General Waiver Agreement and Release (also known as signing your life away). Please read, as during registration you will be asked to tick a box inferring you agree to these conditions:
I, the undersigned, affirm that I participate in this run at my own risk, that there will be some support available and minimal route markings, aid stations will be positioned at predetermined points along the course, and minimal medical support or assistance and I cannot hold my fellow runners, those who advertise the run or anyone else involved in the run or anyone else, responsible for any accident, injury or death sustained by anyone, anywhere or any property lost, stolen or damaged.
I know that the run is potentially dangerous and traverses extremely rough and rugged bushland, that is inhabited by the standard Australian wildlife (ie snakes), and accept I could get hurt, lost, dehydrated, injured or could even die. I understand that I will be running in an area subject to severe and rapid changes in weather including, high temperatures, high winds, rain, and sleet or snow. I fully accept this on my own behalf.
I believe that I am fit enough to start and complete this run, or else have the capabilities to get back to civilisation or my support crew and that I am responsible for myself and the cost of any search and / or rescue if I become lost or suffer any medical problem. I will not start this race if I have any illness or injury that will affect my capacity to finish.
Exclusion and Limitation of Bogong2Hotham (B2H) Organisers
In this clause, references to B2H Organisers includes Andrew Hewat and Brett Saxon and employees, contractors, agents and volunteers assisting these Organisers in the organisation and conduct of the run. The B2H Organisers hold the benefit of your release, waiver and indemnity as the bare trustee of each of its officers, employees, contractors, agents and volunteers severally and any of them may rely upon it in respect of any claim made by you or in respect of your participation in the run.
Nothing in this document is to be read as excluding, restricting or modifying the application of any legislation which by law cannot be excluded, restricted or modified.
Exclusion of Implied Warranties and Indemnity
Any representation, warranty, condition or undertaking which (but for this clause) would be implied in this document by law, is excluded to the fullest extent permitted by law.
The B2H Organisers are not liable to you for any claim arising under this document in contract, tort, statute or otherwise in relation to the run and you release the B2H Organisers from any and all such claims and indemnify the B2H Organisers for the full amount of its costs of any such claims brought by you or on your behalf or arising out of your participation in the run. You acknowledge and agree that, in the event of your death, the legal personal representative of your estate may be liable to pay the B2H Organisers compensation under this indemnity out of your estate in respect of any claims brought by third parties (such as your family members or employers) arising out of your participation in the run.
Limitation of Liability
Without limitation to any other provision of this document, the liability of the B2H Organisers for breach of a condition or warranty implied by the Trade Practices Act 1974 (other than under Section 69) in relation to the supply of goods or services not of a kind ordinarily acquired for personal domestic or household use or consumption, is limited, at the B2H Organisers option, to: in the case of goods – the replacement of the goods, the supply of equivalent goods, the payment of the cost of replacing the goods or the payment of the cost of acquiring equivalent goods; or in the case of services – the supplying of the services again or the payment of the cost of having the services supplied again.
Without limitation to any other provision of this document and to the fullest extent permitted by law, the B2H Organisers will not be liable to You for consequential, indirect or special losses or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by You as a result of any act or omission whatsoever of the B2H Organisers, its employees, agents or sub-contractors.
(Tick box during registration)