2017 Melbourne Marathon Festival Terms & Conditions
In consideration of and as a condition of acceptance of entry in the 2017 Melbourne Marathon Festival’s Marathon (42.195.7km) race, Half Marathon (21.1km) race, 10km Run, 5.7km Run Race or 3km Walk race (collectively, the “Event”) on Sunday 15 October 2017 (the “Event Days”), I acknowledge and agree with the following:
- A legally binding agreement between the event organisers, International Management Group of America Pty Limited. (“IMG”) and the intending participant (“I/me”) will be deemed to have commenced on acceptance in writing by IMG of my application to compete.
- Participating in the Event may involve a real risk of serious injury or even death from various causes including but not limited to over exertion, dehydration and accidents with other participants, spectators or road users. I voluntarily assume all risks associated with my participation in the Event or any activity associated with it and will take all reasonable measures to protect myself from the risks of participation. I consent to receive such medical aid or treatment that may be deemed advisable by Event medical and paramedical personnel in the event of my injury, accident and/or illness during the Event. I accept all responsibility for travel and medical insurance and for payment and/or reimbursement of medical/surgical expenses incurred by me as a result of my participation in the Event.
- I have sufficiently trained for the Event and to the best of my knowledge, I am not suffering from a condition, illness, injury or other physical disability or impairment that may prevent and/or render me unfit to participate in the Event. I understand that IMG may refuse to allow me to participate or continue participating in the Event if in the reasonable opinion of IMG it is necessary for my safety or the safety of others.
- I understand that there is a time limit in which I am required to complete the Event. I will provide evidence of my ability to complete the course in the specified time limit, if requested by IMG. If, during the conduct of the Event, an Event official directs my withdrawal because I am likely to be unable to reach the cut-off marks within the advertised time limit or complete the Event within the advertised time limit, I undertake to comply with this direction. In these circumstances I will voluntarily remove myself from the course without liability to IMG and agree to be transported to the finish area.
- I understand that IMG reserves the right to refuse my application to register for any of the races making up the Event at any time for capacity/field limit, safety, insurance or any other reason.
- I consent to identity verification checks, background security checks and any other reasonable security checks (which may include inspecting my personal property) being conducted on me prior to my entry into and departure from any official Event sites.
- I acknowledge that I am responsible for all property I bring to the Event and understand that IMG does not accept responsibility for any loss or damage to this property.
- If competing in the Marathon race (as part of the Event), I will be 18 years or older on the Event Day. If competing in the Half Marathon race (as part of the Event), I will be 16 years or older on the Event Day. All children (under the age of 13 years on the Event Day) must be accompanied by an adult in the 10km, 5.7km and 3km races (as part of the Event) on the Event Day.
- I undertake to comply with all applicable regulations, by laws and rules of the Australian Sports Drug Agency (ASDA) and Athletics Australia (AA) and any other relevant authority or body in relation to the Event and will comply with all reasonable directions and decisions of the officials and other representatives of ASDA, AA and IMG.
- I have not knowingly used any substance for the purpose of enhancing my performance at the Event and will not use any substances prohibited by the rules of AA or any other relevant authority or body. If applicable, I will check with my physician to ensure medication that I am taking is not a prohibited substance.
- I release AA and IMG (and their directors, officers, employees, volunteers, sponsors, contractors and agents) from any liability (to the extent permitted by law) for any loss, injury, damage of any description whatsoever suffered in relation to my attendance and participation at the Event, however so caused, other than in relation to any negligent acts or omissions of AA and IMG (or their directors, officers, employees, volunteers, sponsors, contractors and agents) and I indemnify them against all liability arising as a result of or in connection with my attendance and participation in the Event including any loss of personal property unless such liability arises as a result of the negligent acts or omissions of AA and IMG (or their directors, officers, employees, volunteers, sponsors, contractors and agents).
- At the Event, I agree to comply with all the rules and directions of Event officials. When participating in the Event, I also agree to follow the approved course, observe normal traffic rules and obey all directions and instructions given by Event officials and police.
- I understand that IMG reserves the right to alter the course and/or Event format, including changing the distance of the course due to any unforeseen circumstances. Such alterations may be due to the direction of councils, police or other organisations that are associated with the Event.
- I agree that I may not participate in the Event with or using roller skates, roller blades, skateboards, bicycles, scooters, dogs/animals or any non-traditional form of running shoe.
- In connection with the Event, I agree not to mislead Events officials, obtain an advantage by deception or otherwise act dishonestly.
- I grant IMG and the contractors and suppliers engaged by IMG in connection with the Event a royalty free right for use in perpetuity, to use and allow the use of my name, image, voice, likeness, photograph, interview and statement in broadcasts, telecasts, webcasts, media press materials, promotional materials and otherwise in connection with the Event. I acknowledge that the official Event results list, published publically, will display my name, corresponding Event number and finish time.
- I understand and acknowledge that IMG will use an electronic timing chip device (that shall be attached to the rear of the race bib) for timing me in the Event and this will entail the issuing and wearing of the race bib and the timing chip device (on the chest area) by me at all times during the Event. I understand that the timing chip device is attached to the rear of the race bib (under what looks like a label) and if it is tampered with, such as it being removed or pulled out, the timing chip device may not function correctly or work at all. I understand that the replacement fee for my timing chip device is $20, and I agree to pay IMG the replacement fee at the Event race office prior to the commencement of the Event when I collect my replacement race bib and timing chip device if, in the reasonable opinion of IMG, my original timing chip device has been or appears to have been damaged as a result of tampering.
