Run for autism Terms & Conditions of Participation
In consideration of my application for entry into Run for autism 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. Run for autism includes not only Run for autism challenge event, but all other activities relating to Run for autism, whether occurring before, during or after the event, and whether organised by Autism Spectrum Australia or any other party (including me).
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.
Autism Spectrum Australia reserves the right, in its absolute discretion, to refuse your registration in Run for autism or to disqualify you from Run for autism for breach of these terms and conditions or for any other reason Autism Spectrum Australia determines appropriate.
Physical Risk Notice
Run for autism is a recreational activity that involves inherent risks of harm associated with physical exertion. Some of those risks are injury due to slippery or uneven surfaces, obstacles, trip hazards, 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, as well as blisters, cuts and abrasions. Injuries may also arise from exertion, including heart attack, fainting and loss of consciousness. I understand and accept that the risks of participation in Run for autism are increased if I choose to participate in costume, in novelty shoes, using props, or if my running movement is restricted.
I acknowledge that the above is not an exhaustive list of all risks inherent in my participation in Run for autism. I further acknowledge that there may be risks that are not known or reasonably foreseeable at this time.
I warrant that I am in proper physical and mental condition and have no known medical conditions or disabilities that may be incompatible with my safe participation in Run for autism. I understand that Autism Spectrum Australia recommends that I consult a doctor before participating in Run for autism, particularly if I have ever experienced medical conditions that may make it dangerous for me to participate in Run for autism.
Regardless of whether I have consulted a doctor. I agree that by participating in Run for autism, I am aware of the risks involved and I voluntarily assume those risks (including any arising from the negligence of Autism Spectrum Australia).
I understand that Autism Spectrum Australia has obtained no personal accident insurance or any other insurance covering my participation in Run for autism and it is my responsibility to obtain any and all insurance which is appropriate for that purpose. Including any associated fundraising activities.
I acknowledge that during Run for autism both my person and my property shall be at my own risk.
If Autism Spectrum Australia becomes aware that I am undertaking particularly risky or dangerous activity as part of Run for autism it may request that I refrain from that activity and I agree that will comply with that request or have my entry into Run for autism cancelled. I acknowledge that Autism Spectrum Australia has not undertaken an assessment of my ability to participate.
Waiver and indemnity
I fully and irrevocably exclude and release Autism Spectrum Australia and Run for autism sponsors (individually and collectively), including their directors, officers, staff, volunteers and representatives, from all liability for any loss, damage, cost or expense (whether in negligence, contract, under statute or otherwise) suffered by me as a consequence of my involvement in Run for autism, including in relation to death and personal injury.
I further agree that if any claim, including in relation to personal injury, property damage or wrongful death arising from my participation in Run for autism is commenced, I will indemnify and hold harmless Autism Spectrum Australia and all Run for autism 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.
Autism Spectrum Australia’s liability
The Civil Liability Act 2002 (NSW) (“CLA”) permits a term of a contract for the supply of recreation services to exclude the liability of the supplier for damages for harm resulting from a breach of an express or implied warranty that the services will be rendered with reasonable care and skill. I understand and agree that, to the extent permitted by law, Autism Spectrum Australia and any Run for autism 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.
I 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 Autism Spectrum Australia or Run for autism 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 Autism Spectrum Australia nor any Run for autism sponsor (nor any of their directors, officers, employees, volunteers, agents and representatives) will be liable to me 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 me or any other person in connection with Run for autism; 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, Autism Spectrum Australia's liability to me and to any other person 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. 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. I understand and agree that, to the extent permitted by section 139A of the CCA, Autism Spectrum Australia and any Run for autism sponsor (and any of their directors, officers, employees, volunteers, agents and representatives) exclude all liability in connection with the supply of recreational services for:
- 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 Autism Spectrum Australia or any Run for autism 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 Autism Spectrum Australia or any Run for autism sponsor.
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.
I understand that Run for autism is a personal challenge event whereby I am challenging myself to Run from Sunday 31st October to Sunday 7th November. Run for autism is not a race. However, while there are no ‘winners’, the leader board on the website will display the names of participants who have completed the most kilometres. I acknowledge that I am responsible for tracking my kilometres and updating my personal fundraising page.
I understand that information on Run for autism website(s) and/or Autism Spectrum Australia 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 Autism Spectrum Australia 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 Autism Spectrum Australia, 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).
I acknowledge that in the course of Run for autism, 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 Autism Spectrum Australia 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 Run for autism.
Where I share, post or upload photos or videos (“Images”) to Run for autism website, or tag or link Autism Spectrum Australia or Run for autism in such content on social media, I consent to the following:
- I give Autism Spectrum Australia permission to use, distribute, modify, display and create derivative works from the Images in promotional collateral and on Autism Spectrum Australia websites, publications and on any other medium now or in the future in perpetuity. I waive any right to review or approve any uses of the Images.
- Where I, or any of the subjects of Images, are identified or identifiable in the Images I provide, I give Autism Spectrum Australia permission to identify me and the other subjects by name.
- I am not entitled to any remuneration or compensation from Autism Spectrum Australia or the Autism Spectrum Australia Affiliates for the Images.
- I confirm that:
- I am the creator and the copyright owner of any Images I share, post or upload to Run for autism Website, or tag Autism Spectrum Australia or Run for autism in on social media, and
- I have the permission or consent of all persons who are captured and identifiable in the Images I provide to Autism Spectrum Australia (including parental consent if the subject is under the age of 16).
I understand that Autism Spectrum Australia 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 Autism Spectrum Australia to understand how people use its website and assists Autism Spectrum Australia to manage its site to better serve its audience.
Your Personal Information is being or has been collected by the Autism Spectrum Australia to facilitate services or products requested by you and/or to keep you informed about Autism Spectrum Australia 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 Autism Spectrum Australia with services, or where Autism Spectrum Australia participates in data cooperatives and swaps.
Copyright to material associated with Run for autism and the Website belongs to Autism Spectrum Australia. The Entrant is granted permission to browse this material, including making temporary copies to facilitate such browsing, to create links to these pages and print a hard copy for personal use.
The Entrant may reprint the Information without permission from the Website provided it makes appropriate acknowledgment and the integrity of the source document is maintained. Logos and marks of Autism Spectrum Australia and marks in connection with Run for autism may be used in connection with fundraising for Run for autism and other non-commercial uses for promoting the Run but must otherwise only be used with the express, prior written consent and approval of Autism Spectrum Australia.