By subscribing or participating in our Run the Tan RUN CLUB you are hereby accepting the waiver terms outlined below:
1. Risk, liability and indemnity
1.1 You acknowledge that participation in any Event can be inherently dangerous and that You may be exposed to certain risks during the Event including, but not limited to, overexertion, equipment failure, dehydration, serious accidents, and risks associated with the course and adverse weather conditions. These risks can and often eventuate and they may result in You being personally injured or killed or Your property being damaged or the event being cancelled. By entering into or participating in any event or activity for the Run Club You agree that:
1.1.1 You have read and understood the risks associated with participating in any event or activity for the Run Club and this warning, and accept and assume the inherent risks in participating in the Event.
1.1.2 You are fully responsible for Your own personal health & safety at all times and the security of Your personal possessions at any event or activity for the Run Club including other valuable items. You agree that Run the TAN is not responsible or liable for your health & safety or the repair or replacement of any personal possessions whether lost, damaged, stolen or otherwise.
1.1.3 You acknowledge that where You are a consumer of recreational services, as defined by the Competition and Consumer Act 2010 (Cth) or any relevant state law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. You acknowledge that these implied terms and rights and any liability of Run the TAN flowing from them, are expressly excluded to the extent permitted by law. To the extent of any liability arising, the liability of Run the TAN, at its discretion, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the entry fee relating to the Event.
2 Release and indemnity
In consideration of Run the TAN accepting your participation in any event or activity for the Run Club, You, on behalf of yourself, Your heirs, executors and administrators, to the extent permitted by law:
2.1 release Run the TAN and the Associates from all Claims that You have or may have had but for this release arising from or in connection with Your participation any event or activity for the Run Club; and
2.2 indemnify Run the TAN and the Associates and will keep Run The TAN and the Associates indemnified in respect of any Claim (including for negligence, breach of contract or breach of Statute) by any person including another participant in the Event arising as a result of, in connection with, or in relation to Your participation in any event or activity for the Run Club or arising as a result of You transferring Your entry in the Event to another person or arising from You permitting another person to participate in the Event in Your stead. This indemnity may be pleaded as a bar to any Claims. The releases and indemnities in the Waiver continue forever and bind You, Your heirs, executors, personal representatives and assigns.
2.3 A term of this clause 2 will not apply where the term contravenes the law of the relevant jurisdiction under which any legal action is legitimately taken however such terms are severable and do not invalidate the remaining terms.
You acknowledge and agree that any insurance which is in place may provide limited cover to You whilst participating in any event or activity for the Run Club. You understand that this insurance may not cover You for all injury, loss or damage sustained by You in participating in the Event and You acknowledge that Run the TAN does not make any representations about the suitability of the insurance. You also agree that You can, in Your own interests and at Your own expense, seek and obtain personal insurance over and above the cover provided by Run the TAN.
You consent to the Event organisers using Your name, image, video, likeness, voice, statement and also Your performance any event or activity for the Run Club (including the publication of Your name and/or Event results, suburb and applicable age bracket on Run the TAN’s website, Facebook an Instagram page), at any time, to promote any event or activity for the Run Club or any future similar events by any form of media.