Terms and Conditions

Port Fairy Marathon and Community Running Festival Terms and Conditions 2021

dated 28 June 2021

General

1. These terms and conditions relate to the Port Fairy Marathon and Community Running Festival to be held on 14 November 2021 which consists of a 42.2km event, a 21km event, 10km event and a 3.5km event (each individually or collectively as required an Event).
2. The Event is being conducted by the Port Fairy Marathon and Community Running Festival Committee established as a sub-committee of the Port Fairy Consolidated School Parents and Friends Association and is being auspiced by the Port Fairy Tourism Incorporation (Event Organisers).
3. The Event Organisers reserve the right to modify these terms and conditions at any time. It is recommended that participants and volunteers review them regularly. Changes and clarifications will take effect immediately on publication on the Event website. If the Event Organisers make a material change to these terms and conditions we will endeavour to make these known if they will have a significant impact on a participant or volunteer.
4. The Event is insured by [Insert].

Covid-19

5. You must NOT attend the event if you have fever or symptoms of respiratory infection (cough, sore throat, shortness of breath); have returned from overseas in the last 14 days or have been in close contact with a confirmed case of COVID-19 in the last 14 days.

Conditions of entry

6. As a participant or volunteer you acknowledge that:
   1. participating in the Event is a potentially hazardous activity, which could cause injury or death;
   2. you will not enter or participate unless you are medically able and properly trained;
   3. by completing and paying the registration, you certify that you are medically able to participate in the Event, are in good health and properly trained;
   4. you will abide by any decision of a race official or Event Organiser relating to any aspect of your participation in the Event, including the right of any official to deny or suspend your participation for any reason;
   5. you have read the terms and conditions and FAQ and agree to abide by them as well as abide by all laws and regular road rules while participating in the Event;
   6. you assume all risks associated with running in the Event, including but not limited to:
      1. falls, contact with other participants, the effects of the weather, including rain, cold, high heat and/or humidity, traffic and the conditions of the course including boat ramps and car parks, all such risks being known and appreciated; and
      2. bicycles and animals are not allowed in the race and you will abide by all race rules.
7. Having read these terms and conditions, knowing the circumstances of participating in the Event and inconsideration of your entry, you agree for yourself and anyone you are entitled to act on behalf of to, waive and release the Event Organisers including the Port Fairy Marathon and Community Running Festival, the Port Fairy Tourism Incorporated, Port Fairy Consolidated School, all event sponsors, their representatives and successors from all claims or liabilities of any kind arising out of your participation in the Event, even though that liability may arise out of negligence or carelessness on the part of the persons named in this waiver.  
8. By completing and paying the registration, you grant permission to the Event Organisers and all Event sponsors to use your image, photographs, motion pictures, recordings or any other record of this Event for any legitimate purpose in relation to advertising or promotion of the Event and future similar events including on the Event website, online materials and print materials.

Refund Policy

9. Up until midnight on 15 October 2021 a participant can withdraw from the Event and be refunded the entry fee minus a $10 administration fee. A refund will not be provided to a participant who withdraws after this date.
10. To be eligible for a refund you must notify the Race Director in writing using the portfairymarathon@gmail.com email address prior to the cut-off date. This email will need to contain your BSB and account number.
11. If the Victorian state government enforce restrictions relating to Covid-19 or any other major event occurs such as a flood, fire or pandemic that, in the opinion of the Event Organisers, mean the Event cannot proceed either directly or indirectly due to restrictions, limits on numbers or compliance requirements, participants may be refunded the entry fee minus a $10 administration fee.
12. If there are any threatening weather conditions including thunderstorms, electrical storms, extreme heat, heavy rain or other major weather conditions on the day of the Event, at the sole discretion of the Event Organisers, the Event may be delayed or cancelled. If weather conditions force cancellation of the Event, no refunds can be provided, as the funds will have been spent in preparation for race day.
13. In compliance with these terms and conditions, Event Organisers may, in the Event Organiser’s absolute discretion, choose to reschedule a delayed or cancelled Event.
14. Where available, refunds will be processed automatically once per week. Please allow up to ten days for your refund to appear in your account.

Event Withdrawal Policy

15. If a participant withdraws from an Event during their participation, they must advise a course official of their withdrawal. This allows Event Organisers to ensure you are safe and direct you to appropriate assistance.

