Terms and Conditions of Entry
In consideration of being permitted to enter the Event the Participant, for himself, his personal representatives, heirs and next of kin hereby:
1. Acknowledges and agrees that:
a) the Event may involve; biking, hiking, running, driving, crossing and/or travelling on roads, yoga, and other unspecified activities.
b) the Participant is aware of and understands the type of activities he will potentially be involved in during the Event and recognises that the Event may include the following hazards:
- remoteness from assistance and/or medical aid,
- vehicle traffic,
- actions of other participants, spectators and the public,
- weather conditions,
- natural and man-made objects encountered during the Event,
- other unspecified hazards.
c) the Participant is aware of the potential hazards involved in the Event and acknowledges that there is a risk of injury to him and others (including permanent injury, mental injury, paralysis and death) and damage to property including, without limitation, any property in the Participant’s control or possession.
2. The Participant certifies that he is physically fit and, in particular, has sufficient fitness for participation in the Challenge. The Participant has not been advised by anyone including a qualified medical person that he cannot participate in the Challenge and knows of no reason why he should not participate in the Challenge.
The Event Organiser reserves the right, at its absolute discretion, to refuse entry to any Participant who it deems unsuitable to participate in the Challenge. The Event Organiser reserves the right, at its absolute discretion, to remove any Participant from the Challenge at any time for his own safety.
3. The Participant accepts he must attend the safety briefing to be held before the
commencement of the Challenge.
4. The Participant waives, releases and discharges from any and all liability for; death,
disability, personal injury, property damage, property theft and all other foreseeable risks,
claims or actions of any kind (including negligence and breach of contract) whatever and
however occurring (and including legal fees incurred as a result of any claim, whether it is
valid or not) which may arise, at any time, from or in connection with, directly or indirectly,
the Participant’s participation in and travel to the Event, the following persons or entities;
the Event Organiser, Event sponsors, Event producers, community organisations, all National and Local Government authorities in which the Event may be staged, the owners, licensees or occupiers of any property upon which the Participant may enter during the Event and; the respective officers, directors, employees, independent contractors, sponsors, representatives, agents, members and volunteers of the above including medical and paramedical personal appointed for the Event.
5. The Participant indemnifies and holds harmless the persons or entities mentioned in
clause 4 from any and all liabilities, claims or actions (including negligence) whatever or
however caused arising as a result of or in connection with, directly or indirectly, the
Participant’s participation in and travel to and from the Event, including any person
assisting the Participant or his team.
6. The Participant acknowledges that he is responsible for his personal property and
equipment during the Event.
7. The Participant accepts he is required to carry the compulsory gear (“Gear”), as specified
by the Event Organiser, with him at all times during the Challenge. The Participant
acknowledges that his Gear may be checked at any stage before, during, or at the finish
line of the Challenge by Event Officials. If a Participant does not carry the Gear the Event
Organiser reserves the right to remove the Participant from the Challenge.
8. The Participant accepts he is not to leave any item on the Challenge course. Any rubbish
the Participant may generate during the Challenge must be carried out by the Participant
to the finish line where it is to be disposed of appropriately.
9. The Participant agrees to wear the Challenge identification tag (“Tag”) provided to him by
the Event Organiser. The Participant accepts his Tag must be attached to the front of his
body and clearly visible at all times. Failure to comply with this condition may mean the
Participant’s completion of the Challenge will not be recognised by the Event Organiser or
the Event Organiser may remove the Participant from the Challenge.
10. The Participant accepts the communications, search, rescue and medical aid
arrangements put in place by the Event Organiser. The Participant understands and
agrees that in the first instance he is responsible for the provision of first aid to himself.
The Participant is responsible for his, and his team’s, timely removal from the Challenge
course to a medical facility should medical treatment be required. The Participant gives
consent to receiving any first aid and medical treatment which may be deemed advisable in the event of an accident, injury and/or illness as a result of the Participant’s involvement in the Event.
11. The Participant agrees that if he is unable to complete the Challenge for any reason he must inform Event officials at the nearest checkpoint of his decision to withdraw from the Challenge.
12. The Participant accepts that should he encounter a fellow participant who is injured or in serious difficulty he is obligated to provide assistance and/or support to that participant until the Event officials have been notified and suitable assistance has arrived.
