RUNTHROUGH AUSTRALIA PARTICIPANT WAIVER
PARTICIPANT WAIVER: RISK WARNING, ASSUMPTION OF RISK, RELEASE AND INDEMNITY
GW Active Ltd, trading as RunThrough Australia, Unit 101/102 Image Court, 328-334 Molesey Road, Walton-on-Thames, Surrey, KT12 3PD, United Kingdom. Full Terms & Conditions: https://www.runthroughaustralia.com/terms

In consideration of GW Active Ltd, trading as RunThrough Australia, accepting my entry and allowing me to take part in a RunThrough Australia event (the "Event"), I, for myself and on behalf of my dependants, heirs, next of kin, executors, administrators and legal representatives, agree to the following. Where I enter on behalf of a child under 18, "I" includes me acting as that child's parent or legal guardian.

8.1 MY REPRESENTATIONS
I represent that: (a) I am at least 18 years of age, or this agreement is also accepted by my parent or legal guardian under Section 8.11; (b) I am in good health and in proper physical condition to take part in the distance I have entered, I have trained for it, and I have consulted a doctor about any condition that could affect my safe participation; (c) I will not take part while under the influence of alcohol or any drug that could impair my ability to participate safely; and (d) it is my responsibility to decide whether I am fit enough to take part and to look after my own safety at all times while at the Event.
I have entered voluntarily. No one is required to enter a RunThrough Australia event, and I have had the opportunity to read this agreement, to ask questions about it, and to decide not to enter.

8.2 RISK WARNING
RISK WARNING. Running events, including road, park, lakeside, trail and multi-lap running events, are recreational activities that involve a significant degree of physical exertion and a significant risk of physical harm. The risks of taking part (the "Risks") include, without limitation: serious injury, illness (including communicable disease), permanent disability, paralysis and death; heart attack, stroke, heat illness, hypothermia, dehydration, exhaustion, muscle and joint injury and other consequences of strenuous exercise; falls; collisions and contact with other participants, spectators, volunteers, event staff, vehicles, bicycles, wildlife and natural or man-made objects; uneven, wet, loose, cambered or damaged surfaces, kerbs, potholes, matting, cables, cones, barriers and other course furniture; traffic and road, path and park conditions; the effects of weather, heat, humidity, UV, cold, wind, rain, storms and poor air quality including bushfire smoke; water hazards; equipment failure; inadequate or ineffective safety measures; the varying skill and behaviour of other participants; the hazards of an outdoor, uncontrolled environment; and other risks that are not readily foreseeable and presently unknown.
I understand that these Risks may be caused in whole or in part by my own actions or inactions, by the actions or inactions of other participants or members of the public, or by the actions, inactions or negligence of the Released Parties, including the condition of the course and the way the Event is organised and run. I acknowledge that this warning is given for the purposes of the Civil Liability Act 2002 (NSW) and the equivalent laws of the other states and territories in which events are held.

8.3 ASSUMPTION OF RISK
I KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL OF THE RISKS, KNOWN AND UNKNOWN, INCLUDING RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, AND I ACCEPT FULL RESPONSIBILITY FOR ANY INJURY, ILLNESS, DEATH, LOSS, DAMAGE OR EXPENSE THAT RESULTS FROM MY PARTICIPATION, except to the extent caused by the reckless conduct, gross negligence or intentional wrongdoing of a Released Party, and subject always to Section 8.4.
If I see an unusual or significant hazard on the course or at the venue, I will stop, keep myself safe and tell the nearest marshal or official. If I decide before the start that conditions are not safe for me, I will not start, and the transfer in Section 6 of the Terms applies.

