TERMS AND CONDITIONS – DISCLAIMER
Event Terms and Conditions – 29 July 2012. Updated 20 December 2021
NX Biz Pty Ltd – ABN 21141818779 PO Box 1366, Kingscliff NSW 2487 – Phone: 1300282949 Email: email@example.com – Web: www.nxsports.org
Sanctioned: NXsports events are sanctioned by: Triathlon Australia and or AusCycling. Triathlon Australia rules and regulations apply; and or AusCycling rules and regulations apply.
Terms and Conditions: WARNING: This is a legal document that affects your rights and must be accepted by all competitors and by their legal guardian/parent if under the age of 18.
1. I acknowledge that competitive sport involves real risk of serious injury or even death from various causes including; dehydration, physical stress and health failure; equipment failure; accidents with other competitors, spectators or road users; drowning, inherent race course risks; weather conditions and other causes.
2. I understand that I should not compete in this event unless I have trained appropriately and my physical condition has been verified by a medical practitioner as being of a high personal health standard to injure the expected stresses caused by competitive sport. I acknowledge that the leading cause (more than 90%) of non-traumatic sudden death of athletes is related to a pre-existing cardiac abnormality.
3. By competing, I accept all risks necessarily flowing from my participation which could result in loss of life or permanent injury. Accordingly, I release all persons or corporations associated directly or indirectly with the conduct of the event from all claims demands and proceedings arising out of my participation and I hereby indemnify them against all liability (including liability for their negligence and the negligence of others) for all injury, loss or damage arising out of or connected with my participation in this event. This release shall extend to and include Queensland Sports Management Pty Ltd, NX Sports Community Foundation Limited, NX Biz Pty Ltd, Triathlon Australia Inc., Triathlon Queensland Inc., Cycling Queensland -Queensland Cyclists Association Inc., AusCycling – Australian Cycling Federation Inc., and their respective directors, partners, managers, officers, agents, contractors, employees and volunteers including medical and paramedical personnel appointed for the event, the owners, licensees and occupiers of land upon which the event or any part of it is conducted, any statutory body or local authority having control over any land upon which the event or any part of the event is conducted or which is involved directly or indirectly with the event in any manner whatsoever and promoters, sponsors and event organizers. This release and indemnity continues forever and binds my heirs, executors, personal representatives and assigns.
4. I consent to receive all forms of medical treatment onsite at an event or in a medical facility and including ambulance transportation that the event organizers think desirable during or after the event.
5. I consent to event organizers using my name, image and likeness before, during or after the event for event promotional broadcasting or reporting purposes in any media.
6. I understand that compulsory insurance cover affected for participants in this event may not cover me for any or all injury, loss or damage sustained by me.
7. I accept the safety precautions undertaken by organizers (such as race course design, race course supervision, race safety briefings, bicycle and helmet safety checks) are a service to me and other competitors but are not a guarantee of safety.
8. I am fully responsible for the security of my personal possessions at the event including my bike and other valuable items within the race course and event operational area. NX Sports Community Foundation Limited and NX Biz Pty Ltd will not be liable for replacement of any personal possessions at any time or in any location.
9. My registration is not transferable to other people. If I am unable to compete, I am subject to the policy outlined in point 15.
10. I have listed or made written communication to the event directors my medical or physical conditions from which I suffer that might affect my performance or be relevant if medical treatment is needed. I accept the risk of competing despite these conditions.
11. I agree to abide by all race rules and directions issued by the Peak sporting bodies in the State of registration, and in the State in which the event occurs and the National Sporting Organisation and the event organizers.
12. I accept the event organizers may change the event format, course, duration or other race conditions at their discretion. If that occurs, this agreement applies to the changed conditions. I understand that all courses remain subject to final approvals of the asset holders, Police, and Council.
13. I accept that if I fail to return my timing chip in good condition to the race organisers on race day I will incur a replacement cost as agreed set by the timing provider and this will be invoiced to me.
14. I accept if a minimum number of ten (10) participants do not enter a race, the events organizers have the right to alter the prize money or prize pool at any time at their own discretion.