Privacy

16. When a participant registers for the Event, the Event Organiser collects your personal information such as your name, contact details and email address. As part of the registration you will be asked if you consent to receive emails about the Event and other event related topics and updates as well as information about similar events.

17. You may withdraw your consent for us to contact you at any time by contacting us on portfairymarathon@gmail.com

18. If you would like to access, correct, amend or delete any of your personal information held by Event Organisers, register a complaint or simply want more information please contact us at portfairymarathon@gmail.com

Copy of Participant Entry Conditions including waiver

1. I now acknowledge that I have read and understand the terms and conditions for the Port Fairy Marathon and Community Running Festival to be held on 14 November 2021 (or such other date in accordance with the terms and conditions) which consists of a 42.2km event, a 21km event, 10km event and a 3.5km event (each individually or collectively as required an Event).
2. I acknowledge on my behalf as well as any participant for which I am acting as agent or guardian for that I agree to be bound by the Event terms and conditions.
3. Having read the terms and conditions, knowing the circumstances of participating in the Event and inconsideration of my entry, I agree for myself and anyone I am entitled to act on behalf of to, waive and release the Port Fairy Marathon and Community Running Event Committee established as a sub-committee of the Port Fairy Consolidated School Parents and Friends Association and is being auspiced by the Port Fairy Tourism Incorporation (Event Organiser), Port Fairy Consolidated School, all event sponsors, any of its agents, affiliates, employees, members, volunteers, and any person or other body directly or indirectly associated with the Event from all claims, demands and proceedings of any kind arising out of or in connection with my participation in the Event. I indemnify them against all liability, even though that liability may arise out of negligence or carelessness on the part of the persons named in this waiver (to the fullest extent permitted by law) however caused arising, as a result of or in connection with my participation in the Event.
4. As a participant or volunteer I acknowledge that:
   1. participating in the Event is a potentially hazardous activity, which could, among other things, cause serious injury or even death;
   2. I will not enter and participate unless I am medically able and properly trained;
   3. by completing and paying the registration, I certify that I am medically able to participate in this Event, and I am in good health, and properly trained;
   4. I will abide by any direction and decision of a race official or Event Organiser relating to any aspect of my participation in the Event, including the right of any official to deny or suspend my participation for any reason;
   5. I have read the terms and conditions and FAQs and agree to abide by them including the Event rules and timelines, as varied from time to time available on the Event website;
   6. I voluntarily assume all risks associated with running in the Event or any activity associated with it, including but not limited to:
      1. falls, over exertion, dehydration and accidents with other participants, spectators or road users, the effects of the weather, including high heat and/or humidity, traffic and the conditions of the road including boat ramps and car parks, all such risks being known and appreciated; and
      2. bicycles and animals are not allowed in the race and I will abide by all race rules.
5. I consent to receiving any medical treatment that Event Organisers and volunteers arranged by the Event Organisers deemed appropriate to administer first aid provide before, during or after the Event.
6. I acknowledge that I am not (and no other person is) entitled to a refund or credit of any nature in relation to the entry fee(s) and/or ancillary items I have paid (for myself or another person), for any reason, or in any circumstances, unless and to the extent that the Event Organiser is required to provide a refund or payment at law or as set out in the Event terms and conditions. I acknowledge that the Event Organiser is entitled to deduct administrative, legal, operational and other costs from any amount (if any) I would be entitled to receive by way of refund.
7. If the Victorian state government enforce restrictions relating to Covid-19 or any other major event occurs such as a flood, fire or pandemic mean that, in the opinion of the Event Organisers, the Event cannot proceed either directly or indirectly as a result of restrictions, limits on numbers or compliance requirements, participants may be refunded the entry fee minus a $10 administration fee. In those circumstances I acknowledge that I have no claim against the Event Organiser for any loss or damage incurred by me related to cancellation or changes to the Event including but not limited to any travel, accommodation, training, medical, equipment and apparel costs.
8. The Event Organiser collects information from all participants and may provide this information to Event sponsors or insurers. I consent to my details being disclosed to parties necessary in the conduct of the Event, medical officials during treatment and official charities for purposes of issuing Tax Invoices. I consent to the publication and/or use in any form of media of my name, image, voice, results, statements or otherwise, without payment or compensation and agree that I will reasonably expect to receive marketing material, such as SMS, email and entry forms, from the Event Organiser, Port Fairy Tourism Incorporation and sponsors.