ROWING QUEENSLAND LIMITED (RQ)
QUEENSLAND GRADE CHAMPIONSHIPS (EVENT)
TERMS AND CONDITIONS
ANY PERSON WHO ATTENDS AND PARTICIPATES IN THE QUEENSLAND GRADE CHAMPIONSHIPS REGATTA (PARTICIPANT) AGREES, AS A CONDITION OF ENTRY, TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW.
- Warning and acceptance of risks and requirements
The Participant is aware that by attending at or participating in the QUEENSLAND GRADE CHAMPIONSHIP REGATTA (EVENT) the Participant will be exposed to many significant risks, including, without limitation, risks of death, physical and mental injury, disease, loss and damage, and economic loss. The risks associated with the Participant’s attendance at or participation in the EVENT include, without limitation, the risk that the Participant may suffer harm as a result of: (a) exhaustion; (b)injuries to bones, joints, ligaments, muscles, tendons and other aspects of the Participant’s muscular skeletal system (c) aggravation, acceleration or recurrence of an existing injury or disease; (d) dehydration; (e) oxygen deprivation; (f) falls; (g) allergic reactions; (h) infections; (i) grazes, cuts, abrasions, wounds and blisters;(j) psychological and psychiatric injury; and (k) many other causes.
The Participant accepts the venue as it stands with all or any defects hidden or exposed.
The Participant fully appreciates the nature and extent of all risks involved and by attending at or participating in the EVENT the Participant freely, voluntarily and absolutely ACCEPTS ALL RISKS howsoever arising out of or in relation to the Participant’s attendance at or participation in the EVENT, whether caused by the negligence of RQ and the Associated Entities, or otherwise.
By participating in the EVENT the Participant undertakes that the Participant can swim 50 metres fully clothed, can tread water for 3 minutes unaided, and has no known medical conditions which would preclude the Participant from training (including pre-race and post race preparations both on land and water) and racing.
- Release and indemnity
To the full extent permitted by law, the Participant agrees to INDEMNIFY AND KEEP INDEMNIFIED RQ, its Officers and the Associated Entities against all claims, demands, actions, suits, proceedings, damages, costs, losses, expenses or liabilities of any kind, including legal costs, that may be brought or made by any person for death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever (including, without limiting the generality of the foregoing, any claim, demand, action or suit brought against RA or any of its Associated Entities by the owner of any venue under any contractual or common law right of indemnity such owner may have against RQ or an Associated Entity) arising out of or as a consequence of the Participant’s acts or omissions in the course of or consequential upon or incidental to the Participant’s attendance at or participation in the EVENT, whether caused by the negligence of RQ and the Associated Entities, or otherwise.
To the full extent permitted by law, the Participant agrees to RELEASE RQ, its Officers and the Associated Entities from all liability to the Participant, the Participant’s personal representatives, heirs and next of kin, for the Participant’s death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever which the Participant may suffer or sustain in the course of or consequential upon or incidental to the Participant’s attendance at or participation in the EVENT, whether caused by the negligence of RQ and the Associated Entities, or otherwise
- Foregoing rights under relevant law
The Participant acknowledges and agrees that the Participant has been given notice under Annexure A that certain statutory rights, in particular, guarantees under Commonwealth, State and Territory consumer laws have been excluded, restricted or modified including in the manner set out in Annexure A.
- Medical
The Participant declares that the Participant is and will continue to be medically and physically fit and able to participate in the EVENT. The Participant will immediately notify RQ in writing of any change to the Participant’s fitness and ability to participate. The Participant understands and accepts that RQ will continue to rely upon this declaration as evidence of the Participant’s fitness and ability to participate.
The Participant acknowledges and agrees that if required, RQ may arrange medical or hospital treatment (including without limitation, physical examination, first aid, defibrillation and ambulance transportation) for the Participant. The Participant authorises such actions being taken by RQ and agrees to meet all costs associated with such action.
- Rules and Policies
The Participant acknowledges, understands and agrees that it is a condition of the Participant’s participation in the EVENT that the Participant agrees to be bound by, and subject to, the rules and policies of RQ and the jurisdiction of RQ, as well as the rules and policies of Rowing Australia (RA). Copies of all rules and policies are available from the RQ website at https://www.rowingqld.asn.au/about/policies and by contacting RQ.
The Participant warrants that the Participant is not precluded from participating in the EVENT, including due to any suspension, expulsion, or other disciplinary measure.
- Anti-Doping
The Participant acknowledges, understands and agrees that the Participant is bound by the Australian National Anti-Doping Policy (copy available at https://www.rowingqld.asn.au/about/policies).
The Participant acknowledges and agrees that they may be subject to drug testing conducted by Sport Integrity Australia (SIA) in accordance with the Sport Integrity Australia Act 2020 (Commonwealth) and the National Anti-Doping Scheme. This involves the taking of a sample (any human biological fluid or tissue whether alive or otherwise, or any human breath) for the purpose of detecting the use of a Prohibited Drug or Doping Method.
The Participant acknowledges and agrees that an anti-doping rule violation may result in sanctions under the Anti-Doping Policy including but not limited to disqualification.
- Photos/Images/Videography
The Participant recognises that at the EVENT many competitors and spectators will wish to take photographs (including videography) and all participants should be aware of this. Additionally, RQ may engage photographers who will take photos and videos for commercial purposes. Accredited photographers will be identified at the EVENT and details published https://www.rowingqld.asn.au/our-events/event-official-photographer
The Participant acknowledges that live streaming may occur at the EVENT, and consents to their inclusion in such broadcasts. Participants acknowledge that RQ and other third parties authorised by RQ may make, create, store, record, transmit, reproduce, or use any Recording, Image, or any likeness at or in relation to an EVENT (including, without limitation, of Participants). Each Participant grants RQ and third parties authorised by the RQ a perpetual, irrevocable, royalty-free licence to use Recordings or Images, or other images or likenesses of the Participant (including sound recording), in any media worldwide and for any purpose (including for commercial and advertisement purposes), without identification, compensation, or payment of any kind.
- Defined Terms and Interpretation
In these terms and conditions, the expression Associated Entities means all persons, corporations and entities other than RQ that are in any way connected with organising, promoting, sponsoring, supporting, running or staging the EVENT or receiving benefits from the EVENT, and includes without limitation the, charities, sponsors, volunteers, contractors, service providers, safety officials, and venue owners, lessees, licensees and occupiers.
In these terms and conditions, unless the context otherwise requires, a reference toa person, corporation or entity includes a reference to its officers, servants, employees, agents and representatives.
ANNEXURE A
To the full extent permitted by law, the Participant agrees that the guarantees in the Australian Consumer Law (QLD) including the provisions of Subdivision B of Division 1 of Part 3-2 are EXCLUDED and do not apply to the supply of any recreational services to the Participant by RQ under or in connection with this agreement, and The Participant RELEASES RQ from all liability for a failure to comply with a guarantee under those provisions.
Recreational services to which the Australian Consumer Law (Commonwealth) applies
The Participant agrees that the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law are excluded and do not apply to the supply of any recreational services (as defined in section 139A of the Competition and Consumer Act 2010 (Cth)) to the Participant by RQ under or in connection with these terms and conditions. The Participant agrees that the liability of RA in relation to a recreational service for any:
- death;
- physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or
- contraction, aggravation or acceleration of a disease; or
- 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:
- 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,
that the Participant may suffer (or a person on whose behalf the Participant acquires the services may suffer) is excluded.