- I understand that my entry in the Event is non-transferable and I understand that passing on my race bib and/or timing chip device to a third party to participate in the Event in my place is prohibited. I understand that IMG predominantly imposes this requirement for safety reasons as IMG needs to have accurate information about all participants in the Event so as to properly assist all Event participants in the case of a medical emergency or for other similar reasoning.
- I acknowledge that my entry fee is not refundable except in accordance with this paragraph and paragraph 21(a) below. I understand that if I do not wish to participate in the Event, I must fill in and submit to IMG the official Event withdrawal form that is available on the Event website (www.melbournemarathon.com.au), return to IMG my race bib and timing chip device, and I agree I will not transfer my race bib and/or timing chip device to any third party. I understand that if I withdraw from the Event up to and until 11:59pm Monday September 4, 2017, there is a cancellation fee that applies (i.e. I will be returned the entry fee paid by me less $40 if I entered the Melbourne Marathon race, $30 if I entered the Half Marathon race, $20 if I entered the 10km race and $15 if I entered either the 5.7km or 3km races, so as IMG may cover its administration expenses), and should I withdraw from 12.00am on Tuesday September 5, 2017 onwards for any reason (including, but not limited to, medical reasons), there is no refund of any portion of my entry fee.
- Mail out of Event race packs will progressively begin from September 2017 and may take approximately 2 – 4 weeks for delivery depending on your date of entry. I acknowledge that if I enter the Event on or before 11:59pm on Friday June 30, 2017, Event race packs will be posted to me and if I enter the Event from 12:00am on Saturday July 1, 2017 onwards, I will be required to pick up/collect my Event race pack from the Event race office during opening hours prior to the commencement of the Event. All international entrants are required to collect their race pack from the Event race office prior to the commencement of the Event regardless of the date they entered the Event.
- If after I have entered the Event I wish to change from the race I entered into originally to another race within the Event, I can make changes only as follows:
(a) on or before 11:59pm Monday September 4, 2017, I may change races via the ‘my events portal’ on the Active Network registration console. If I change into another race of greater value within the Event, I acknowledge that I will be required to pay an additional fee for the difference between the entry fee I originally paid and the current cost of participating in the alternative race. If I change to a race of lesser value I must fill in and submit to IMG the official refund request form that is available on the Event website (www.melbournemarathon.com.au) to receive a refund equal to the difference between the entry fee of the relevant Event races less a $15 administration charge;
I understand all race changes are subject to and conditional upon the selected alternative race’s entry capacity not having been reached at the time my requested change is processed by IMG.
(b) from 12.00am on Tuesday September 5, 2017 onwards, I may apply to change races only by attending the Event race office (with my Event race pack) on one of the following dates: Thursday October 12 – Saturday October 14, 2017. If I am accepted into another race within the Event, I acknowledge that I will not receive any refund of my original Event entry fee. No changes will be permitted after the Event race office has closed on Saturday October 14, 2017. For the avoidance of doubt, I acknowledge that if capacities for a race as part of the Event have been reached I will not be able to transfer into that race, and I will accept the final decision of IMG in this regard.
- I agree that in the event of Event cancellation due to any reason outside the control of the Event organisers, including (without limitation) Act of God, storm, rain, flood, inclement weather, winds , my Event entry fee shall not be refundable to me.
- I understand that my entrant details are collected by IMG for the purpose of conducting the Event and associated events, including but not limited to identifying participants in the Event, recording results, communicating with me and other participants about the Event and other associated events and to assist IMG in improving and marketing its goods and services. I understand that by supplying IMG with my e-mail address I agree to receive regular e-newsletter updates from IMG in order to stay informed about the Event.
- I understand that if I breach (or am reasonably suspected of breaching) these terms and conditions, I may be disqualified from the Event and/or the details of my participation in the Event may be removed from any register, database or publication (publicly available or otherwise) associated with the Event, in IMG’s discretion.
- In addition to the matters in condition 25, by entering this Event I consent to my personal information being provided to Athletics Australia Limited and Athletics Victoria Inc for the purposes of registering me as a recreational running class member of Athletics Victoria and for administering Athletics Australia’s Running Australia program. I further consent to receiving information (including via email) about the Running Australia program from Athletics Australia and Athletics Victoria, including details of other events and specials offers or promotions, unless I inform those organisations otherwise.
- I understand that these terms and conditions shall be construed according to the laws of the State of Victoria, Australia.
- I understand that as a parent or guardian for a participant in the Event (if applicable), I agree to the above for myself and on behalf of my dependant In consideration of IMG agreeing at my request to accept the entry of a minor race participant I further agree for myself, the participant, their heirs, executors and administrators to indemnify and keep indemnified IMG (and their directors, officers, employees, volunteers, sponsors, contractors and agents) against all actions, suits, claims, proceedings, demands, cost, expenses, liabilities or judgements which the participant and/or I may have in respect of any death, injury, damage or loss sustained by the participant as the result of the participant’s participation in the Event. I affirm that I have full authority on behalf of all living parents and/or guardians to sign this indemnity AND that this indemnity may be pleaded as a bar to any action claim demand suit or legal proceedings.
- I acknowledge that these terms and conditions may change from time to time at the discretion of IMG and without notice to me.