill.cancervic.org.au/about/siteinfo/privacy.html or on request by calling 1300 65 65 85 for further details. By providing your information to us you consent to your information being disclosed or used for this purpose. We will take reasonable steps to ensure that such third parties deal with your information appropriately. Please refer to our Privacy Policy, or details in the relevant communication, if you wish to unsubscribe. Our Privacy Policy also explains how you can contact us to access and correct your personal information or make a privacy complaint.

 


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