Terms & Conditions

SingleTrack Events Pty Ltd ACN 646 749 322

1. INTRODUCTION

This document forms the Acknowledgement of risk, Release, and Terms and Conditions (together Terms) for the event hosted by SingleTrack Events Pty Ltd in which You are participating and have submitted an entry form or application (Event).

2. DEFINITIONS

The following definitions will apply throughout these Terms:

“Claim” includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including due to negligence.

“Consent” means the consent provided in the entry for the Event, under which You accept these Terms.

“Eligibility Requirements” means the requirements that must be satisfied for You to enter and participate in the Event,.

“Event Day” means the day or days that the Event is held on.

“Event Organisers” means SingleTrack Events, and where relevant includes its employees, directors, contractors, agents and volunteers.

“Our”, “ SingleTrack Events” ,“Us” or “We” means SingleTrack Events Pty Ltd, its  subsidiaries and authorised representatives.

Race Rules refers to any specific published rules or directions issued by Us that may be updated up until the date of the Event.

“Terms” means these Terms and Conditions and, where the context allows, any policies and Race Rules applicable to the Event.

“You” means the person named on the entry form for the Event. Where You are under 18 years of age “You” also refers to the consenting parent or guardian.

3. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

If You agree to these Terms, You will be agreeing that Your rights to sue the supplier (being SingleTrack Events) under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in these Terms, if You are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that SingleTrack Events is required to ensure that the recreational services it supplies to You —

• are rendered with due care and skill; and

• 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 exclusion of these statutory guarantees is brought to Your attention by this clause.

NOTE: The change to Your rights, as set out in this clause, 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. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2022 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

 

4. ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS

You hereby acknowledge that participating in the Event is inherently dangerous and You may be exposed to risks as a participant in the Event. By entering the Event You acknowledge and agree that: –

  1. You have read all details of the Terms, understand the risks associated with the Event and accept and assume the inherit risks in participating in the Event.

  2. You are solely responsible for Your personal possessions at all times during the Event, including but not limited to mandatory gear, drop bags and personal possessions. You agree that to the extent permitted by law, SingleTrack Events is not responsible or liable for repair or replacement of any damaged property.

  3. You acknowledge that where You are a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded in respect to personal injuries or death suffered by You as a result of breach of those terms and rights. You acknowledge that these implied terms and rights, including those set out in the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law and Fair Trading Act 2012 (Vic) (or any other applicable laws of another State or Territory) and any liability of SingleTrack Events flowing from them, are expressly excluded to the extent permitted by law. Further, to the extent of any liability arising, the liability of SingleTrack Events will, at its discretion, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the entry fee in part or full relating to the Event.

  4. You understand that participation in the Event involves risks and dangers which include, without limitation:

a)     potential for minor and/or serious bodily harm/injury;

b)    permanent disability;

c)     paralysis;

d)    death;

e)     mental trauma;

f)      loss or damage of property;

g)     exposure to extreme conditions;

h)    over exertion;

i)      dehydration;

j)      imperfect course conditions and injury due to the nature of terrain;

k)     contact or collision with other participants, vehicles and objects;

l)      accidents;

m)  exposure to lightning strikes;

n)    exposure to virus, respiratory illness or other illness or bacteria; and

o)    other natural hazards.

These are inherent risks, and may eventuate at any time, and may result in damage to property, injury or death. You understand that these risks may be caused by Your own actions or inactions, the actions or inactions of other participants and/or the actions or inactions of the Event Organisers, and You voluntarily assume responsibility for all such risks in respect of Yourself, to the extent permitted by law.

5. EVENT PARTICIPATION ELIGIBILITY

  1. To be eligible to participate in the Event, You must comply with the Event age requirements on the date of the Event as laid out on the event website for the race distance You wish to participate in.

  2. If You are under 18 years of age on the date of the Event, a parent or guardian must accept these Terms and acknowledge the Warning above. Where no parent or guardian consent is provided, You warrant that You are 18 years of age or older on the date of entry and the date of the Event.

  3. You must be medically and physically fit and able to participate in the Event.

  4. You must not be a danger to Yourself or to the health and safety of others.

6. REFUSAL OF APPLICATIONS

SingleTrack Events reserves the right to refuse any application for entry into the Event for any reason, including where:

  1. An applicant does not meet the Eligibility Requirements;

  2. An application, including a team application, is not completed by the nominated completion date;

  3. the field cap has been reached, regardless of the circumstances; or

  4. An application is made on the Event Day unless SingleTrack Events makes a specific exception allowing the application.

7. PARTICIPANT OBLIGATIONS

  1. If Your application to participate in the Event is accepted, You will be permitted to participate in the Event on the condition that You comply with the Terms and any reasonable direction issued by the Event Organisers or their representatives.

  2. You must immediately notify SingleTrack Events in writing of any relevant change to Your fitness and ability to participate in the Event. Where You do not provide any written notice to SingleTrack Events, SingleTrack Events will rely upon this as evidence of Your fitness and ability to participate in the Event.

