TERMS AND CONDITIONS – DISCLAIMER
Event Terms and Conditions – 29 July 2012. Updated 3 February 2020
NX Sports Community Foundation Limited – ABN 99145432006
PO Box 1366, Kingscliff NSW 2487 – Phone: 1300282949
Email: email@example.com – Web: www.nxsports.org
NXsports events are sanctioned by: Triathlon Queensland and Triathlon Australia; and or Cycling Queensland and Cycling Australia. Triathlon Australia rules and regulations apply; and or Cycling Australia 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., Cycling Australia – 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 refund policy below. If the event is cancelled by way of circumstances beyond the control of the event directors, I am subject to the conditions of Event Protect outlined below.
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 need to withdraw for whatever reason, the following refund policy is in place:-
- Withdrawal 45 days or more out from the event you will receive an 80% refund or 100% credit
- Withdrawal 14-44 days out from the event you will receive a 50% refund or 100% credit
- Withdrawal 13 days or less out from the event you will receive no refund and 100% credit of your entry fee
- Withdrawal 48 hours or less out from the event you 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 the event due to safety, sanction, insurance, or compliance 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, the refund policy is 80% of the entry fee.
17. If the event is cancelled or postponed by organisers due to a pandemic (ie. COVID-19), the event organisers may provide participants three options for their entry:
- Automatic transfer to the next event date
- 100% credit to any NX event over the next 12 months
- Refund of the entry fee including one day license less the 4.6% bank transaction fee
- 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 prize vouchers must be used in a single transaction and cannot be converted to cash.
19. 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.
20. I acknowledge that I have selected to receive the NXsports email newsletter and event updates electronically and I can unsubscribe at any time.
21. 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.
22. 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.
23. 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.
24. Pursuant to point 22, 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 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.
EVENT CANCELLATION PROTECTION
NXsports is a Member of Event Protect, the industry-standard in event cancellation protection.
Our Membership of Event Protect provides certainty of our ability in the case of a cancellation / postponement / abandonment / curtailment of an event covered under the Event Protect Programme, to provide refunds directly to ticket holders in a fast and transparent way.
As a Member of Event Protect, NXsports is protected against all risks that are:
- beyond the control of the event organiser and NX Sports; and
- not listed in the event cancellation policy exclusion list
Examples include, but are not limited to: adverse weather conditions, key event supplier failure, transport failure causing a cancellation, breakdown of key equipment etc.
Please note, the Event Protect Programme is not a replacement for any insurance a customer may directly arrange for their own protection and does not provide any direct cover or benefit to Members’ (Our) customers. Customers purchasing tickets and services hold no rights under the Programme.
For more information and a list of all inclusions and exclusions, please see: https://www.eventprotect.co/images/Event_Cancellation_Policy.pdf