TOOWOOMBA MARATHON 2024 ENTRY TERMS
Gold Coast Events Management Limited ABN 30 087 348 329 of 105 Upton Street Bundall Qld 4217 (EMQ) is the owner and organiser of the Toowoomba Marathon (inclusive of all races from Marathon, Half Marathon, 10km, 5km and 2km and all ancillary events, functions) to be staged in Toowoomba 5 May 2024 (TWM).
The completed online entry form (Form) and these terms (including any incorporated terms) form a legally binding contract (Agreement) between the person named on the Form (you) and EMQ. By submitting the Form, you have chosen to participate in the TWM (for yourself or on behalf of a minor) and agree to the terms of this Agreement.
Application & Registration Process
1. EMQ will not process any Form which is not clear, signed or completed in full. EMQ reserves the right to not accept any Form in its absolute discretion, including if information provided is not clear.
2. If EMQ accepts your application, EMQ will send you a confirmation email to the email provided on the Form and you will be issued with a race number granting you the right to participate in the TWM on the terms of this Agreement.
3. Race numbers must be collected from the designated check-in centre. The race number is issued to you, is non-transferable and must be worn during the race.
4. For the avoidance of doubt, all costs associated with attending the TWM will be at your own expense, including any travel, accommodation, food and beverage and uniform costs.
5. Once you register, you are not entitled to a refund of your entry fee, including for non-starters and non-finishers.
6. You agree to abide by the World Athletics, Athletics Australia and TWM rules and regulations, including in relation to any minimum age, eligibility or qualification requirements, gender; results, protests and discipline and conduct issues; and anti-doping and race fixing policies. You agree that failure to comply with those rules and regulations may result in your suspension or automatic disqualification from the TWM and further action will be at the discretion of World Athletics or Athletics Australia.
7. You agree to comply with race policies and racing etiquette as specified on the TWM website and as explained in FAQ, including the Cut-Off Policy. You acknowledge that the TWM may have a limit on the number of participants and you accept EMQ has the right to accept applications for entries in its absolute discretion until the maximum number of entries is obtained. You accept that race formats may change based on entry numbers given course restrictions and safety focus. If the minimum number of entries is not received for a given race, you accept that race may be cancelled.
8. Any disputes on eligibility or related Race Rules under this section will be determined by TWM’s nominated race official, whose decision will be final and binding.
9. For the purposes of these Terms, Venue means the entire course of the TWM, the race precinct, the event lawn, recovery areas, team zones, the check-in centre, and any activation, food and beverage, concession or sponsor areas.
10. These conditions grant EMQ the right to refuse you entry to, or evict from, the Venue if you are deemed to be a source of danger, nuisance, or annoyance or otherwise give rise to concerns in relation to the safety and security arrangements for the TWM, including excessive noise, use of foul, obscene, abusive or racist language or gestures, the wearing or other display of commercial, political or offensive signage or logos, or the throwing of any object that might injure or cause damage to people or property.
11. You must comply with the directions or announcements from EMQ or Venue staff and any other requirements relating to access and safety given by EMQ or Venue staff or authorities.
Assumption of Risk and Behaviour
12. You warrant you are in good physical condition and health and capable of participation in the TWM. EMQ bears no liability for any personal injuries, health problems or death sustained at or after the TWM, including directly or indirectly resulting from any existing medical condition.
13. You are warned that participation in the TWM involves risk of personal injury and/or death, including from collision with participants, fixtures, vehicles, third parties; falls, slips, impact with objects and spikes; being struck by objects/other participants; suffering psychological symptoms, heart attacks, strokes, heat exhaustion and dehydration. You acknowledge that you have been warned of the risks and that you participate in in the TWM at your own risk and assume all risk and liability for personal injury or death, including that of any minors under your care.
14. You must maintain safe, prudent and respectful behaviour at all times during the TWM. You are responsible for your own conduct whilst at the Venue and must pay for the cost of repair of any damage caused because of your conduct.