15. I agree that should I withdraw or not be able to participate for any reason, the following policy is in place:-
- Withdrawal 45 days or more out from the event I will receive an 80% refund or 100% credit
- Withdrawal 14-44 days out from the event I will receive a 50% refund or 100% credit
- Withdrawal 13 days or less out from the event I will receive no refund and 100% credit of your entry fee
- Withdrawal 48 hours or less out from the event I will receive no refund or credit of your entry fee
- Refunds or credits do not apply to items such as merchandise, accommodation, meals, travel and are only applicable to entry fees
- To receive credit or refund, withdrawals must be made in writing to firstname.lastname@example.org
16. I understand that the event organiser and event race director have at their discretion the option to postpone or modify the event due to safety, sanction, insurance, compliance, or other reasons and there will not be a refund. In some cases, the event organisers may fund cancellation and abandonment insurance cover for major events and if a settlement occurs, any refunds or credit will be pursuant to the conditions of the underwriter.
Note: Any refunds or credits pursuant to point 15 and 16 do not apply to items such as merchandise, accommodation, meals, travel and are only applicable to entry fees
17. If the event is cancelled or postponed, the event organisers will automatically transfer my entry to the next event date. All withdraw requests for transferred entries will be administered pursuant to point 15 and the new event date.
Note: Any refunds or credits pursuant to point 17 do not apply to items such as merchandise, accommodation, meals, travel and are only applicable to entry fees
18. I accept that any credit received pursuant to points 15 and 17 cannot at a later point be converted to cash. Any vouchers awarded (prize or credit) expire 3 weeks before the desired event date, and are only to be applied to enter the original recipient. All vouchers must be used in a single transaction and cannot be converted to cash.
19. I understand that I can upgrade my entry to another category I will be required to pay the difference in cost. I understand that if I downgrade my entry, I am not eligible for a cash refund; a credit voucher for the difference can be supplied on changes requested more than 7 days in advance of the event.
20. I acknowledge and consent to photographs and electronic images being taken of me before, during or after the event by an official representative of the event organiser. I acknowledge and agree that such photographs and electronic images are owned by the event organiser and that the event organiser and event sponsors may use the image for promotional use. These images, my name and my event results may be used for reporting purposes or other purposes at any time by any form of media without my further consent being necessary. The event organiser is not responsible for photographs and electronic images taken by persons who are not an official representative of the event organiser.
21. I acknowledge that I have selected to receive the NXsports email newsletter and event updates electronically and I can unsubscribe at any time.
22. The event organiser, at its sole discretion, reserves the right to accept or not accept the involvement of competitors, participants, sponsors, volunteers or other persons or entities in an event.
23. The event organiser gives notice that any party who seeks to or perpetrates an action, which the event organiser in its sole discretion considers, seeks to defame, discredit, inflame, agitate, undermine, troll people and entities involved in the event, will have their current right of participation in the event or their request for entry into a future event cancelled without appeal or refund of entry fees if applicable.
24. I acknowledge that there may be a minimum speed required to complete this event. I accept that if I do not meet the curfews, I will not be able to complete my ride/race.
25. Pursuant to point 24, I accept that if I do not complete the full event, I am not eligible for a full or partial refund or credit.
Participant Agreement with NX Biz Pty Ltd and NX Sports Community Foundation Limited – dated 07 December 2009, updated 06 June 2010, updated 12 October 2011, updated 8 January 2016, updated 8 August 2018.
I, [the person registering and or entering to participate] agree to abide by the event rules and technical regulations of NXsports; and the State, National Sporting Organisation rules under which the event is sanctioned;.
I agree to participate in accordance with the State, Federal Laws; and will accept and comply with Council, Police permit conditions. I accept that this event includes inherent risk and accept full responsibility for my own medical condition.
By signing this agreement I am entering into a binding agreement for the entire length of the event and agree that event organisers have absolute authority regarding decisions affecting the administration and conduct of the event.
I agree to be solely responsible for all nominations and related fees payable for participant entry.
I understand the event has an abuse / violence zero-tolerance policy and a code of conduct to which I agree to comply as stated on web sites of the Australian Sports Commission and State or National Sporting Organisation under which this event is sanctioned.
NXsports agrees to deliver event service accordingly upon payment of set fees and compliance with agreements.
