Terms & Conditions of Canungra Combat Challenge 2024

Participant Consent & Waiver Form – Terms and Conditions

Canungra Combat Challenge 2024

The following Terms & Conditions apply to any person who submits an application to participate in the Canungra Combat Challenge 2024.
Recitals

A. Event organiser and beneficiary is The Legacy Club of Brisbane Limited (ABN 51 157 944 951) 41 Merivale St, South Brisbane QLD 4101 (“Legacy Brisbane”) B. Kokoda Barracks, Canungra, QLD 4000 (“Kokoda Barracks”), the venue for the “Canungra Combat Challenge” endurance challenge. C. “Combat Challenge” means the Canungra Combat Challenge event to be held on Saturday, 15 June 2024 at Kokoda Barracks, Canungra to raise money for programs run by Legacy Brisbane to support the families of our fallen or injured veterans. D. “Claims” means any and all actions, claims, liabilities, demands, suits, causes of action, potential causes of action, legal proceedings, applications, damages, debts, costs, losses, verdicts and judgments whatsoever whether at law or in equity or under any statute, whether known or unknown and whether present, future or contingent relating to, arising out of or in any way connected with the Combat Challenge. E. “Releasees” means Legacy Brisbane and its associated entities, employees, agents, contractors and volunteers and any promoters, organisers, participants, sanctioning organizations, officials, rescue personnel, sponsors, advertisers, event inspectors, underwriters, consultants and any others who give recommendations or engage in risk evaluation regarding the Combat Challenge and the owners, occupiers and lessees of any premises used for the Combat Challenge and their respective directors, servants, contractors, employees, volunteers and agents.


IT IS AGREED
SUBMISSION OF THIS FORM OR YOUR ACCEPTANCE OF THESE TERMS ELECTRONICALLY IS YOUR ACKNOWLEDGEMENT OF THE ACCEPTANCE OF THE TERMS & CONDITIONS OF PARTICIPATION IN THE COMBAT CHALLENGE 2024.

1. Participant details
I,_____________________________________________________
A. Voluntarily wish to participate in the Combat Challenge;
B. Accept that:
a. The Combat Challenge will take place at an army training facility which is designed to test a person’s capabilities;

b. There are inherent risks associated with the Combat Challenge, including but not limited to risks to personal health and safety including injury or death;

c. My participation in the Combat Challenge is at my own risk and I will not hold Legacy Brisbane and/or the Releasees for any liability whether caused by negligence or otherwise.


2. Acknowledgement and Certifications

1. I acknowledge that the Combat Challenge is a dangerous recreational activity.

2. I am aware I need to be personally fit and healthy strong before I attempt the Combat Challenge.

3. If on the date of the Combat Challenge I am suffering from any personal illness or injury, I will not participate in the Combat Challenge unless cleared to do so by a qualified medical practitioner.

4. If in the 7 days leading up to and/or on the day of the Combat Challenge I have experienced any of the following symptoms I will not attend or participate in the Combat Challenge:

• Fever or chills
• Cough
• Sore throat
• Runny nose
• Shortness of breath
• Body aches
• Loss of taste or smell
• Fatigue/muscle aches
• Diarrhoea
8. I am aware that a good level of fitness is required to safely attempt the Combat Challenge and certify that I am physically fit and there are no health related reasons or problems which preclude my safe participation in the Combat Challenge.

9. I warrant that I am, and will be on the date of the Combat Challenge, in good health and condition, physically and mentally capable of safely participating in the Combat Challenge (otherwise I agree I will not participate).

10. I accept all risks associated with my participation in the Combat Challenge including but not limited to any risks that might arise from negligence or carelessness on the part of the persons and/or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by the releases or because of their possible liability without fault.

11. I acknowledge that participation in the Combat Challenge includes possible exposure to, and illness from, infectious diseases including but not limited to COVID-19. Whilst particular rules and following required protocols may reduce this risk, I understand that the risk of illness and death from infectious disease does exist.

12. I am aware that I and any personal property I bring to the Combat Challenge, is not covered by Legacy Brisbane’s insurance and is at my risk.

13. I warrant that I am, and will be on the date of the Combat Challenge in a good state of health, that I am not receiving any medication or taking any substance which may affect or interfere with my ability to safely participate in the Combat Challenge and that I am free from any injury, medical condition (including but not limited to pregnancy, heart condition or seizures), disability, disease or illness which may be aggravated by participation in the Combat Challenge or which may affect or interfere with my ability to engage safely in the Combat Challenge (otherwise I agree I will not participate).

