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SPARTAN RACE SERIES

TERMS AND CONDITIONS OF ENTRY

In consideration of my (“I”, “my” or “myself”) and/or my child’s, children’s or any other minor under my guardianship (each a “Child” or together, “Children”) participation as a competitor, volunteer (or other staff member) and/or spectator (any of the foregoing, a “Participant”) in any Spartan Race event in Australia or New Zealand (whether Sprint, Super, Beast, Kids, Ultra, Agoge, Stadion, Trail, Hurricane Heat, Hurricane Heat 12 HR or otherwise), Spartan workout or other Spartan-owned, operated, licensed or sponsored event(s) (any of the foregoing and any ancillary events/activities/operations related thereto, an “Event”), I, on behalf of myself and the Child or Children, acknowledge, accept and agree to each of the following:

FITNESS, INJURIES, DAMAGE AND DEATH

1. The risk of injury, serious injury and/or death or damage to any of my property from or relating to an Event or activities involved participating in any Event, as a Participant, is significant and may include, without limitation, the following: (i) drowning; (ii) near-drowning; (iii) sprains; (iv) strains; (v) fractures; (vi) heat and cold injuries, including burns, heat-related illness and hypothermia; (vii) over-use syndrome; (viii) injuries involving the acts or omissions of other Event Participants, spectators or vehicles; (ix) animal bites and/or stings and/or attacks; (x) contact with poisonous plants; (xi) accidents involving, but not limited to, paddling, climbing, biking, hiking, skiing, snow shoeing, travel by boat, truck, car or other convenience, falling from heights; (xii) heart attack or other heart-related illness or injury; (xiii) diseases from exposure to fecal contaminated water or slurry; (xiv) permanent paralysis; and/or (xv) death. In addition, there is a genuine risk of damage to a Participant’s property in connection with any Event, including damage to any vehicle while driving to or from, or while parking or being parked at, an Event.  While particular rules, equipment and/or personal discipline may reduce all the above-mentioned risks, the risk of injury and/or serious injury and/or death and/or property damage still exists and is still significant.

2. AFTER BEING GIVEN THE OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE EVENT AND THE RISKS RELATING TO THE EVENT, ON BEHALF OF MYSELF AND MY CHILD OR CHILDREN, I (undersigned) KNOWINGLY, VOLUNTARILY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE, WILFUL OR DELIBERATE MISCONDUCT OR ACT OR OMISSIONS OF THE RELEASEES, as hereinafter defined, or others, and assume full responsibility and all risks for myself and/or my Child’s or Children’s participation in the Event.

3. I knowingly and voluntarily agree to comply with any terms and conditions (which have been made available to me, whether via any Event website or otherwise) for a Participant’s participation in an Event.

4. If I observe an unusual and/or significant hazard during my presence at the Event, I will remove myself or my Child or Children from participation and bring such hazard to the attention of the nearest Event official.

5. To the fullest extent permissible by applicable law, I, on behalf of myself, and/or my Child or Children (if applicable), and our respective heirs, assigns, spouses, partners, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE INITIATIVE EVENTS PTY LTD, INITIATIVE EVENTS NZ PTY LTD, SPARTAN  RACE, INC., any venue owner or licensee of the Event, each related body corporate of the aforementioned, including any direct or indirect parent or subsidiary, any predecessor, successor, heir or assign of the aforementioned, each media partner, associated charity, sponsor, commercial partner or medical provider of any of the foregoing and each of the aforementioned respective owners, officers, directors, employees, contractors, representatives, agents, volunteers and affiliates (collectively, the “Releasees”) WITH RESPECT TO ANY ACTIONS, DEMANDS, SUITS, CLAIMS, DAMAGES, EXPENSE OR LOSS AND ALL INJURY, DISABILITY, DEATH, AND/OR LOSS OR DAMAGE TO PERSON OR PROPERTY, IN CONNECTION WITH  MY  OR  MY  CHILD’S OR CHILDREN’S  PARTICIPATION  IN  THE  EVENT,  WHETHER  ARISING FROM THE NEGLIGENCE OR WILFUL OR DELIBERATE MISCONDUCT OR ACT OR OMISSIONS OF THE RELEASEES OR OTHERWISE. I further agree to indemnify, defend and hold harmless, each of the Releasees from any action, demand, suit, claim, damages and/or expense arising from or relating to a Participant’s participation in or association with the Event, including, but not limited to, reasonable lawyers’ fees.
6. I, on behalf of myself, and/or my Child or Children, declare, attest and verify that: (i) unless indicated below, I am over 18 years of age and am legally signing on behalf of myself or, if applicable, my Child or Children; (ii) the Participant is or the Participants are free from all illnesses, injuries and defects that could interfere with any person’s (including his or her) safe participation in an Event; (iii) the Participant is or the Participants are physically fit and sufficiently trained to participate in all activities associated with the Event; and (iv) on the date of the Event, the Participant(s) will possess and be covered by private medical health insurance, individually or as part of a family, that extends to injuries or illnesses that may occur in connection with an Event. I acknowledge that the Participant and/or I, as the Child or Children’s parent/ legal guardian (if applicable), am aware and informed of the inherent risks in participating in the Event and that a Participant’s participation in an Event is entirely voluntary.

