April 4, 2023

Waterfront Half Marathon Waiver and Terms and Conditions

Press Release
Waterfront Half Marathon Waiver and Terms and Conditions

RUNNING EVENTS - WATERFRONT HALF MARATHON (AT THE RAINBOW GAMES 2024) WAIVER

All entrants to this event must agree with these terms and conditions, and release from liability. If you are entering on behalf of someone else, you accept the waiver terms on their behalf. If you do not accept the terms of this waiver, you must cancel your entry transaction now.

1. I understand that competing in this event involves the real risk of serious injury or even death from various causes including but not limited to overexertion, heart attack, dehydration, or accidents. I understand that competing in this event involves running or walking on public roads used by other people and traffic, and I am aware of the hazards involved. The hazards include but are not limited to: vehicle traffic, actions of competitors, spectators, event personnel, weather conditions, and my physical and mental state of health.

2. I understand that I must not compete in this event unless I have trained appropriately, my physical condition has been verified by a medical practitioner, and I confidently believe that I am sufficiently fit and healthy to compete in this event.

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/or recklessness and the negligence and/or recklessness 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: Lazy Dude Media (trading as Running Events), the organisers of the event and their associates, including 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 it is conducted or which is involved directly or indirectly with the event in any manner whatsoever; and promoters, sponsors and event organisers. This release and indemnity continues forever and binds my heirs, executors, personal representative and assigns.

4. I consent to receiving any medical treatment that the event organisers think desirable during or after the event.

5. I acknowledge that safety precautions undertaken by organisers (such as course supervision, event rules and the race safety briefing) are a service to me and other competitors but are not a guarantee of safety. I accept that I have an important responsibility to carefully read and listen to all safety briefings and to immediately seek clarification on anything which is not entirely clear to me.

6. I consent to the event organisers using my name, image and likeness before, during or after the event for event promotional broadcasting or reporting purposes in any media. I consent to the use of drone aircraft above and around me to capture images and video during the event.

7. I understand that I am fully responsible for the security of my personal possessions at the event.

8. I understand that my event registration is not refundable for cash under any circumstances and I have read and understood Running Events’ “Refunds & Deferrals Policy” at https://runningevents.co.nz/refunds (updated 16 May 2022).

9. If the event is cancelled due to poor weather or any other condition beyond the control of the organisers, I accept that my entry fee will not be refunded.

10. I agree to my name and contact details being included on the event database. These maybe used for promotional purposes by event stakeholders. I may unsubscribe from this at any time. I agree that my contact details may be passed to third-party service providers where it is specifically required to deliver goods and services I have purchased from Running Events.

11. I agree to abide by all race rules and directions issued by the event organiser.

12. I acknowledge that by reason of circumstances beyond the control of the event directors, it may become necessary or desirable to change the format of the event, and if that occurs, I consent to the changes and I agree that each and every of the conditions herein set out shall apply to that changed event.

13. If I am aged under 18 years, I will have these terms and conditions viewed and signed by my legal guardian (on postal entries) or agreed (through the online entry process) in order for me to compete in the event, and that my legal guardian will be responsible for my safety during the event.

14. During the ongoing COVID-19 pandemic, where government advice is that the safety of mass-participation events is best served by only allowing vaccinated participants, the event organiser may require proof ofCOVID-19 vaccination (or medical exemption) as a condition of my participation.

 

RAINBOW GAMES 2024 TERMS AND CONDITIONS - RUNNING SPECIFIC

Rainbow Games Tāmaki Makaurau Auckland is organised by the Pacific Rainbow Games Trust, a charitable trust based in Tāmaki Makaurau Auckland.  By registering to participate in Rainbow Games Tāmaki Makaurau Auckland you accept the following Terms and Conditions:

1.    DISCLOSURE OF PERSONAL INFORMATION

I understand that as part of the registration process of Rainbow Games Tāmaki Makaurau Auckland, personal information will be collected and stored in accordance with Aotearoa New Zealand legislation. I accept the collection, use and disclosure of my personal information for the purpose of enabling my participation in the sports, conference and cultural programmes of Rainbow Games Tāmaki Makaurau Auckland and for the purpose of receiving information related to my participation in this event in the form of electronic newsletters, promotional flyers and other communication media.

