ACTIVE QT – TERMS & CONDITIONS (WAIVER & LIABILITY)

This is an important document that should be read carefully and understood fully as it will affect your legal rights. It is a condition of your entry to and your participation in Active QT Events (AQTE) that you read and accept this document. By entering AQTE events you are deemed to acknowledge and agree as follows:

  1. I ACKNOWLEDGE that:

(a) Participation in the AQTE is a test of a person’s physical and mental limits and carries the potential for death, serious personal injury, and property loss.

(b) I am physically fit and have no pre-existing medical conditions, and have sufficiently trained to participate in the AQTE and have not been advised against participation in the AQTE by a qualified health professional.

  1. In consideration of being permitted to participate in the AQTE:

(a) I ACKNOWLEDGE that there may be people, animals, vehicles, objects or materials on or around the course route, which may constitute hazards. I assume all the risks associated with participating in the AQTE. This includes but is not limited to falls, collisions, contact or crashes with other participants, Event officials, volunteers, spectators, course markers or other obstacles or hazards; the effects of weather including rain, heat or humidity; defects in my personal equipment or equipment provided by Event Organisers; the conditions of the course; hazards that may be posed by the presence of spectators or people involved in the or contributing to the conduct of or organisation of the AQTE. All these risks are known to and appreciated by me and I accept them of my own free will.

(b) I FURTHER ACKNOWLEDGE the risk that the Event Organisers or individuals participating in controlling, officiating or involved in or contributing to the conduct of or organising or watching the AQTE may act negligently which may result in harm or injury to my property or me. These risks are also known and appreciated by me and I accept them of my own free will.

(c) I CONSENT to the provision to me of first aid, emergency or other medical treatment including physiotherapy and massage for the purposes of treating or relieving injuries or physical harm that I may suffer as a consequence of participation in the AQTE. I authorize licensed medical practitioners, hospital or other medical or health care facilities to perform all medical procedures, which they may consider medically advisable to attempt to treat or relieve such injuries, including but not limited to the administration of anaesthesia and provision of blood transfusions. I realise and appreciate there is a possibility of complication and unforeseen consequences in any medical treatment which I may receive and I assume that risk. I acknowledge that no warranty is made as to the results of any medical treatment.

(d) I WAIVE, RELEASE, AND DISCHARGE the Event Organisers and any medical staff or volunteers and any individuals participating in, controlling, officiating, involved in or contributing owners of the properties traversed by the AQTE, to the conduct or organising or watching the AQTE from any and all claims, losses or liabilities for death, personal injury, partial or permanent disability, property damage, medical or hospital bills, theft or damage or any kind, including economic loss, which may however exist or arise in the future arise out of or relate to my participation in or my traveling to and from the AQTE, or arising out of the risks I have assumed in participating in the AQTE as set out above whether or not caused by negligence of any person.

(e) I AGREE not to sue or claim against any such persons for any of the claims, losses or liabilities that I have waived, released or discharged in this document.

(f) I INDEMNIFY AND HOLD HARMLESS the Event Organisers from any and all claims made by me or liabilities assessed against any of them as a result of:

(i) my actions or inaction;

(ii) the actions, inaction or negligence of others including the Event Organisers;

(iii) the conditions of the facilities, equipment or areas where the AQTE or other associated activities are being conducted;

(iv) implementation of the AQTE Event Rules; or

(v) any other cause arising from an occurrence related to the AQTE; and

(g) By signing this document, I bind myself, my executors, administrators, heirs, next of kin, successors and assigns and any other person who may claim or sue on my behalf.

(h) I AGREE to abide by the Event Rules, and I acknowledge that my entry to the AQTE may be revoked or suspended for violation of the Event Rules.

(i) I ACKNOWLEDGE the refund and withdraw policy.

(j) I ACKNOWLEDGE that any photos and or video footage taken of me at the AQTE is the property of the Event Organisers and can be used by them for whatever purposes they wish without prior consent from me.

  1. I ACKNOWLEDGE that only the courts of New Zealand shall have jurisdiction to entertain any complaint, demand, claim or cause of action whether based upon alleged breach of contract or alleged negligence arising from the treatment I may receive. I hereby agree that if I commence any legal proceedings, I will commence such legal proceedings in New Zealand and only in New Zealand and I hereby submit to the jurisdiction of the courts in New Zealand.
  1. For the purposes of this document, “Event Organisers” means ActiveQT Ltd, Event officials, medical staff and volunteers, and all officers, directors, servants, employees, contractors, representatives and agents of any of these entities

I CONFIRM THAT:

(a) I will on race day be eighteen (18) years of age of older (if under 18 please gain parents signature); and

(b) I have agreed to enter into the ACTE on the basis of the conditions of this waiver of my own free will. I attest and verify that my running attire / shoes have been cleaned with race approved biodegradable detergent prior to entering the water to prevent the spread of Didymo