7. I, on behalf of myself, and/or my Child or Children, consent to administration of first aid and other medical treatment and related services, including evacuation/transport, in the event of injury or illness in connection with participation in the Event and hereby release and indemnify each of the Releasees from any and all liability or claims arising out of such treatment and/or services. I further consent and agree to obtain, furnish and allow, if required, the use and disclosure of my personal health information by such providers in connection with rendering services and or treatment and to sign any additional documents that may be requested by such providers, in connection such information or services.

THE EVENT – REGISTRATION, FEES, CANCELLATIONS, REFUNDS, ETC

8. I, on behalf of myself, and/or my Child or Children, agree that Initiative Events Pty Ltd has in its absolute discretion the ability to accept or refuse an application for registration and that online registrations for an Event close either when the Event director deems the field to be at a maximum size or at any earlier date determined by Initiative Events Pty Ltd in its absolute discretion, with or without notice.  After this date, we agree that entries can only be taken at the discretion of Initiative Events Pty Ltd. 

9. I, on behalf of myself, and/or my Child or Children, agree and understand that the Releasees reserve the right, in their sole determination, to postpone, cancel, or modify an Event due to weather conditions or other factors, whether or not beyond the control of the Releasees, that might affect the health and/or safety of Participants, and that the Event organizer or owner or licensee, including Initiative Events Pty Ltd, Initiative Events NZ Pty Ltd, Spartan Race, Inc. and/or their respective affiliates, will not be obligated to refund any Participant any fees.

10. I, on behalf of myself, and/or my Child or Children, agree that I can register for an Event online or in person provided I pay all entry, insurance and registration fees specified in the registration process or on the registration forms as required, including a mandatory, non-refundable insurance fee per Event race (currently $10 for individual races, $20 for Combos and $30 for a Trifecta Package).   

11. I, on behalf of myself, and/or my Child or Children, also agree and understand that any insurance claim I wish to make in connection with an Event with the relevant external insurer (in respect of which I have paid my insurance fees) will be dealt with and determined by that insurer in its discretion in accordance with the relevant terms and conditions relating to that insurance and that the Releasees will not be responsible for any such determination or handling of the claim.

12. Subject to applicable laws, I, on behalf of myself, and/or my Child or Children, agree and acknowledge that no refunds of any monies, insurance or entry/participation fees will be offered or payable in any circumstances no matter what the reason, including due to non-use, cancellation, failure to participate or dissatisfaction by me or my Child or Children.  However, if I (or my Child or Children) cannot attend an Event as a Participant:

1. 1. and wish to transfer the registration to another Event or to another Participant, I must notify Initiative Events Pty Ltd in writing (email) to info@spartanrace.com.au, providing the Participant’s name, together with the booking or registration reference, address and reason for desired cancellation;

1. 2. I can transfer the Event registration to another Event date in the current or next season, or to another Participant, provided I comply with the relevant terms and conditions. However, in such circumstances, I understand and agree that the Participant (or me if the Participant is my Child or Children) must first pay a transfer fee (currently $20 for adult Events and $5 for kids Events).  I understand that that this option is not available to Participants who are Seasons Pass or 4-Event Pass holders or Participants who have registered as part of a prepaid team,

provided the transfer request is made in accordance with all directions of Initiative Events Pty Ltd and is made and completed before any date determined by Initiative Events Pty Ltd prior to the relevant Event and, after this time, no transfers will be offered.