  3. It is Your obligation to follow and complete the course as marked by Event Organisers in full, and not cut or shortcut any component of the course. The Event Organisers may request data files from You to validate and finishing time and position.  Failure to do so may result in disqualification without refund at the Event Organisers’ discretion. In connection with the Event, You agree not to mislead the Event Organisers, obtain an advantage by deception or otherwise act dishonestly. 

  4. The Event Organisers may alter Race Rules up until the start of the Event. You will be notified of changes to the Race Rules by the email address you provide at registration. It is Your responsibility to check your email account for official event communications about changes to the Race Rules.

  5. It is Your obligation to understand and acknowledge cut-off times in relation to the Event as listed in the Event Guide or website. The Event Organisers hold the right to remove You from the course if You have not met, or display Your inability to meet the strict cut-off times. No refund will be issued upon failure to meet cut-off times.

  6. You must carry the mandatory gear specific to Your entered Event in accordance with the Race Rules. If You do not do so, SingleTrack Events may exclude You from participating in the Event without refund at its absolute discretion.

  7. To be eligible for on course refreshments or medical support, You must have  Your official bib for the Event.

  8. In applying to participate in the Event You consent to receiving any medical treatment that the Event Organisers or their authorised representatives (including emergency services providers) consider reasonably necessary or desirable during or shortly after the Event. You may be required to reimburse SingleTrack Events for any costs or expenses incurred in providing You with medical treatment.

  9. You must pay the fees due at the time of submitting Your application. No applications will be accepted or considered unless and until all fees have been received by SingleTrack Events.

  10. SingleTrack Events may, in its sole discretion, refuse You entry into or remove  You from the Event (and/or future events) without compensation if SingleTrack Events considers, acting reasonably, it is necessary on medical or health and safety grounds, You have breached these Terms, or You are acting in such a way that:

a)     unreasonably interferes with the enjoyment, comfort or safety of other persons at the Event;

b)    becomes inappropriate, offensive or abusive;

c)     is likely to cause damage to property; or

d)    threatens the reputation of SingleTrack Events or the Event.

  1. You are responsible for the actions and behaviour of any of Your support crew for the entirety of the Event. Failure of Your support crew to comply with directions may result in disqualification from the Event without refund.

12. You undertake to comply with all applicable regulations, by-laws and rules of Sport Integrity Australia (“SIA”) and any other relevant authority or body in relation to the Event and will comply with all reasonable directions and decisions of officials and other representatives of SIA and SingleTrack Events. You agree  You have not knowingly used any substance for the purpose of enhancing Your performance at the Event and will not use any substances prohibited by the rules of SIA or any other relevant authority or body.

8. EVENT INSURANCE

  1. You acknowledge that SingleTrack Events holds Public Liability Insurance for the Event. This Insurance does not cover personal injury insurance for You. SingleTrack Events strongly recommends You hold Your own personal insurance and ambulance cover.

  2. You understand that SingleTrack Events insurance may not cover You for all injury, loss or damage sustained by You in participating in the Event and You acknowledge that SingleTrack Events does not make any representation about the suitability of the insurance.

9. FEES

  1. You must pay all the fees due, including any amounts payable for additional services such as additional merchandise, and other options You nominated at the time of entry into the Event.

  2. You must pay any surcharges that may exist from time-to-time relating to credit cards other than Visa and/or MasterCard.

 

10. REFUNDS

  1. The Event website details the timings, refund amounts and process by which to submit a withdrawal or seek a transfer.

  2. If You are unable to compete in the Event for any reason (except disqualification), You are entitled to keep any Event garment, show bag or gift bag as relevant if already received from SingleTrack Events.

  3. You may be entitled to a refund for any other items purchased at the time of registration, at the reasonable discretion of SingleTrack Events.

  4. You accept that SingleTrack Events has absolute discretion to alter the format of, shorten, adjust or cancel the Event or a specific course or courses in the interest of competitor safety, subject to this clause. SingleTrack Events will use all reasonable efforts to conduct the Event in the planned format if safe and reasonable to do so.

  5. If the Event or part of the Event is altered, cancelled or postponed for any reason outside the reasonable control of SingleTrack Events, including due to a change in law, regulations or other legal requirements, competitor safety, wild weather, natural disaster, war, strike, quarantine, pandemic, epidemic, other similar event, or a combination of these reasons, SingleTrack Events:

a)     will provide as much notice as reasonably possible of the alteration, cancellation or postponement;

b)    will use reasonable endeavours to either make reasonable alterations to the Event or part of the Event or postpone the Event to an appropriate time and/or date rather than cancel an Event or part of an Event;

c)     in circumstances of cancellation or postponement, may at its reasonable discretion and in accordance with law, provide credit, exchange of fees or a full or partial refund, but provides no guarantee of doing so;

d)    where it provides a refund or credit as a result of the alteration, cancellation or postponement of the Event, may deduct reasonable costs incurred from any credit, exchange of fees or refund provided;

e)     may require You to provide relevant evidence to justify the exercise of its discretion to provide credit, exchange of fees or any refund (for example, in the case of postponement where You claim that You cannot reasonably take part in the postponed Event because of pre-booked travel or medical circumstances); and

f)      will not be liable for any compensation or loss suffered by You as a result of the alteration, cancellation or postponement of the Event (including travel or accommodation costs), and You agree to discharge SingleTrack Events of any liability from any Claim arising out of the alteration, cancellation or postponement of the Event. 