14. I certify that I have no known or knowable physical or mental health issues that would affect my ability to safely participate in the Combat Challenge, or that would result in my participation creating a risk of danger to myself or to others or that would expose me to the risk of aggravating a pre-existing injury or illness.

15. I certify that the information I provide is true and correct.

16. I acknowledge that Legacy Brisbane recommends and encourages each participant to obtain medical clearance from a suitably qualified medical practitioner prior to participation.

17. I warrant that I have not been advised, recommended or cautioned by a medical practitioner, nurse, physiotherapist, occupational or other therapist that I should not participate in the Combat Challenge or any other physical activity.

18. I accept that before, during and after the Combat Challenge, I am responsible for my own health and safety and I will not do anything that will put at risk the health or safety of me or any other person.

19. I agree to adhere to all rules and conditions of the Combat Challenge and will follow the approved course and obey all directions and instructions given by event organisers, Legacy Brisbane, the Releasees or their agents and understand that my failure to do so may result in my removal from the event without refund.

20. I acknowledge and understand that safety precautions undertaken at the Combat Challenge are merely a service to me and are not a guarantee of safety.

21. I warrant that I will advise Legacy Brisbane before I participate in the Combat Challenge of any pre-existing medical conditions that might reasonably be expected to increase my risk of requiring medical attention during or after the Combat Challenge.

22. I understand that it is my responsibility to continuously monitor my own physical and mental health and safety during the Combat Challenge, and I agree to withdraw immediately and to notify appropriate personnel if at any point my continued participation would create a risk of harm to me or to others.

23. In the event of an injury to me that renders me unconscious or incapable of making a medical decision or in the case of an emergency, I authorise appropriate Legacy Brisbane and/or Kokoda Barracks personnel and emergency medical personnel at the Combat Challenge to make emergency medical decisions on my behalf (including, but not limited to CPR and AED).

24. I authorise Legacy Brisbane and/or Kokoda Barracks personnel and emergency medical personnel at the Combat Challenge to secure emergency medical care or transportation when deemed necessary.

25. I agree to take full responsibility and assume liability for any and all costs incurred as a result of my participation in the Combat Challenge, including for any medical attention I may need during or after it.

26. I acknowledge that I will also be asked to sign a Waiver and Release of Liability to on the day of the Combat Challenge, which I agree to do.

3. Waiver of Liability and Indemnification

1. In consideration of Legacy Brisbane accepting my entry into the Combat Challenge, to the maximum extent permitted by law I unconditionally and absolutely release and waive any Claim I might otherwise have against the Releasees in respect of any injury, death, loss or damage I suffer as a result of or relating to my participation in the Combat Challenge, howsoever arising, including as a result of any breach of contract and/or negligence by the Releasees.

2. To the maximum extent permitted by law, I indemnify and hold harmless the Releasees against any Claim, loss or damage suffered by them as a result of or relating to any Claim made by or against me during or after the Combat Challenge howsoever arising, including as a result of any act, neglect or default caused or contributed by me during the Combat Challenge.

3. This release, waiver and indemnity will continue forever and bind my heirs, executors and personal representatives.

4. Nothing in this document prevents Legacy Brisbane and/or the Releasees from relying on any laws that limit or preclude their liability. 5. I acknowledge and agree that participation in the Combat Challenge is a dangerous recreational activity.

6. I acknowledge and agree that under the Civil Liability Act 2003 (Qld), the Releasees will not be liable for any harm suffered by me due to the materialisation of an obvious risk to my participation in a dangerous recreational activity.

4. Media and Photography

1. I grant to Legacy Brisbane and its affiliated entities or contractors and/or the media my permission and authority to use my name, image, voice, and/or likeness in any photographs, videotapes, CDs, DVDs, broadcast, telecast, podcast, webcast, recordings, motion pictures, commercial advertisement, promotion materials, and/or any other record captured during the Combat Challenge for any purpose whatsoever without compensation.