I give my consent that Rainbow Games Tāmaki Makaurau Auckland may disclose my personal information to any third parties, including Running Events and Waterfront Half Marathon, who are involved in the organisation, on behalf of Pacific Rainbow Games Trust and/or of Rainbow Games Tāmaki Makaurau Auckland for the purposes of promoting the games and to promote future events. I accept that my name could be published online for the purpose of tournament schedules, medal ceremonies and ranking lists. When registering, participants have the option of indicating a name of their choosing, rather than their given name.

2.    AGE POLICY

The age limit for participation in Rainbow Games Tāmaki Makaurau Auckland is 18 years. Accordingly, participants must be 18 years old or older on the day of the opening ceremony (Friday 5 April 2024).

3.    GENDER POLICY

This section is to be read in accordance with the Rainbow Games’ Gender Inclusion Policy and which shall apply to all athletes registering and participating in any events hosted by Rainbow Games Tāmaki Makaurau Auckland. Rainbow Games Tāmaki Makaurau Auckland affirms and supports the rights of athletes to compete as their true selves and to compete in the gender category that accords with their gender identity.

4.    HEALTH AND INSURANCE

I declare that I am in a physically fit and healthy state which is required for participation in events of Rainbow Games Tāmaki Makaurau Auckland for which I am registering, and that I am not aware of any serious medical condition that would prevent me participating in these physical activities. For clarification, it is agreed that having been diagnosed as HIV positive is not considered a serious medical condition for the purposes of this clause.

If I sustain an injury or illness while participating in any role in Rainbow Games Tāmaki Makaurau Auckland, I hereby authorise any medical or health personnel to perform and administer first aid medical treatment as deemed necessary and to seek more specialised medical attention at hospitals and health care institutions if deemed necessary by any first aid and medical staff or contractors.

I accept that it is my responsibility to organise my own travel insurance and personal insurance to cover my property and myself and possible damage to a third party for the whole period of the event.

5.    LIABILITY

I acknowledge that I am fully aware of the risks and hazards inherent to participation in the different events of Rainbow Games Tāmaki Makaurau Auckland. I acknowledge and agree that I have elected to voluntarily enter this agreement and to assume all risks of loss, damage and injury, including death, that I may sustain because of my participation in any of the sports or other events that I participate in. I hereby fully release Rainbow Games Tāmaki Makaurau Auckland and/or Pacific Rainbow Games Trust and all of its affiliated companies, sponsors, agents, officers, directors, members, volunteers and employees from any claims, actions, suits or demands of whichever nature arising out of or related in any way to my participation in the events of Rainbow Games Tāmaki Makaurau Auckland , including any loss, damage, injury or death sustained by any third party as a result, directly or indirectly, of my participation in the event. I hereby fully indemnify Rainbow Games Tāmaki Makaurau Auckland and all of its affiliated companies, sponsors, servants, agents, officers, directors, members, volunteers and employees against all expenses, losses, damages and costs that they may incur as a result of my participation in the event.

6.    RULES AND REGULATIONS

Event management has the discretion to extend and/or change venues in order to facilitate competitions.  If sports are oversubscribed, larger venues may be used to accommodate increased competitions.

Participants be ready and able to play in the competition at the scheduled match time. If a participant, or full team is not ready at the scheduled time, they may face disqualification.

I agree to abide by the rules and regulations of Rainbow Games Tāmaki Makaurau Auckland events as determined by it and governing bodies for sport and cultural events, including all written and verbal instructions given by designated officials and event managers.

Applicable rules and regulations include – but are not limited to:

I agree that any failure to comply with the official instructions, rules and regulations of Rainbow Games Tāmaki Makaurau Auckland or governing bodies for sports, conference and culture events may result in immediate disqualification from events or from the games.

I accept that the decisions of Rainbow Games Tāmaki Makaurau Auckland tournament officials are final.

Rainbow Games Tāmaki Makaurau Auckland reserves the right to have designated officials reclassify sports, cultural event and conference participants where the registrant has self-selected a grade, level, category, division or other classification. Rainbow Games Tāmaki Makaurau Auckland reserves the right to combine or eliminate grades, levels, rounds, event lengths, categories, divisions, or other classifications if deemed necessary at it ’s complete and sole discretion.