  1. Nothing in this clause is intended to exclude, modify or limit the operation of the applicable legislation to the extent to which it cannot be excluded or limited.

11. TRANSFERS AND RESALE

  1. Transfer of Your entity in the Event to another person is only permitted as set out within the Withdrawals & Transfers section of the website.

  2. Any attempt to transfer Your entry to another person without the knowledge of SingleTrack Events may result in the cancellation of Your entry without refund and You may be prohibited from participating in future events conducted by SingleTrack Events.

  3. You must not offer Your (or any other person’s) entry in the Event for sale through any medium, including auctions (on eBay or any other auctioning or similar means) unless expressly permitted in writing. All individuals involved in such conduct without express written permission will be disqualified from the Event.

12. PRIVACY

  1. SingleTrack Events has a privacy policy, and You acknowledge and agree that the information provided will be used by SingleTrack Events to facilitate the conduct of the Event and in accordance with its privacy policy as recorded on its website.

  2. You understand that You will be able to access Your information through SingleTrack Events.

  3. If the information required is not provided, Your application may be rejected.

  4. You warrant that the information You provide in Your application is correct. If You provide incorrect information, SingleTrack Events may disqualify You from the Event, and You may be ineligible to participate in future events conducted by SingleTrack Events.

  5. You consent to the Event Organisers, direct sponsorship partners or associates using Your name, image, likeness and also Your performance in the Event, at any time, to promote the Event or any future similar events by any form of media and to provide results of the Event, and You provide a royalty free right for them to do so.

  6. You consent to receiving electronic newsletter material from SingleTrack Events prior to and after the Event. Unless You have nominated otherwise, You acknowledge and agree that Your information may also be used for marketing purposes by an Event sponsor.

13. SEVERANCE

If any provision of these Terms (in whole or in part) is illegal or unenforceable, that provision (or part) is to be severed from these Terms to the extent that it is illegal or unenforceable. Any remaining part of a provision remains valid and continues to operate to its full force and effect.

14. RELEASE AND INDEMNITY

In consideration of SingleTrack Events accepting Your application for entry to the Event, You, to the extent permitted by law:

A) release SingleTrack Events and the Event Organisers from all Claims that You have or may have had but for this release arising from or in connection with Your participation in the Event (to the extent permitted by law); and

B) indemnify SingleTrack Events (including its directors, employees, agents, representatives, contractors, medical personnel, sponsors, vendors, suppliers and volunteers (together, the indemnified parties)) and will keep SingleTrack Events indemnified in respect of any Claim by any person including another participant in the Event arising as a result of or in connection with Your participation in the Event, although in respect of another participant, this will only apply where the Claim arose as a result of Your unlawful participation in the Event, Your wilful or negligent conduct or Your breach of any part of these Terms and Conditions; and

C) agree that SingleTrack Events will not be liable to You for any direct, indirect or consequential loss suffered by You as a result of Your participation in the Event, including in relation to legal and regulatory requirements, unless expressly stated by SingleTrack Events.

15. AMBULANCE COVER

The Ambulance service is not a free service in Victoria or New South Wales. It’s Your responsibility to check Your health cover and ensure You are covered for ambulance cover in the case of an emergency.

To arrange cover with Ambulance Victoria for events in Victoria, visit ambulance.vic.gov.au

To arrange cover with NSW Ambulance for events in New South Wales, contact Your private health fund or other relevant service.

You may also wish to consider purchasing International Runner Insurance, especially if you are travelling from outside of Australia. More information is available at https://itra.run/Runners/AboutInsurance.

16. Governing Law

These Terms will be construed in accordance with the laws of Victoria.

17. Waiver

A failure by SingleTrack Events to insist on strict performance by You of any provision of these Terms or to not exercise any discretion held by SingleTrack Events will not be taken to be a waiver of any such provision or any rights of SingleTrack Events. In particular, but without limiting the generality of this condition, a waiver of a provision on one occasion will not be taken to be a waiver of the same provision on any subsequent occasion.

18. Alteration of Terms

SingleTrack Events may alter these Terms at its discretion by providing written notice to You. If there is a material change to the conditions between Your entry to the Event and the Event taking place which You expressly do not accept before the Event, You may be entitled to seek a full or partial refund within 14 days of receiving notice of the change.