2020 Vic Falls Virtual Marathon Indemnity and T&C
VIC FALLS VIRTUAL MARATHON 2020 – TERMS & CONDITIONS AND INDEMNITY AGREEMENT
When entering for the 2020 VicFalls Virtual Marathon, Econet Marathon, Ecosure Fun Run and Steward Bank Relay – the following terms and conditions are agreed to when willingly entering:
- I acknowledge and agree that the sporting event known as the VicFalls Virtual Marathon which is organised and/or managed by the event organiser (“the event“) is an event which includes inherent risks of serious injury, illness, death and/or damage to participants, sports and other personal equipment.
- I acknowledge that the risks inherent in the event, include, but are not limited to risks arising from my skill and ability as a runner/walking athlete or any other named sport participant, my nutrition and fluid intake, my fitness and health prior to and during the event, the terrain which the event traverses, road surface, weather conditions, water conditions, vehicular traffic, the actions of other competitors, the event organiser, sponsors and their principals, representatives, agents and assigns. I undertake and agree to withdraw from participation in the event if advised or instructed by the event organiser to do so or if I, at any time, sense or observe any unusual hazard or unsafe condition and I am in any way concerned that it is unsafe for me to continue with the event or if I, in any way feel unable or unfit to safely continue with the event.
- I acknowledge and agree that the event may be cancelled due to forces beyond the event organiser’s control (with such forces including, but not limited to: any acts of God, strike, war, riots, fire, floods, legislation, insurrection, pandemic, Government sanctions and/or trade disputes) and that in such circumstances, the event organiser shall not be required to refund the event’s entry fee to me. I appreciate and understand the risks inherent in the event and my participation therein. I accept these risks and confirm that I participate in the event at my own sole and absolute risk.
- I undertake to follow all the rules of the event and all directions and/or instructions given to me by the event organiser and its principals, representatives, agents and assigns and understand that the event organiser’s events are sanctioned by IAAF & AIMS.
- I understand that I may be photographed and/or filmed before, during and after the event. I agree that the event organiser, the sponsors and their principals, representatives, agents and assigns may utilize any photographic, film or video image or likeness of me and my name for any legitimate purpose in connection with the event or future events to be organized by the event organiser.
- I acknowledge that, due to my participation in the event, the event organisers shall contact me from time to time (by means of electronic mail, the short message service and/or telephone calls) for purpose of: (i) communicating event related information; (ii) advertising certain products and/or services which may assist me in my preparation for, and performance in, the event; and/or (iii) advertising athletics and/or other running events organised and/or managed by the event organiser. Accordingly, I hereby consent to any such communication.
- Whilst reasonable safety and precautionary measures are taken by the event organiser – I acknowledge that for the 2020 Vic Falls Virtual Event, the route / course has been solely chosen by me, and the event and its organisers have no intimate knowledge of my chosen route, the safety of same, the actual distance of same and any other conditions related to my chosen route, and as such cannot be held responsible in any way for any claim whatsoever arising from death, injury or loss and/or damage to person or property occasioned as a result of my participation in the event.
- Parents or guardians authorising a minor’s participation in the Event, which shall prima facie be evidenced by their signature on entry forms, thereby consent to such minor being bound to the aforegoing and further indemnify the Parties to the extent, if any, to which such minor is not capable of waiving his/her rights as stipulated above
- I accordingly hereby indemnify and hold harmless the parties to the fullest extent possible in law, against any claims occasioned as a result of my participation in the event of whatsoever nature or howsoever caused, including, without limitation, any loss, injury, harm, illness, death or damage of whatsoever nature and howsoever caused arising directly or indirectly out of any act or omission, including negligent acts of negligent omissions by the parties, including any claim for consequential loss of damage, loss of profits or any claim by any of my dependants arising from events related to, in connection with or occasioned as a result of my participation in the event.
- I confirm that I understand the importance and the meaning of this liability disclaimer, the waiver of claims, and indemnity and that by agreeing hereto, I am waiving substantial legal rights (on my own behalf and on behalf of my dependants). I acknowledge that I have been free to secure independent legal and/or other advice as to the nature and effect of all the provisions of this liability disclaimer, waiver and indemnity and that I have either taken such independent legal and/or other advice or dispensed with the necessity of doing so.
- I confirm that I understand that no refunds or substitutions/changes for the 2020 Vic Falls Virtual event will be issued for any entries that have been confirmed and paid for,