HOW DOES NXSPORTS COLLECT PERSONAL INFORMATION? NXsports will not collect personal information unless the information is necessary for one or more of its functions or activities. NXsports will also only collect personal information by lawful and fair means and not in an unreasonably intrusive way. NXsports collects personal information in a number of different ways. NXsports collects personal information from its new and existing members through Member Organisations through application and other forms. Personal information from non-members, who register for our events, is collected through registration or enrollment forms. NXsports also collects personal information from online forms on our website.
WHAT PERSONAL INFORMATION DOES NXSPORTS COLLECT? The type of personal information we may collect from you generally comprises name, address, age group, gender, contact details (including phone, fax and email) and information, collected primarily for the following purposes, in the course of our business:- Personal information of participants in sport events entered under our auspices, to effectively operate such events and for insurance purposes; Personal information of our coaches, officials and volunteer crews, to effectively operate the events referred to and for insurance purposes; Personal information of participants in corporate hospitality and events, so that we can analyse our market and, unless advised otherwise, for direct marketing purposes; Personal information of participants in our various events, courses and competitions to contact in the event of an emergency, for insurance purposes and, unless advised otherwise, for direct marketing purposes; Personal information of subscribers to our on-line newsletters, so that we can service those subscribers and, unless advised otherwise, for direct marketing purposes; Personal information of customers of our on-line shop, so that we can service those customers and, unless advised otherwise, for direct marketing purposes. As explained below, the reason we collect this information is so that we can provide you with our services, manage our relationship with you, communicate with you effectively and identify which of our services will best meet your requirements.
HOW IS PERSONAL INFORMATION USED? The personal information collected from you by NXsports is used to: provide you with our services. This will include use of personal information for establishing and maintaining your membership record (if relevant), or to enroll you in one of our courses, events or competitions; and/or notify you about services and promotions offered by us and our sponsors (whether you are one of our members, or someone who attends our courses, events or competitions, or someone else we have identified as possibly interested in our services). NXsports may publish your participant information via a Start List and Event Results on the event website. NXsports will not include on this listing any personal information such as date of birth, mobile number, email address, or post code; information posted online may include first name, last name, gender, age group or category, activity, and result. Information provided will be used in various methods of communication namely but not limited too: direct mail, advertising, email, SMS, phone contact. We use the personal information we collect and store for the purposes we have either advised or for which we have obtained consent. We also carry out research using personal information from time to time, in order to improve our business and our products and services. The analysis is carried out using aggregated information, not information relating to specific individuals. As a sporting body, NXsports needs to enter into sponsorship arrangements with third parties from time to time. This will sometimes mean that NXsports uses personal information about you to provide you with information about products, services and promotions offered by our sponsors. If at any time you do not wish to be notified about the products, services or promotions offered by our sponsors, please let us know. NXsports does not provide personal information directly to sponsors.
WILL PERSONAL INFORMATION BE GIVEN TO ANYONE ELSE? In the circumstances described below, personal information may be disclosed outside NXsports. Outsourcing – Personal information collected by NXsports may be disclosed to third parties to whom NXsports contracts out specialised functions (including mailing houses, photographers, printing companies and event organisers). Insurance – Personal information collected by NXsports will be provided to the insurer when required. Club membership – Personal Information will be provided to clubs operating licenses for their audit requirements. NXsports does not sell, rent or trade personal information to or with third parties.
ACCESS AND CORRECTION Under the Privacy Act, you have a right to seek access to information which NXsports holds about you (although there are some exceptions to this). You also have the right to ask us to correct information about you which is inaccurate, incomplete or out of date. If you wish to exercise your right under the Privacy Act to seek access to the personal information that NXsports holds about you, we ask that you contact the Office. The web site provides a un-subscribe function that you may use to control the various communications being sent to you. The un-subscribe tool manages registrations that we may have for you and may be individually or by group switched on and off as required. If you have numerous registration member names – then the un-subscribe tool will need to be used for each registration name.
IS PERSONAL INFORMATION STORED SAFELY? NXsports takes steps to ensure the security of personal information held by it from such risks as loss or unauthorised access, destruction, use, modification or disclosure. NXsports only permits your details to be accessed by authorised personnel, and it is a condition of employment that NXsports employees maintain the confidentiality of personal information.
NON-CUSTOMER INFORMATION Sometimes, NXsports needs to collect personal information about individuals who are not members, or who are not people to whom we would generally offer our professional services.