Terms & Conditions

Terms & Conditions

BALLY DAD'S CLUB 12KM CHALLENGE TERMS & CONDITIONS OF PARTICIPATION:

Thank you for registering to participate in the Bally Dad's Club 12km Challenge - 18 August 2024.

Please read these terms and conditions of participation carefully before accepting this acknowledgement, waiver and release from liability and potential claims based upon negligence or other claimed misconduct.

1. Bally Dad's Club 12km Challenge (the “Event”) is run by the Bally Dad's Club, its members, agents, volunteers and contractors (together “BDC12km”).
2. For the purposes of these terms and conditions, you agree that the Event organised by BDC12km is a recreational activity.
3. All references to the Event in these terms is a reference to all other activities associated with the Event, whether they are held before, during, or after the Event. By participating in BDC12km you are accepting these terms and conditions of participation, and agree to comply with them.
4. You acknowledge that if you are under the age of 18 (“Youth Participant”), this registration is provisional until these terms and conditions are accepted by your parent or guardian on the registration website or a signed copy is received by BDC12km.  By accepting these terms and conditions, the parent or guardian of the Youth Participant agrees to these terms and conditions on their own behalf and on behalf of the Youth Participant and all references to “You” and “Your” in these Terms and Conditions refer to both the Youth Participant and their parent or guardian.
5. BDC12km reserves the right, in its absolute discretion, to accept or refuse any applications for entry into the Event and disqualify entries if it considers such action to be appropriate. We may change these terms and conditions from time to time, without notification.

Risk Notice

1. You understand that participating in the Event may involve inherent risks of harm associated with physical exertion. Some of those risks are injury due to slippery or uneven surfaces, obstacles, trip hazards, overcrowding, collision with objects, vehicles 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, as well as blisters, cuts, and abrasions.  Injuries may also arise from exertion, including heart attack, fainting, and loss of consciousness.  Participation in the Event in a public place where people are present also increases your risk of exposure to and contraction of communicable disease(s), including but not limited to COVID-19.
2. You acknowledge that the above is not an exhaustive list of all risks inherent in your participation in the Event and that there may be risks that are not known or reasonably foreseeable at this time.
3. You warrant that you are in proper physical and mental condition and have no known medical conditions or disabilities that may be incompatible with your safe participation in the Event. You understand that BDC and Spoke to a Bloke recommends that you consult a doctor before participating in the Event if you have ever experienced medical conditions that may make it dangerous for you to participate in the Event.  Regardless of whether you have consulted a doctor, you agree that by participating in the Event, you are aware of the risks involved and you voluntarily assume those risks (including any arising from the negligence of BDC and Spoke to a Bloke).  This assumption of risk extends to any minors accompanying you on the Event.
4. You understand that BDC and Spoke to a Bloke has not obtained personal accident insurance or any other insurance covering your participation in the Event and it is your responsibility to obtain any and all insurance which is appropriate for that purpose.

Exclusion and Limitation of Liability

1. The Civil Liability Act 2002 (NSW) (“CLA”) permits a term of a contract for the supply of recreation services to exclude liability of the supplier for damages for harm resulting from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
2. You understand and agree that, to the extent permitted by law, BDC, Spoke to a Bloke and any event sponsor (and any of their directors, officers, employees, volunteers, agents, and representatives) exclude all liability for damages for any harm (including but not limited to personal injury or death, damage to property and economic loss and whether direct, indirect, special or consequential) from a failure to exercise reasonable care and skill, regardless of whether the claim is brought in tort (including in negligence), in contract, under statute or otherwise, where such liability results from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
3. You understand and agree that to the maximum extent permitted by law:

• 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 BDC, Spoke to a Bloke or Event sponsors (or their directors, officers, employees, volunteers, agents, and representatives) are excluded (including consumer guarantees to the extent such exclusions are permitted under the law);
• neither BDC, Spoke to a Bloke nor any Event sponsor (nor any of their directors, officers, employees, volunteers, agents, and representatives) will be liable to you or any other person 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 you or any other person in connection with the event; and
• in any circumstances where the above exclusions (or any of them) are held by a Court to be ineffective or unenforceable for any reason whatsoever, BDC and Spoke to a Bloke’s liability to you and to any other person is limited (at its option) to re-supplying, repairing, or replacing the service or the payment of the cost of supplying the service to you again.

