Representation, Waiver and Indemnity
All participants agree to the following event waiver
I choose to participate in Peter MacCallum Cancer Foundation’s Walk to Fight Cancer in 2022, along with various pre and post event activities (“Event”), which may include (but are not limited to) physical training activities. I acknowledge that my participation in all activities associated with Walk to Fight Cancer is voluntary, and that I alone am responsible for my health and safety and for any personal possessions I bring with me or use for these activities.
By registering for Walk to Fight Cancer, I hereby represent to Peter MacCallum Cancer Foundation and Peter MacCallum Cancer Institute (collectively “Peter Mac”), and to their respective directors, officers, agents and employees and to any company involved in the sponsorship of the Event (“Co-Sponsor”) and to any company involved with the conduct of the Event (“Event Parties”), as well as to the respective directors, owners, officers, agents, employees, successors and assigns of the Co-Sponsor and the Event Parties, (each and all of the foregoing a “Relevant Person”), that:
- I have full legal authority to complete this Entry Form and warrant that I will be over the age of 18 on 13 October 2022;
- I understand that participation in the Event is potentially hazardous and that I should not participate unless I am medically assessed as able to do so. I further understand that participation in the Event contains risks that cannot be eliminated or ruled out including, but not limited to, minor, catastrophic or fatal injuries, as a result of weather conditions, unforeseen acts or omissions by third parties or any other cause whatsoever and howsoever arising; I also understand that I must adhere to all public health rules and regulations set out by local, state or federal government, or other regulatory body when participating in the Event, to mitigate risk of exposure to and/or contraction of communicable diseases, including but not limited to COVID-19;
- In participating or in consideration of being permitted to participate in the Event, I hereby assume full responsibility for any and all risks to my person and/or to my property pursuant to such participation and any ancillary activities connected to, or associated herewith. I understand that the Event Parties have not obtained personal accident insurance or any other insurance covering my participation in the Event, and that I am responsible for obtaining any and all insurance appropriate to my participation in the Event. I hereby irrevocably and unconditionally release and discharge each of the Relevant Persons from any liability and hereby irrevocably and unconditionally waive and agree not to bring or permit to be brought, any claim, action or application against any of the Relevant Persons as a result of any injury including death, loss or damage that I may suffer or incur, or for which I may become liable as a result of, or in connection with, my participation in the Event;
- I agree that all donations received from my Event fundraising are non-refundable or transferable once paid;
- I understand that my contact details will be used to keep me informed about Walk to Fight Cancer, and to keep me up to date on the work of Peter Mac. I can opt out of communication at any stage;
- I agree that the information I have provided at registration, along with the personal story and image I post publicly on my Walk to Fight Cancer fundraising page may be shared with and used by the Event Parties for the purpose of helping to enable the mission of Peter Mac;
- I acknowledge that my name, image and fundraising total may be publicly shared for the purposes of publicly acknowledging my contribution to Peter Mac’s work, or for the purpose of helping to enable the mission of Peter Mac;
- Subject to 5 above, I consent to the collection, use and/or disclosure of my personal data by the Event Parties for the conduct, planning, organisation, administration, management, promotion or execution of the Event, for related purposes in connection with my participation in or registration for the Event, for the offering of products and services related or relevant to the Event to me, for compliance with applicable laws and regulations and for the performance of the Event Parties and/or their direct and indirect subsidiaries performance of activities relating to their internal compliance requirements. I acknowledge that in the course of such collection, use and/or disclosure, relevant personal data may be transferred outside of Australia;
Having read and agreed to the conditions of participation as contained herein, and knowing the truthfulness of the information that I have disclosed at registration, in consideration of the acceptance of this application, to the maximum extent permitted by law, I, for myself and for anyone for whom I am legally entitled to act, waive and release the Event Parties, including Peter MacCallum Cancer Foundation, Peter MacCallum Cancer Institute and HomeMade Digital Australia Pty Ltd, the directors, employees and representatives of the foregoing, from any claims or liabilities of any kind arising in connection with my participation in the Event even though such claims or liabilities may arise out of negligence of any such party. I agree to indemnify and keep indemnified the Event Parties and all of their officers, directors, employees, agents, representatives, successors and assigns, and each of them jointly and severally, of and from against all actions, suits, demands, claims, proceedings, costs, expenses (including reasonable attorney’s fees), liabilities and judgements whatsoever (including without limitation for negligence, breach of contract and/or breach of statute) arising out of, in connection with, or in relation to my participation in the Event and/or my commencement of any action, suit or proceeding now or in the future with respect to any matters waived, released or consented to under this waiver, including without limitation any claims for invasion of privacy or publicity or unintentional errors occurring in such use and publication.