Waiver

General Waiver Agreement and Release

Acknowledgement

I, the undersigned, affirm that I participate in this run at my own risk, that there will be some support available and some 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 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. 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 and/or ambulance if I become lost or suffer any medical problem. If I have a pre-existing illness that will compromise my ability to complete the race I will not start. I will not start the race if ill or injured.

Exclusion and Limitation of GOW100s Organisers

In this clause, references to GOW100s Organisers include all of GOW100s Organisers as listed on the Organisers page, employees, contractors, agents and volunteers assisting GOW100s Organisers in the organisation and conduct of the run. The GOW100s 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 GOW100s 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 GOW100s Organisers from any and all such claims and indemnify the GOW100s 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 GOW100s 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 GOW100s 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 GOW100s 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. 

Consequential Losses

Without limitation to any other provision of this document and to the fullest extent permitted by law, the GOW100s 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 GOW100s Organisers, its employees, agents or sub-contractors.

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