Terms and conditions

Individuals participating in, or who wish to participate in, the ‘2017 Walk for Work Health, Safety and Wellbeing Walk’ (‘Walk’) agree that their participation in the Walk is subject to following terms and conditions:

1. Definitions

In these terms and conditions, unless the context otherwise requires:

‘Board’ means the WorkCover Tasmania Board established pursuant to section 8 of the Workers Rehabilitation and Compensation Act 1988 (Tas).

‘Claim’ means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature however arising and whether present or future, fixed or unascertained, actual or contingent, and whether at law, in equity, under statute or otherwise.

‘Crown’ means the Crown in Right of Tasmania represented by the Department of Justice (Worksafe Tasmania).

‘Event Organiser’ means the Crown in Right of Tasmania and the Board jointly and severally and where the context requires or permits includes any employee, officer, contractor, agent or volunteer of either the Crown and/or the Board.

‘Prescribed Route’ means the route for the Walk determined by the Event Organiser (including any amendments or changes to the route).

‘Registration Application’ means an application submitted by any person in accordance with these Terms and Conditions to participate in the Walk.

‘Registered Participant’ means a person whose Registration Application has been accepted by the Event Organiser and where the context requires or permits includes any Underage Participant of that person.

‘Underage Participant’ has the same meaning as in clause 5 (b).

‘Walk’ means the event known as the 2017 Work Health, Safety and Wellbeing Walk and, where the context provides or requires, includes any activity or event associated with the Walk.

2. Registration

a)     Making a Registration Application

To participate in the Walk applicants must submit a Registration Application to the Event Organiser in accordance with these Terms and Conditions.

b)    Maximum number of participants

Registrations will be limited to a maximum number of 100 participants (or such other number determined by the Event Organiser).

c)     Refusal to accept Registration Application

The Event Organiser may, at its discretion, reject or refuse to accept a Registration Application from any applicant.

d)    Oversubscription, cancellation and postponement of the Walk

The Event Organiser may, at its discretion, cancel or postpone the Walk for any reason without prior notice. If the Walk is oversubscribed or cancelled the Event Organiser may refuse to accept any further Registration Applications.

e)     Registration for the Walk

Subject to these Terms and Conditions, individuals wishing to participate in the Walk can register:

  1. online at www.worksafe.tas.gov.au; or
  2. via the WorkSafe Tasmania Helpline between Wednesday 27 September and Friday 13 October during business hours; or
  3. by submitting a Registration Application to the Event Organiser between 10.00 am and 11.00 am on the day of the Walk.

f)      Acceptance of Registration Application

The Event Organiser will notify applicants if their Registration Application is accepted.

3. What You Get With Your Registration

Each Registered Participant will receive:

  1. entry to participate in the Walk scheduled to be held on Saturday 14 October at 11am starting and finishing at Cornelian Bay, Tasmania.
  2. an official event lanyard.
  3. one giveaway Bag for official completion of nominated distance.
  4. onsite First Aid support (if required).
  5. abundant encouragement and support.
  6. All correspondence with Registered Participants will be sent to the email address provided as part of their Registration Application unless otherwise advised or notified by the Event Organiser.
  7. Registered Participants will be notified if the Walk is cancelled either via SMS or email sent to the mobile telephone number or email address provided as part of their Registration Application.
  8. All Registered Participants must follow the Prescribed Route and follow all directions given by the Event Organiser.

4. Walk Requirements

5. Rules of Participation

a)     Condition of Registered participants

Each Registered Participant represents and warrants to the Event Organiser that:

  1. they are not aware of, suffer from or are otherwise receiving any treatment for any illness, injury, physical disability, impairment or medical or other condition that may affect their ability to participate in and/or complete the Walk or that would render it unsafe for them to do so;
  2. they have the requisite fitness and good health to participate in and complete the Walk;
  3. they understand that the Walk is an alcohol and drug free event and that they will not be under the influence of alcohol, drugs or other mind-altering substance immediately prior to, or after the Walk or whilst participating in the Walk;  and
  4. they are not and will not do or fail to do anything which may constitute a danger to either themselves or to the health or safety of others or which will cause, or is likely to cause, an unreasonable interference with the use and enjoyment by others of the Prescribed Route.

b)    Consent

Each Registered Participants represents and warrants to the Event Organiser that:

  1. that they are at least 18 years of age and that they have read, understood and agree and consent to these Terms and Conditions and that they agree to participate in the Walk voluntarily; and
  2. if they have registered a person under the age of 18 years to participate in the Walk or they are otherwise accompanied by a person under the age of 18 years during all or any part of the Walk (‘Underage Participant’) that:
    1. they are that Underage Participant’s parent or legal guardian; and
    2. they have the lawful authority to agree and consent to these Terms and Conditions for and on behalf of that Underage Participant; and
    3. they agree to and consent to these Terms and Conditions for and on behalf of that Underage Participant.