1. Section 139A of the Competition and Consumer Act 2010 (Cth) ("CCA") permits a term of a contract for the supply to a consumer of recreational services, to exclude liability of the supplier for the death and personal injury arising from the failure to comply with a guarantee provided in sections 60 to 62 of the Australian Consumer Law.
2. You understand and agree that, to the extent permitted by section 139A of the CCA, BDC, Spoke to a Bloke and any Event sponsor (and any of their directors, officers, employees, volunteers, agents, and representatives) excludes all liability in connection with the supply of recreational services for:

• death;
• physical or mental injury;
• the aggravation, acceleration, or recurrence of a physical or mental injury;
• the contraction, aggravation, or acceleration of a disease; and
• the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual, that is or may be harmful or disadvantageous to the individual or community, or that may result in harm or disadvantage to the individual or community, resulting from a failure of BDC, Spoke to a Bloke or any event sponsor (or any of their directors, officers, employees, volunteers, agents, and representatives) to comply with a guarantee in sections 60-62 of the ACL.

This exclusion of liability does not apply where significant personal injury is caused by the reckless conduct of BDC, Spoke to a Bloke or any Event sponsor.

Release and Indemnity

1. You fully and irrevocably exclude and release BDC, Spoke to a Bloke and all Event sponsors, as well as their directors, officers, employees, volunteers, agents, and representatives, from all liability for any loss, damage, cost, or expense (whether in negligence, contract, under statute or otherwise) suffered by you as a consequence of:

• your involvement in the Event, including in relation to death and personal injury;
• in connection with or in respect of any breach of these terms; and
• in connection with the publication or distribution of any material or information, you supply to us. 

1. You acknowledge and agree that BDC and Spoke to a Bloke has given you sufficient time to carefully read and consider these terms of participation.
2. If any claim, including in relation to personal injury, property damage or wrongful death arising from your participation in the Event is commenced, you agree to indemnify and hold harmless BDC, Spoke to a Bloke and all the Event sponsors, as well as their directors, officers, employees, volunteers, agents, and representatives, from any and all loss, damage, cost, or expense in connection with such claim.

Public venue and persons giving directions

1. Where you participate in the Event on premises or property made available for the general public and community events, you agree to be bound by the rules and regulations that may apply to that premises or property. You also agree to follow the directions of anyone authorised to give directions whilst you are on the said premises or property.

Photographic Consent

1. You acknowledge that in the course of the Event, photographs, images, or film may be taken of you, either alone or in group shots with others. You agree to the use of your image in these photographs, images, or film in BDC and Spoke to a Bloke publications, or on social media sites or websites in the future.  You agree that BDC and Spoke to a Bloke may use your name in conjunction with any photographs or images of you.  You also agree that the photographs or film may be used by third party media organisations in connection with the publicity and reporting of the event publicly.

Governing Law and Jurisdiction

1. These terms of use and all other specific and additional terms which govern your use of and access to this website will be governed by and construed in accordance with the laws of the state of New South Wales, Australia, and you acknowledge that you submit to the non-exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts.

Acknowledgment

1. I acknowledge and agree that:

• the Event includes ‘recreational activity’ within the meaning of Section 5K of the Civil Liability Act 2002 (NSW) (‘recreational activity’);
• these terms and conditions form part of the contract for the supply of recreation services within the meaning of Section 5N(4) of the Civil Liability Act 2002 (NSW); and
• to the maximum extent permitted under law, I engage in the recreational activity solely at my own risk.