2. I acknowledge my personal information, including photos, is collected, held and used by Legacy Brisbane for event coordination and administration purposes, Legacy Brisbane event marketing and Legacy Brisbane fundraising activities: see our privacy policy at: https://www.legacy.com.au/wp-content/uploads/2020/10/2020-Legacy-Brisbane-Privacy-Statement.pdf

5. Communication

1. I understand that my email address will be used for registration confirmation and updates about the Combat Challenge as well as support to help me reach my fundraising and training goals. From time to time Legacy Brisbane may also send me information on other events and fundraising

activities that may be of interest. I consent to the use of my personal information for the purposes contemplated in these Terms and Conditions. 2. I am aware if I do not want to receive further communication from Legacy Brisbane (other than information that relates to this Combat Challenge) I can contact the Legacy Brisbane team via fundraising@legacybrisbane.org.au or by calling 07 3029 5600.

3. I am aware if I have any questions about privacy, including updating and/or changing my personal information or obtaining a copy of the Legacy Brisbane Privacy Policy I can contact the Legacy Brisbane team via fundraising@legacybrisbane.org.au or by calling 07 3029 5600.

6. Fundraising

1. I understand that to participate in the Combat Challenge my team and I must attempt to fundraise $2,000.00 fundraising minimum per team by event day.

7. Condition of entry and right to refuse application

1. I acknowledge that I may be required to pass event security and may be denied access should I refuse to comply with event security and/or do not pass security and will not be entitled to a refund of my application fee.

2. I acknowledge that the Legacy Brisbane reserves the right to refuse my application to register. Should my application be refused my full registration fee will be refunded to me.

10. Refunds

1. I undertake to notify Legacy Brisbane of my inability to participate in the Combat Challenge at the earliest possible opportunity. I understand that, once accepted, my application to participate and my application fee cannot be transferred to another person.

2. I acknowledge that this is a charity event and I will not be entitled to any refund of my application fee if I withdraw, instead I authorise and agree to my application fee being transferred to a tax deductible donation to Legacy Brisbane on my behalf.

11. Cancellations

1. I acknowledge that Legacy Brisbane reserves the right to cancel or postpone the Combat Challenge in the event of unforeseen circumstances. In the event of a cancellation or postponement I acknowledge that Legacy Brisbane will use reasonable efforts to minimise the cost to me, but I acknowledge that my entry fee and other costs will not be refunded.

12. Majority Age

1. I affirm that I am 18 years of age (or will be at the time of the Combat Challenge) or older and have read and understood what is expected of me and I agree to adhere to the direction of Legacy Brisbane and/or Kokoda Barracks personnel at all times. If I am under the age of 18 I understand that I will not be allowed to participate.

13. Acknowledgement of Understanding

1. This waiver and release shall be interpreted and the rights of the parties determined under the law of Queensland. The Queensland Courts shall have exclusive jurisdiction for any dispute arising under, or pertaining to, this waiver and release.

2. I have carefully read these Terms and Conditions, including the Waiver of Liability and Indemnification, and fully understand its contents. I am aware that this is a release of liability and binding contract between myself and the persons and entities mentioned above and I sign it of my own free will. I understand that I am giving up substantial rights, including my right to sue.

DECLARATION AND AGREEMENT

I have carefully read these Terms and Conditions, including the Waiver of Liability and Indemnification, and fully understand its contents. I am aware that this is a release of liability and binding contract between myself and the persons and entities mentioned above and I sign it of my own free will. I understand that I am giving up substantial rights, including my right to sue.

Site Terms and Conditions

These Terms must be read together with any Terms and Conditions specific to a particular event (Event Terms) which are located on the fundraising page for that event. If there is any conflict between these Terms and any Event Terms, then these Terms will prevail to the extent of the inconsistency.

Introduction and acceptance of terms

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  3. By Accepting these Terms and Conditions you are also agreeing that you have read and understood our Privacy Policy .

Overview

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GoFundraise fees

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    Special Event Fees
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Credit card payments

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Regular Giving payments

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  2. A user can cancel their Regular Giving donation at anytime through their GoFundraise User Account (see How to cancel a Regular Giving donation ). Cancellations take up to 7 working days to take effect. Any payment that occurs before this time cannot be cancelled and will not be refunded by GoFundraise. Users will be notified via email that your payment has been cancelled. It is the Users responsibility to ensure that cancellations have been made, if you do not receive a confirmation within 7 days please contact GoFundraise Customer Care.

Ticket Sales and Raffles

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  2. Payments made by Users through the Platform for Raffle tickets are non-refundable. Please choose carefully.

User registration

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  2. You may also register Your details and be added to the Platform database. Acceptance of Your registration and the continuation of it will be subject to these Terms and the GoFundraise Privacy Policy .