13. The Participant certifies that the medical information supplied by him on the registration form for the Event is true and correct and consents to, and authorises, that information being provided to any medical practitioner, ambulance officer or any person involved or associated with any medical treatment or assistance that may be required by the Participant as a result of his participation in the Event, regardless of whether the treatment is actually given.
14. The Participant grants permission to the Event Organiser, agents, employees, contractors and sponsors to:
a) Photograph, film or otherwise record the Participant’s voice, image and likeness in connection with the Event (each, an “Appearance”); and
b) Commercially exploit all Appearances, including (without limitation) to use any Appearance in advertising, publicity, promotional and merchandising activities;
15. The Participant agrees that the Event Organiser is the exclusive owner of, and retains all copyright and any other intellectual property rights that are recognized or protected under law in, each Appearance and all adaptation, modifications and new versions of each Appearance, whether existing now or in the future.
16. The Participant agrees that the Event Organiser may assign any or all of its rights under this Agreement to any person or entity at any time without notice.
17. The Participant acknowledges that the Event Organiser reserves the right to alter the advertised course if conditions warrant or if the Event Organiser deems any alteration of the Challenge course is necessary for any other reason.
18. The Participant agrees that the Event Organiser may cancel or postpone the Event due to weather conditions, natural disaster, “acts of God”, terrorism, war, or any other reason so determined by the Event Organiser and that the Participant’s ticket will be not be refunded should cancellation or postponement occur pursuant to this clause.
19. The Participant agrees that the Event Organiser may cancel or postpone the Event due to outbreak of virus or disease, or central government restrictions. If the Event is cancelled due to outbreak of virus or disease, or central government restrictions the Participant’s ticket will be transferred to the following year’s event or the Participant may receive a 50% refund of the ticket price, excluding transaction fees. The Participant’s ticket will not be refunded if, following Ministry of Health advice, he is unable to attend the Event.
20. The Participant agrees to abide by the Event rules and all directions of Event officials, and understands that his ticket may be cancelled if through his actions or behavior, in the opinion of the Event Organiser, he breaks any of the Event rules or brings the Event into disrepute.
21. The Participant acknowledges and agrees that:
a) He must be the person named on the ticket and proof of photo ID may be required by the Event Organiser.
b) The Event Organiser reserves the right to cancel any ticket at its absolute discretion.
c) If the Event sells out the Event Organiser may create a waitlist and tickets will be offered, as they become available, in order in which registration to the waitlist was made.
d) Tickets may not, without the prior written consent of the Event Organiser, be resold in any circumstances. If a ticket is resold or acquired in breach of this condition, the ticket may be cancelled without a refund or the bearer of the ticket may be refused participation in the Event.
22. The Participant acknowledges that he is providing personal information to the Event Organiser and consents to the release of the personal information to third parties in connection with the uses contemplated by this Agreement.
23. The Participant acknowledges that his personal information may be held by the Event Organiser for the purposes of Covid-19 tracing and may be disclosed to the Ministry of Health.
24. The Participant acknowledges he is responsible for keeping all personal information held by the Event Organiser up-to-date. The Participant must notify the Event Organiser via the follow-up email received following registration of any medical conditions that could affect his safety.
25. The Participant acknowledges and agrees that he has chosen of his own free will to enter the Event and has not relied on any oral representations, statements or inducements by the Event Organiser when entering the Event.
26. The Participant certifies that he will be eighteen (18) years of age or older before the Event starts.
27. The Participant must be respectful of all Event staff and volunteers and adhere to all instructions from Event staff and volunteers. The Event Organiser reserves the right to remove any Participant from the Event who fails to comply with this clause.
28. The Participant acknowledges that it may be a condition of entry to some of the public facilities, used over the course of the Event, that a search of a person and/or his possessions is required at the time of entry and/or exit.
29. The covenants of the Participant in clauses 4 and 5 of this Agreement are given for the benefit of and are enforceable in terms of the Contracts (Privity) Act 1982 of New Zealand by those parties listed in clause 4. This Agreement may be varied by the parties to it without the approval of the parties listed in clause 4.
30. Any term of this Agreement which binds more than one party binds the relevant parties jointly and severally.
31. This Agreement may be executed by each signatory in separate counterpart copies, whether originals, photocopies, fax or electronic copies. When each signatory has executed at least one copy, the separately signed documents when brought together will form a binding legal agreement.
32. The Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other statutes may impose warranties, conditions or obligations on the Event Organiser which cannot by law (or which can only to a limited extent by law) be excluded. We exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.