THE MAY 50K - TERMS OF PARTICIPATION
Date of last revision: 23 February 2021
Challenge Risk Notice
The May 50K is a recreational activity that may involve inherent risks of harm associated with physical exertion. Some of those risks are injury due to slippery or uneven surfaces, obstacles, trip hazards, overcrowding, 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. By proceeding with your participation in The May 50K challenge, you understand and accept that the risks of participation are increased if you choose to participate in costume, in novelty shoes, using props, or if your movement is restricted.
Participation in the event in a public place where people are present also increases your risk of exposure to and contraction of communicable disease(s), including but not limited to COVID-19.
You acknowledge that the above is not an exhaustive list of all risks inherent in your participation in the event and that there may be risks that are not known or reasonably foreseeable at this time.
You warrant that you are in proper physical and mental condition and have no known medical conditions or disabilities that may be incompatible with your safe participation in the event. You understand that MS Research Australia/Kiss Goodbye to MS recommends that you consult a doctor before participating in the event, particularly if you have ever experienced medical conditions that may make it dangerous for you to participate in the challenge.
Regardless of whether you have consulted a doctor, you agree that by participating in The May 50K, you are aware of the risks involved and you voluntarily assume those risks (including any arising from the negligence of MS Research Australia/Kiss Goodbye to MS).
You understand that MS Research Australia/Kiss Goodbye to MS has not obtained personal accident insurance or any other insurance covering your participation in the challenge and it is your responsibility to obtain any and all insurance which is appropriate for that purpose.
You assume all risk to both you and your property during the challenge.
Exclusion and Limitation of Liability
The Civil Liability Act 2002 (NSW) ("CLA") permits a term of a contract for the supply of recreation services to exclude liability of the supplier for damages for harm resulting from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
You understand and agree that, to the extent permitted by law, MS Research Australia/Kiss Goodbye to MS and any challenge 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.
You 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 MS Research Australia/Kiss Goodbye to MS or challenge 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 MS Research Australia/Kiss Goodbye to MS nor any challenge sponsor (nor any of their directors, officers, employees, volunteers, agents, and representatives) will be liable to you 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 you or any other person in connection with the event; 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, MS Research Australia/Kiss Goodbye to MS’ liability to you and to any other person is limited (at its option) to re-supplying, repairing, or replacing the service or the payment of the cost of supplying the service to you 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.
You understand and agree that, to the extent permitted by section 139A of the CCA, MS Research Australia/Kiss Goodbye to MS and any challenge sponsor (and any of their directors, officers, employees, volunteers, agents, and representatives) excludes 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 MS Research Australia/Kiss Goodbye to MS or any challenge 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 MS Research Australia/Kiss Goodbye to MS or any challenge sponsor.
Pandemic and Communicable Disease Health Management
As part of The May 50K taking place amidst the COVID 19 pandemic, you agree to adhere to all public health rules and regulations notified to you by your local, state, or federal Government, other regulatory body, or the challenge venue.
If you are registering for The May 50K as part of a social or workplace team, as the team captain, you are responsible for knowing the contact details of all participants in your group. In the event you are contacted directly by the Government, including the Department of Health for the purposes of contact tracing, you must:
- make the contact details of your group available to the Government (if you have the consent of each group member to do so); or
- contact each member of your group, and request that they provide their contact details to the Government directly.
All participants in your group, including yourself, must commit to stopping the spread of COVID-19. If at any time during the challenge, either you or any other members of your group are feeling unwell or are subject to a self-quarantine or self-isolation period, you agree not to participate in the challenge.
KISS GOODBYE TO MS GENERAL TERMS & CONDITIONS
This section sets out the terms that apply to your use of The May 50K website. Your continued use of our website indicates to MS Research Australia/Kiss Goodbye to MS that you agree with the below General Terms. We may change these General Terms from time to time, so please check back regularly.
- Content created by MS Research Australia/Kiss Goodbye to MS owns or licences from third parties all of the trademarks, copyright and other intellectual property that exists in our website. You must not copy or reproduce in any form any of the graphics, logos or other material on our website unless you have our specific permission. For the avoidance of doubt, you have our permission to download material from the resource page on our website. For permission to reproduce material please contact MS Research Australia head office.
- Content posted by you – Any content that you post to our website (eg photos and videos) is your responsibility, and you must make sure that you have the necessary rights to post that content (eg by obtaining permission of copyright owners if necessary). By posting any content, you also give MS Research Australia/Kiss Goodbye to MS a non-exclusive, transferable, royalty-free worldwide right to use and reproduce that content.
- Keeping our website safe – We need your help to keep our website safe. Therefore, you must adhere to the following: a. You must not collect user’s content using automated means a. You must not upload viruses or other malicious code b. You must not bully, intimidate or harass anyone c. You must not post any content that infringes or violates someone else’s rights, or otherwise violates the law, or that is hateful, threatening, pornographic or violent.
- MS Research Australia/Kiss Goodbye to MS’ disclaimer – we take great care with our website and we endeavour to keep it accurate, error-free and free of any offensive material. However, you use the site at your own risk and MS Research Australia/Kiss Goodbye to MS will not be liable for any costs or losses you incur through your use of our website. Whilst we may include on our website links to third party websites or resources, MS Research Australia/Kiss Goodbye to MS is not responsible for such third parties and you use those websites or resources at your own risk.
- Hosting a Kiss Goodbye to MS/The May 50K event – if you register to host an event you will be issued an Authority to Fundraise letter. Please be aware that organising and running the event is your responsibility. You will be responsible for taking care of all permits, permissions or other similar issues arising from the event that you organise and MS Research Australia/Kiss Goodbye to MS will not have any liability in relation to any injury, damage or loss at a Kiss Goodbye to MS event, unless MS Research Australia has issued Public Liability Insurance to you.
- Refunds Policy for Donations – Kiss Goodbye to MS is happy to refund your donation if you have made it in error. If you wish to request a refund then please contact us on email@example.com.
- Refunds Policy for Merchandise – Kiss Goodbye to MS is happy to offer a refund or exchange for goods purchased online if they are found to be faulty or damaged. If you wish to request a refund or exchange then please contact us using the contact details in the Contact Us section of the Kiss Goodbye to MS website. We regret that we are unable to offer refunds for any other reasons.
- Privacy statement – MS Research Australia/Kiss Goodbye to MS is committed to respecting and protecting your privacy. We have structured our website so that, in general, you can visit the Kiss Goodbye to MS and The May 50K website without identifying yourself or revealing any personal information. Once you choose to provide us personally identifiable information (any information by which you can be identified), you can be assured that it will only be used to support your contact/client relationship with MS Research Australia/Kiss Goodbye to MS.
- MS Research Australia/Kiss Goodbye to MS’ rights – MS Research Australia/Kiss Goodbye to MS may remove any content posted by you, or prevent access by you to our website if you do not comply with these General Terms. Any failure by Kiss Goodbye to MS to enforce our rights under these General Terms if you do not comply is not a waiver and we remain entitled to enforce our rights in relation to that or any other non-compliance by you.
- Entities and governing law – the Kiss Goodbye to MS entity and relevant law governing these General Terms form an agreement between you and MS Research Australia, subject to the laws of New South Wales, Australia.