Insurance and Injury Procedures
15. You acknowledge and accept that no sports or personal injury insurance is provided by EMQ to cover your travelling to, or participation in, the TWM. EMQ recommends that you should obtain your own medical/sports/personal injury/personal public liability insurance and/or personal accident insurance (including for death or permanent incapacity and income protection) in respect of your participation in the TWM and its related activities.
16. If you sustain an injury or illness, or exacerbate a pre-existing medical condition, whilst participating in the TWM, you authorise TWM Medical Personnel to perform and administer medical treatment as deemed necessary. You agree to receive and pay for the cost of all medical treatment administered before, during or after the TWM, including ambulance and hospitalisation costs and any other related service.
Use of Image and Recordings
17. You may be photographed individually or in a crowd scene and/or your voice recorded at the TWM, with or without your knowledge. You irrevocably and unconditionally consent without compensation to the recording, transmission and use of your likeness and/or voice by any means (including, audio and visual recordings by television cameras and photographers) throughout the world, to the fullest extent possible in perpetuity, by EMQ and its nominees.
18. Patrons are not permitted to transmit, broadcast, sell, license or otherwise publish, disseminate or reproduce any recordings (including photographic, video or sound recordings) of the TWM without EMQ’s prior written approval. If you make, reproduce or use any recording, data or image prohibited under this condition, you must assign in writing all copyright and intellectual property rights to EMQ or its nominee.
Release and Indemnity
19. You agree:
(a) not to bring any claim or proceeding against EMQ for any damage, loss, injury or liability you may suffer in participation in the TWM, including accessing the Venue; and
(b) to safeguard your equipment, phones, cameras or property (including personal property such as bags and money) and acknowledge that EMQ is not responsible for any lost, stolen or damaged property.
20. You indemnify EMQ from and against all expenses, losses, damages and costs that may be incurred as a result of your participation in, or exclusion from, the TWM.
21. You certify that if you are acting as an agent of a participant of the TWM and accepting the participant’s application to participate in the TWM, you have been granted their authority (or if a minor, the authority of their caregiver) to grant an indemnity to EMQ on behalf of the team and/or on behalf of each individual participant.
22. EMQ respects the privacy of the individuals on whom EMQ collects, uses and discloses personal information. The personal information that EMQ collects is used and disclosed only for the purpose of registration, the proper and efficient staging of the TWM, any medical treatment, de-identified post-TWM reporting and otherwise to give effect to any of its rights under this Agreement. You may request access to personal information EMQ holds about you by sending an email to email@example.com.
23. Unless you expressly opt out where indicated, your name and race number will be searchable via the results page enabling your location to be tracked during the race.
Cancellations and TWM Changes
24. There are no refunds payable unless expressly permitted by law. You can, however, transfer your registration online at no additional cost. You may change your registration online to another race at no additional cost, provided that you pay any increased difference in the amount between your new race and your entered race.
25. EMQ may disqualify you and/or cancel or suspend your race number if you are in breach of any term of this Agreement, including in relation to Race Rules, Venue Conditions and Assumption of Risk and Behaviour.
26. All dates, times, races and venues of the TWM may change without notice to you.
27. EMQ may postpone, cancel, interrupt or stop the TWM, or deny access to the Venue, due to a force majeure event, adverse weather, dangerous situations or any other causes without any compensation to you.
28. EMQ is not liable to you for any loss or damage you suffer as a result of the TWM, or any part of it, being cancelled, postponed or changed. EMQ disclaims the existence of any common law duty of care to you.
29. Lost or stolen race numbers must be immediately reported to EMQ. EMQ may, in its absolute discretion, issue a replacement race number and charge a replacement fee.
30. EMQ may choose not to enforce a term of this Agreement in some cases in its absolute discretion without affecting its right to enforce that term in other cases.
31. This Agreement:
(a) is governed by the law applicable in Queensland and each party submits to the jurisdiction of the courts of that territory; and
(b) is the entire agreement between EMQ and you in respect of its subject matter.
32. EMQ reserves the right to update, modify or change these Terms from time to time. Any changes will be available on EMQ’s TWM website.