Terms
Participant Waiver
Agreement, waiver, release of claims, warning of risk and assumption of risk Participants must read this document carefully before registering and buying tickets for an activity. The participant waiver has important legal consequences and affects your legal rights and will limit or eliminate your ability to bring future legal actions. It is a condition of entry that all participants accept these conditions. I understand that, by registering and paying for tickets to an Ascent Fitness activity, I am legally agreeing to all of the following statements in exchange for being permitted to participate in the activity.
1. I acknowledge and accept that participating in a John Frederick Ralph, ABN: 56 724 185 064, Sole Trader t/a Ascent Fitness (“Ascent Fitness”) activity is an inherently dangerous activity that includes all manner of extreme obstacles and activities both natural and man made and may include, but is not limited to walking, climbing, rope swings, running, swimming, mud and water activities, running amongst cows, being exposed to electric shocks and other various unspecified activities and these constitute a dangerous recreational activity pursuant to the Civil Liability Act (Tas) 2002 and that participation in the related activities involves a significant risk of physical and mental harm or personal injury including permanent disability and/or death. I am aware of the hazards involved in participating in the event, due to the nature of the event, which include, but are not limited to, vehicle and pedestrian traffic, actions of participants and spectators, weather conditions, animals and wildlife, hypothermia or heat exhaustion, slippery and uneven surfaces or suitability of participant’s equipment. I acknowledge and accept that any such injury may result not only arise from my actions (including physical exertion) but also from the actions, omissions or negligence of others.
2. I warrant I have sufficient and necessary competence, experience and equipment to participate in all event activities in a manner safe to myself and others. I acknowledge that further risks of participating in the activity include, but are not limited to, the remoteness of the activity from medical aid and professional assistance.
3. I understand that I am strongly advised to consult a medical practitioner prior to participating in Ascent Fitness activities, especially if I am pregnant, disabled, or have recently suffered any illness, injury or impairment. I agree that it is my responsibility to determine whether I am sufficiently fit, healthy, skilled and physically trained to safely participate in Ascent Fitness activities, and hereby represent that on the date of the activity I will be in good health and proper physical condition and that I have no known physical, medical or mental conditions that would affect my ability, or that would result in my participation creating a risk of danger to myself or others, which is greater than the risk assumed by a healthy person of a similar age as me. I further warrant I have not been advised or cautioned otherwise by a medical practitioner not to participate in the event.
4. I understand and agree that in the first instance I am responsible for the provision of first aid to myself and those around me. I am responsible for my and my team’s timely removal from the course to a medical facility, if needs be. I also give my consent to receive any first aid and medical treatment which may be deemed advisable in the event of accident, injury and/or illness as a result of my involvement in Ascent Fitness activities.
5. I agree that Ascent Fitness is the exclusive occupier and not the owner, of the activity site, which may include public land, and understand and agree that the owner of the activity site owes no duty of care or contractual obligations to me.
6. I acknowledge and accept that there is a potential risk of loss, theft, damage and destruction to my personal property during the activity. I agree that I am solely responsible for my personal possessions and equipment before, during and after the event.
7. In consideration of being allowed to participate in the Ascent Fitness activity, I (on my own behalf and on behalf of my executors, administrators, heirs, next of kin, successors and assigns):
(a) to the maximum extent permitted by law, agree that Ascent Fitness including its officers employees, agents, events sponsors, volunteers, community organisations, all State, Federal and Local Government authorities in which the event may be staged and the owners, licensees or occupiers of any property which I enter and their respective officers, directors, employees, independent contractors, sponsors, representatives, agents, members and volunteers, including medical and paramedical personnel shall not be liable to any person whether in contract tort, under statute or otherwise for any injury, loss, damage, death, economic loss whatsoever suffered by you, whether consequential, direct or indirect, caused by or connected with your participation in the activity (collectively referred to as the “harm”), including harm suffered by you due to any person’s negligence.
(b) irrevocably indemnify and hold harmless the persons or entities mentioned in paragraph 7.(a) from any and all liabilities, claims or actions (including negligence) whatever or however caused, arising as a result or in connection with, directly or indirectly, my participation in and travelling to and from the event, including any claim by my (or my teams) support crew or any person assisting me or my team.
8. I accept that any event policies relating to communications, search, rescue and medical aid arrangements and all other policies published by the organisers and each of which will be made available on my request
9. I understand that the organiser’s public liability insurance is limited and does not (and is not required by me to) cover or protect me from any injury or damage I cause, whether to me or to others, or any loss I sustain or caused by me whilst participating in the event (and before and after the event) and I am strongly advised to obtain and am responsible for obtaining my own insurances and cover (including general medical insurance, personal accident insurance and ambulance cover).
10. I understand that the organisers reserve the right to alter the advertised course, close or withdraw obstacles, to postpone, reschedule or cancel the event if conditions warrant it or otherwise at the organiser’s sole discretion, including for the following reasons: if natural or man‐made emergencies make administering the event unreasonably due to weather conditions, natural disaster, acts of god, terrorism, war or any other reason (at the organiser’s sole discretion), and that my entry fee will be non‐refundable.
11. I agree to act appropriately at all times during the activity, including obeying all laws, regulations, event rules and directions of officials and I understand that my entry may be voided if through my actions or behaviour, in the opinions of the organisers, I have broken these rules, any law or regulation or brought the event into disrepute. I further understand that the organisers reserve the right to reject any entry without having to justify their actions.
12. I grant permission to Ascent Fitness (and its affiliates or contractors) to record and photograph my involvement in the event (the “Recordings”) and to use such Recordings (including all content on those Recordings) in any media and for any purpose without crediting me and without payment and/or compensation to me. The Recordings are the sole property of Ascent Fitness to use for any purpose, including but not limited to promoting, advertising and marketing activities. To the extent I may own the Recordings or any content in the Recordings; I hereby assign the Recordings and such content to Ascent Fitness.
13. I agree that I am responsible, entirely, for the welfare, behaviour and actions of any dog or other animal that I cause to be present during my participation in the Great Lonnie Stomp and that there is no liability borne by Ascent Fitness, its employees or other operatives.
I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of claims. I agree to the terms on my own free act and deed. If you are a parent of a participant under the age of 18, you hereby grant permission for the participant to participate in The Great Lonnie Stomp. You have carefully read and understand, accept and agree to the terms on this Participant Waiver and have explained its terms to the participant and warrant that the participant understands and accepts the terms of this Participant Waiver.
If you have any queries or complaints about our Participant Disclaimer please contact us at:
Ascent Fitness ABN: 56 724 185 064 48 Herbert St Invermay Tas 7248 [email protected] +61-409412590