8.4 RELEASE, EXCLUSION OF LIABILITY AND YOUR CONSUMER RIGHTS
TO THE FULLEST EXTENT PERMITTED BY LAW, I RELEASE AND DISCHARGE THE RELEASED PARTIES FROM, AND AGREE NOT TO MAKE A CLAIM AGAINST THEM FOR, ANY LIABILITY, CLAIM, DEMAND, CAUSE OF ACTION, DAMAGE, LOSS OR EXPENSE (INCLUDING LEGAL COSTS) OF ANY KIND ARISING OUT OF, RESULTING FROM OR RELATING IN ANY WAY TO MY PARTICIPATION IN OR PRESENCE AT THE EVENT, INCLUDING TRAVEL TO AND FROM IT, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE, AND INCLUDING CLAIMS FOR PERSONAL INJURY, DEATH, ILLNESS, AND LOSS OF OR DAMAGE TO PROPERTY.
Australian Consumer Law. The Event is a recreational service. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. To the extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth) and the equivalent state and territory laws, the Released Parties exclude all liability for death, physical or mental injury (including the aggravation, acceleration or recurrence of an injury or illness), the contraction, aggravation or acceleration of a disease, or a condition that may be harmful or disadvantageous to me or the community, that results from a failure to comply with the consumer guarantee that services will be rendered with due care and skill, or will be fit for their purpose. This exclusion does not apply to significant personal injury caused by the reckless conduct of a Released Party, and nothing in this agreement excludes, restricts or modifies any right or remedy that the law does not allow to be excluded, restricted or modified.
This release does not extend to liability for reckless conduct, gross negligence, fraud or intentional wrongdoing, or to any other liability that the law of the state or territory in which the Event takes place does not allow to be released. It applies to claims I know about now and to claims I do not yet know about, and it is binding on my heirs, executors, administrators, next of kin and assigns.

8.5 THE RELEASED PARTIES
"Released Parties" means, individually and collectively, as relevant and applicable in each instance: GW Active Ltd, trading as RunThrough and RunThrough Australia, and its parent, subsidiary, affiliated and sister companies; the race director and organising team; the Event's sponsors, partners, advertisers and charities; the owners, operators, trustees and managers of the venues, parks, roads, paths, facilities and property on which the Event takes place, including the Sydney International Regatta Centre, the Sydney Olympic Park Authority, Parks Victoria and the Royal Botanic Gardens Victoria, to the extent the law permits their release; the Commonwealth, state, territory, council and park authorities and agencies that permit, host or support the Event, including police, fire and ambulance services, to the extent the law permits their release; our entry, timing, results, photography, medical, security, traffic management, equipment and other contractors and suppliers; volunteers, marshals, pacers and officials; and each of their respective officers, directors, partners, members, shareholders, employees, agents, representatives, volunteers, successors and assigns.

8.6 INDEMNITY
I agree to indemnify and hold harmless the Released Parties from and against any liability, claim, demand, loss, damage, cost or expense (including reasonable legal costs) that arises from my actions or omissions at the Event, my breach of the Terms or the rules of the Event, or any claim brought by me or on my behalf that is barred by this agreement, except to the extent caused by the reckless conduct, gross negligence or intentional wrongdoing of a Released Party.

8.7 MEDICAL TREATMENT AND INFORMATION
I consent to receive first aid, emergency medical treatment, medication and transport, including by ambulance, if the Event medical team, a marshal, an official or emergency services consider it necessary, and I release and indemnify the Released Parties from any claim arising from that treatment or from a decision not to treat me, to the extent the law allows. I will pay for any medical care and ambulance transport I receive, and I understand that ambulance cover is not included in my entry. I authorise the Released Parties to share my name, date of birth, emergency contact and any medical information I have provided with the Event medical provider, emergency services and hospital staff, and I authorise those providers to share information about my treatment with the Event organisers for safety and reporting purposes.

8.8 PROPERTY, EQUIPMENT AND INSURANCE
The Released Parties are not responsible for loss of, theft of or damage to my personal property before, during or after the Event, including items left at the bag drop, which is provided as a courtesy and which I use at my own risk. I am responsible for making sure any clothing, footwear and equipment I use is safe and suitable. I understand that the Released Parties do not provide health, accident, ambulance, travel or property insurance for me, and I confirm that I hold, or accept the consequences of not holding, my own.

8.9 WHAT MY ENTRY FEE IS FOR
I understand that my entry fee pays for the organisation of, and my participation in, a timed running event held on roads, paths and park land under permits and venue agreements. It includes GST where applicable and the booking fee charged by our entry platform.