Passwords

  1. You must keep Your personal login information safe, private and secure at all times. This extends to:

    1. not allowing any other person to use their login information or hold themselves out as You;
    2. not disclosing, or allowing a copy to be discovered of the login information of the User; and
    3. regularly updating any passwords or other unique identifiers used in conjunction with the login process to minimise the chance of misuse of login information.

Indemnity for misuse of Your login information

  1. GoFundraise accepts no liability for acts carried out by any person using Your personal login information, and You indemnify GoFundraise from any costs, expenses or damages paid or payable by GoFundraise in connection with your breach of clause 19.

Personal fundraising pages

  1. Users who have registered with GoFundraise may establish a fundraising page or pages (Personal Page) on the Platform to fundraise for a Beneficiary. All external funds raised by a User with a Personal Page must be donated exclusively through the Platform except for funds collected off-line.
  2. Where a registered User builds a personal fundraising page or Event in favour of a Beneficiary, the Beneficiary must be first registered on the Website. The creation by a User of a Personal Page, Event or Microsite in no way implies the endorsement of the fundraising or other activity promoted on the page by GoFundraise or the Beneficiary.
  3. GoFundraise reserves the right to delete, close or suspend a Personal Page, and/or Event at it’s discretion. Also if a Beneficiary or Event Organiser gives GoFundraise written notice that it deems a fundraising activity promoted on a Personal Page or Event to be inappropriate or unnecessarily dangerous or not desirable, GoFundraise will use it’s discretion to take appropriate action.

  4. Where a User builds a Personal Page on the Platform, the User must ensure that the data, including without limitation all text, pictures, graphics, audio, video, images and other data or information uploaded to the Personal Page does not:

    1. infringe the intellectual property rights (including copyright) of any third party.
    2. detrimentally affect the brand or reputation of GoFundraise, any Beneficiary or any affiliates or partners of GoFundraise;
    3. be misleading or deceptive as to the nature, type, service or benefits of the Content;
    4. be misleading as to that User’s identity or affiliation with any person or group
    5. contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
    6. encourage, counsel, incite or suggest any discriminatory, criminal or other unlawful acts; or
    7. contain vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racist or violent nature.

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    1. send junk email, sms or spam to people who do not wish to receive email from You;
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    3. interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the GoFundraise systems;
    4. provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by another User.
  6. Except in relation to a User’s Personal Page, a User may not remove, alter, add to or change anything on the Platform.
  7. GoFundraise does not actively and/or continuously moderate the Personal Pages built on the Platform but reserves the right to remove or edit any Content posted on the Platform at its sole discretion and without notice, regardless or whether or not it is, in the opinion of any third party, in breach of these Terms and Conditions. If a User notices any Content posted in breach of these Terms or that the User considers otherwise offensive or unlawful, the User should contact GoFundraise at {support@gofundraise.com.au}

User IP

  1. The User warrants that all Content uploaded by the User to a Personal Page or otherwise (User IP) is owned by the User or the User has the necessary rights and/or permissions to:
    1. use the Content for the purposes of the Personal Page; and
    2. to grant the licence comprised in clause 29,
    and the User indemnifies GoFundraise from any costs, expenses, claims or damages paid or payable by GoFundraise in connection with a claim by any person that the User IP infringes the Intellectual Property Rights of that person.
  2. The User grants to GoFundraise a royalty free, worldwide, non-exclusive, transferable, licence to use, copy, perform, modify and create derivative works of the User’s Content, in whole or part, as contemplated by these Terms.
  3. The User acknowledges and agrees that upon receipt and notice of any claim under this section, GoFundraise may immediately remove any User content from the Platform without liability. Any claims of any complaining party will be referred to the User.

Authorisation to Fundraise

  1. If You are raising funds for an Authorised Fundraiser (charity or cause) within New South Wales You will be issued with an Authorisation to Fundraise (ATF) by your chosen charity or cause (Authorised Fundraiser) as is required under the Charitable Fundraising Act, 1991 (NSW). ATF will be signed by GoFundraise on behalf of the Authorised Fundraiser and will confirm that you are authorised to fundraise consistent with the information that you have specified. The ATF will commence on the date You create a fundraising page and expire on the date specified and if no date is specified then six months after the creation date. You will only be authorised to fundraise, whether as a face-to-face collector as discussed in clause 32 or through Your fundraising page only, through the Platform, where receipts will be automatically emailed to Donor.