13. I, on behalf of myself, and/or my Child or Children, acknowledge and agree that all accommodation, catering, transport and all non-Event activities are the responsibility of the Participant(s).

IMAGE USE

14. I, on behalf of myself, and, if applicable, my Child or Children, irrevocably grant a perpetual, world-wide, royalty-free license and unlimited permission to each of the Releasees to use, reproduce, sell, license, disseminate, publish and/or distribute any and all photographs, images, visual or audio-visual recordings, steams videotapes, motion pictures, other recordings, or any other depiction of any kind of me or my or my Child’s or Children’s participation in an Event or related activity for any purpose (including any commercial purpose) and I understand that neither I or my Child or Children or any other person will be entitled to any payment or other compensation in connection therewith. I further hereby irrevocably and absolutely grant a perpetual, world-wide, royalty-free license and unlimited permission to the Releasees to film, videotape and record the performance of the Participant in the Event and subsequently to broadcast, telecast, stream, transmit, sell, distribute, license and otherwise utilize the same in whatever manner such Releasees shall deem appropriate. Such permission shall include granting the unlimited and irrevocable rights to the Releasees, without payment or other compensation of any kind to any Participant, to use, reproduce or broadcast the Participant’s name, nickname, image, likeness, voice, photograph, signature facsimile and/or biographical information in connection with the Event. I, on behalf of myself, and, if applicable, my Child or Children, acknowledge that Releasees shall have unlimited right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute depictions of or information about a Participant and all or any portion of the Event in which a Participant may appear on any and all audio, visual and audio-visual media platforms (including free to air or subscription television, any digital platform (including any website, app or social media platform) and in any print materials and in any other format or media now known or hereafter devised in perpetuity and without compensation to any Participant.

GENERAL - WAIVER

15. In consideration and in return for being allowed to participate in the Event, I, on behalf of myself, and, if applicable, my Child or Children, agree not to take any action or make any claim against, or make any demand of, any of the Releasees and release each of them from all present and future actions, claims and demands regarding my or my Child’s or Children’s participation in any Event, including any action, claim or demand made by me or my Child or Children or any of our respective heirs, successors, assigns, spouses, partners, personal representatives and/or next of kin.

16. If any of the provisions of these Terms and Conditions shall be deemed by a court of competent jurisdiction to be invalid or unenforceable in any respect, then, to the fullest extent permitted by applicable law, all other provisions of the Terms and Conditions shall remain in full force and effect.

17. FOR ELITE AND OTHER PARTICIPANTS COMPETING FOR CASH PRIZES ONLY: I voluntarily consent to have a sample of my urine collected at such times as testing is performed by Initiative Events Pty Ltd, Spartan Race, Inc. or any of their agents. I further understand that certain prescription and/or over-the-counter drugs that I may be taking can affect the results of these tests and that I will inform Initiative Events Pty Ltd prior to testing of any prescription and/or over-the-counter drugs that I am taking. I further authorize the release of all information and records, including test results relating to the screening or testing of my urine sample(s) to Initiative Events Pty Ltd, Spartan Race, Inc., any of their agents and each of their its officers, employees, and agents and that each of Initiative Events Pty Ltd, Spartan Race, Inc., any of their agents and each of their its officers, employees, and agents are hereby released from legal responsibility or liability in connection with any testing and for the release of such information and records as authorized by this paragraph 17.    Initial               

I HAVE READ AND FULLY UNDERSTAND THESE TERMS AND CONDITIONS. I UNDERSTAND THAT I HAVE GIVEN UP, ON BEHALF OF MYSELF AND MY CHILD OR CHILDREN, SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY AND UNDERSTANDING THEM FULLY.