I am aware that some venues or locations may have restricted accessibility or restrictions to serve special needs. Event organisers are committed to make sports, politics and culture accessible for everyone where possible. Rainbow Games Tāmaki Makaurau Auckland will follow local legislation and aim for a fully accessible event independent of any special needs or disabilities.

7.    CANCELLATIONS AND REFUND POLICY

Venues, competition days and schedules of events may be changed or cancelled at event organiser’s absolute discretion, after which it may be decided to provide a refund of registration fees. In the running disciplines (5k, 10k and Half Marathon), in the case that either organisation (Rainbow Games or Running Events/Waterfront Half Marathon) is compelled to cancel the 5k, 10k and/or Half Marathon for any reason, participants may be offered the choice between registering for another sport or withdrawing their participation. In either case, the deferral or refund is subject to administration and running entry fees to be additional to the deferral fee for another sport or deducted from the refund price.

Cancellations must be notified in writing.

  • For the Running events, participants may cancel their registration in the event up until 11.59pm on Thursday 1 February 2024. You will be entitled to an 80% refund of your registration fees, less any administration costs and running event entry fee.  
  • Cancellations received between Thursday 1 February 2024 and Monday 4 March 2024 are entitled to a refund of 50%, less any administration costs and running event entry fee.  
  • No refunds or deferrals to other sports will be issued for notifications received after 11.59pm on Monday 4 March 2024 regardless of date of registration.

Except as provided above, Rainbow Games Tamaki Makaurau is not liable to compensate or refund any costs or expenses you may have occurred if events or activities are cancelled. Events for Rainbow Games Tamaki Makaurau may proceed in all weather and other environmental conditions provided that the event organisers and event officials determine, in their sole discretion, that it is safe to do so. The event organisers may reschedule or cancel some or all events for any reason, including but not limited to any extraordinary circumstance beyond its reasonable control, such as serious fire, storm, and/or flood, earthquake, explosion, act of a public enemy, war, insurrection, terrorist act or threat of terrorist act, sabotage, epidemic, pandemic, embargoes, strikes and/or labour disputes, acts of God, acts of any government whether national, local or otherwise, or any agency thereof which affects the performance of the event organisers, including a lack of funds or being or becoming insolvent, as well as a lack of sufficient participation numbers.

In the event that the entire or parts of the games is cancelled, for any reason whatsoever, I agree that I will have no claim or take no action against Rainbow Games Tāmaki Makaurau Auckland in respect of any loss, damage or expenses incurred by me as a result of such cancellation, and I accept and agree that I will only be entitled to a partial refund of the registration fee.

Any refund of your fee(s) will exclude all currency conversion charges and administrative charges incurred by the event organisers in processing your original entry.  

8.    OUTREACH

I accept that some participants of Rainbow Games Tāmaki Makaurau Auckland may have their registration fee deducted or removed or gain other financial benefits as part of the Outreach programme. The criteria for gaining such benefits are based upon the Outreach Policy and will be provided to all who apply for the Outreach programme.

9.    TRADEMARKS AND BRANDING

I agree not to make any unauthorised use of the logo or trademarks, including Rainbow Games Tāmaki Makaurau Auckland, RGTMA, Rainbow Games 24 or any variation on these, on personal or team uniforms/clothing, merchandise, or promotional material.

I agree not to act in a way that would harm or compete with or devalue Rainbow Games Tāmaki Makaurau Auckland sponsors’ rights regarding branding potential, logo rights, exclusive presence, etc. at venues where events are being held. If at any time during the event, officials determine, at their sole discretion, that my actions may result in the devaluation of said sponsor rights or competes with the event sponsors, I will be required to immediately cease such action, including the removal of any uniforms, signs or other items that compete with sponsor or potentially devalues such sponsorship.

10.  PROMOTIONAL MATERIAL

I hereby grant Rainbow Games Tāmaki Makaurau Auckland the unconditional right to use, at its discretion, photographic pictures of myself in any form of media, art, advertising, trade, visual documentary, promotional material, merchandise or film coverage of any kind without compensation to me or approval by me. I will not make any unauthorised reproductions or copies of Rainbow Games Tāmaki Makaurau Auckland logo or likenesses without written permission from event organisers.

11.  APPLICABLE LAW

These terms and conditions shall be governed by and construed in accordance with the law of New Zealand and you hereby submit to the exclusive jurisdiction of the New Zealand courts.

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