Fundraising face-to-face

  1. If You wish to solicit funds from the public face to face for the Authorised Fundraiser, You may do so under the terms of the ATF and in accordance with the Code of Conduct and Fundraising Guidelines. To conduct face-to-face fundraising You must download, print out and wear your Identification badge at all times when You are soliciting funds from the public. The badge must be returned to the Authorised Fundraiser when the fundraising has ended. The necessary identification badge & ATF may be accessed via the "Authority to Fundraise" tab located in the “My Fundraising Page” area of Your account.

Code of Conduct & Fundraising Guidelines

  1. By creating this Fundraising Page You also agree abide by the Authorised Fundraiser's Code of Conduct (COC) or Fundraising Guidelines, which may also be located in Your "My Fundraising Page" area. If You are unaware of what these are then please contact Your Authorised Fundraiser for a copy. If You do not agree to abide by these conditions then You must not create a fundraising page, or if You have already created the page, delete it immediately.

Termination of Use

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    1. a serious complaint is received or a number of complaints (amounting to what we determine as a serious complaint) are received about the User and his/her/its;
    2. conduct in using the Website;
    3. You breaches these Terms and Conditions, whether the breach is material or otherwise;
    4. if We deem Your behaviour to be unacceptable (as solely determined by us).

Intellectual Property Rights

  1. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:

    1. patents, copyright, rights in circuit layouts, registered and unregistered designs, registered and unregistered trademarks, knowhow and the right to have confidential information kept confidential; and
    2. any application or right to apply for registration of any of the rights referred to in paragraph (a).

  2. GoFundraise owns or has the right to use all Intellectual Property Rights comprised in the Platform. A User must not:

    1. assert any ownership or rights in respect of the Intellectual Property Rights in the Platform;
    2. reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the underlying materials containing the Intellectual Property Rights in the Platform in any way, whether directly or indirectly, or authorise any other person to do so
  3. No use of Content on the Platform is permitted without the prior written consent of GoFundraise, and where applicable, the licensor to GoFundraise of the applicable rights.

No warranties

  1. GoFundraise will make reasonable commercial efforts to maintain the performance of the Platform and continue to deliver services to Users. Despite this clause, the User acknowledges and agrees that GoFundraise cannot and does not guarantee continuous operation of the Platform or the integrity of the data stored or transmitted in or through the Platform or the public Internet. The disclaimer of warranties in this clause replaces all other representations or warranties, whether statutory, express or implied that may have been made by GoFundraise or be found in these Terms or in the relationship between GoFundraise and Users and all such representations and warranties that may be excluded at law are excluded.

Limitation of liability and indemnity by User

  1. GoFundraise will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any damages for lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from:

    1. the use of the Platform by a User;
    2. the representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
    3. 38(c) the representations, opinions or activities of Beneficiaries made on or through the Platform.

  2. The User indemnifies and holds GoFundraise, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:

    1. the use or misuse of the Platform by the User;
    2. Content uploaded by the User;
    3. the breach by the User of these Terms; or
    4. any liability arising out of the use of a User’s account.

Notices

  1. A party notifying or giving notice to GoFundraise under these Terms must do so by notice:

    1. in writing;
    2. addressed to GoFundraise at the address set out at the beginning of these Terms; and
    3. left at or sent by prepaid post, facsimile or email to that address.

  2. A notice given in accordance with clause 41 above, will be deemed received:

    1. on the date of delivery, if left at the recipient’s address;
    2. Five days after the date of posting if sent by prepaid post; and
    3. if sent by facsimile, when the sender’s facsimile system generates a message confirming successful transmission of the total number of pages of the notice unless, within eight business hours after that transmission, the recipient informs the sender that it has not received the entire notice; and
    4. if sent by email, on the day the email is sent (as long as the sender has not received a delivery failure message in relation to that email).

Jurisdiction

  1. The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.

Survival

  1. Clauses 24, 25, 28, 29, 39, 40, 41, 42, survive termination or expiry of these Terms as between GoFundraise and the User.

General

  1. These Terms and Conditions and the GoFundraise Privacy Policy constitute the entire understanding and agreement between the User and GoFundraise and supersede any and all prior oral or written communication on the subject matter contained in them.
  2. If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder will not be affected.
  3. All prices are in Australian Dollars unless stipulated otherwise.
  4. Terms & Conditions updated January 2024

 

 

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