8.10 EVENTS ON PUBLIC AND MANAGED LAND
Events take place on land managed by state agencies, councils and venue operators under a permit or hire agreement, for example the Sydney International Regatta Centre (a NSW Government venue), Sydney Olympic Park (Sydney Olympic Park Authority), Albert Park (Parks Victoria) and the Tan Track (Royal Botanic Gardens Victoria). Where a permit condition or the law limits the release a permit holder may ask participants to give, this agreement operates as my acknowledgement and assumption of the Risks and as a release of the other Released Parties, and it releases the permitting agency only to the extent the permit and the law allow. I will follow the venue's own rules, which are published on the event page.

8.11 PARTICIPANTS UNDER 18
If the participant is under 18, this agreement is accepted by a parent or legal guardian (the "Guardian"), who confirms that they have legal authority to do so. The Guardian: (a) acknowledges that the Event is a recreational activity with a significant risk of physical harm and has read the risk warning in Section 8.2; (b) has explained the Risks to the child and confirms the child is fit and trained for the distance entered; (c) releases and agrees not to make a claim against the Released Parties in respect of the Guardian's own claims arising from the child's participation, including claims for medical expenses and loss of services, to the same extent as Section 8.4; (d) acknowledges that a Guardian cannot release a child's own future claims under Australian law, and that the rest of this Section 8 applies to the Guardian and to the child as far as the law allows; (e) agrees to indemnify the Released Parties from any claim brought by or on behalf of the child, except to the extent caused by the reckless conduct, gross negligence or intentional wrongdoing of a Released Party and to the extent the law permits; and (f) will sign a paper copy of this agreement at bib collection if the venue, the permit or the state requires it, without which the child may not start.

8.12 STATE-SPECIFIC PROVISIONS
Victoria. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012. Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are rendered with due care and skill; are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and might reasonably be expected to achieve any result you have made known to the supplier. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. The supplier is GW Active Ltd, trading as RunThrough Australia.
New South Wales. The risk warning in Section 8.2 is given under section 5M of the Civil Liability Act 2002 (NSW). This agreement releases the ordinary negligence of the Released Parties to the fullest extent permitted by that Act and the Australian Consumer Law, and does not release reckless conduct, gross negligence or intentional wrongdoing.
All other states and territories. Where an Event takes place in another state or territory, this agreement applies to the fullest extent permitted by the law of that state or territory, and any provision that law does not permit is severed for that Event without affecting the rest.

8.13 LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING TRAVEL AND ACCOMMODATION COSTS, LOST WAGES OR LOST OPPORTUNITY, AND THE TOTAL LIABILITY OF GW ACTIVE LTD TO ME IN CONNECTION WITH AN EVENT OR THE TERMS IS LIMITED, AT OUR OPTION, TO SUPPLYING THE SERVICES AGAIN OR TO THE ENTRY FEE I PAID FOR THAT EVENT. Nothing in this agreement excludes or limits liability that cannot be excluded or limited by law, including under the Australian Consumer Law.

8.14 MY ACKNOWLEDGEMENT
I HAVE READ THIS AGREEMENT CAREFULLY AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR THEIR ORDINARY NEGLIGENCE, TO THE EXTENT THE LAW ALLOWS, AND THAT WHERE I ACT AS GUARDIAN I AM GIVING UP MY OWN RIGHTS ON THE SAME BASIS. I ACCEPT IT FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE.
I accept this agreement electronically by ticking the acceptance box and submitting my entry on Let's Do This or any other entry platform we use, or by confirming my details when entering on the day; my electronic acceptance has the same effect as a handwritten signature, and RunThrough Australia keeps a record of it. If I entered as part of a group booking and did not accept this agreement myself, I accept it by collecting my bib, and I may be asked to sign a paper copy first. If any part of this agreement is held invalid or unenforceable, that part is severed and the rest remains in full force and effect. This agreement is governed by Section 14 of the Terms.

By ticking the box and submitting this entry I (or, for a participant under 18, the parent or legal guardian) confirm that I have read, understood and agree to this waiver and to the RunThrough Australia Terms & Conditions, including the refund policy.