c)     Warranties repeated

Each of the warranties in this clause 5 are repeated immediately prior to the commencement of the Registered Participant’s participation in the Walk.

d)    Risk

Each Registered Participant agrees that:

  1. the Walk involves their participation in an outdoor recreational activity which may expose them to certain risks and those risks may result in personal injury, death and/or damage of the property to the Registered Participant and/or to others. These risks include, but are not limited to: physical injury from movement, falls, sun or weather exposure, adverse or extreme weather conditions, injuries from collisions or contact with other road and users of the Prescribed Route (including other Walk participants).
  2. they fully accept the above-mentioned risks and that they have satisfied themselves of all other risks associated with their participation in the Walk (including any risks to their health and/or physical condition that may result from their participation in the Walk) and that, if required, they have sought appropriate and relevant independent medical advice prior to their participation in the Walk;  and
  3. they are responsible for their own safety and wellbeing at all relevant times and that their decision to participate in the Walk has been made voluntarily having regard to these risks.

e)     Consent to Medical Treatment

Each Registered Participant agrees that if:

  1. they suffer any injury or illness before, during or after the Walk; and
  2. the Event Organiser considers it desirable or necessary to do so (including to avoid serious risk to the life or health of the Registered Participant),

the Event Organiser may provide (or procure the provision of) such evacuation, first aid and/or medical treatment to the Registered Participant at the Registered Participant’s expense and the acceptance of these Terms and Conditions by the Registered Participant constitutes the Registered Participant’s consent to the provision of such evacuation, first aid and/or medical treatment.

f)      Release

  1. Each Registered Participant unconditionally and irrevocably waives, releases and forever discharges on behalf of themselves, their executors, administrators, heirs, next of kin, personal representatives and assigns:
    1. the Event Organiser; and
    2. any sponsors, promoters, service providers and each of their respective agents, representatives, successors and assigns, and all other persons associated with the Walk)

from and against any Claims that the Registered Participant may suffer or that they may have against any of the abovementioned parties arising out of, or in any way connected with, their participation in the Walk (except to the extent permitted by law).

  1. This release operates in relation to any injury, serious injury, death or loss suffered by the Registered Participant during, arising out of or having any connection with their participation in the Walk.

g)     Assignment

To the extent that any Claims are not released pursuant to condition 5(f), the Registered Participant assigns to the Event Organiser all rights that the Registered Participant (and which term for the avoidance of doubt, includes a reference to any Underage Participant of that Registered Participant) has against the Event Organiser arising out of any Claims.

h)    Bar to proceedings

These Terms and Conditions may be pleaded as a bar by the Event Organiser to any Claim, action, suit or proceedings by the other party arising out of or in connection with the Walk.

i)      Indemnities from Registered Participant

  1. The Registered Participant indemnifies, and must keep indemnified, the Event Organiser from and against all Claims for which the Event Organiser becomes liable:
    1. in connection with or arising out of:
    2. personal injury to, or death of, any person;
    3. loss or damage to the property of any person; and
    4. financial loss of a third party,

arising from, or attributable to, the Registered Participant’s participation in the Walk, to the extent that the injury, death, loss or damage is not caused by a wrongful (including negligent) act or omission of the Event Organiser.

  1. The indemnities in this clause:
    1. are continuing obligations of the Registered Participant;
    2. separate and independent from any other obligations of the Registered Participant; and
    3. survive the expiration or termination of these Terms and Conditions and the conclusion of the Walk.

j)      Other Conditions

Each Registered Participant agrees that:

  1. they will follow the Prescribed Route at all times and observe and obey all applicable road and traffic rules and applicable laws;
  2. they will observe and obey all directions and instructions given by or on behalf of the Event Organiser at all relevant times in relation to their participation in the Walk;
  3. they must, at all relevant times, wear and display the official event lanyard (‘Lanyard’) provided by the Event Organiser corresponding to their Registration Application and ensure that the Lanyard can be seen for the duration of the Walk and, if requested, produce their Lanyard to the Event Organiser or any person who is identified and credentialed by the Event Organiser as an official ‘event official’, ‘course supervisor’ or ‘directional marshal’;
  4. the use of roller skates, roller blades, handcycles, geared vehicles, skateboards, bicycles, scooters or any other accessories that may cause injury, harm or damage to any person during the Walk by any Registered  Participant is strictly prohibited;
  5. Dogs are not permitted to participate in the Walk; and
  6. they must ensure that any children or minors in their care (whether Underage Participants or otherwise) are appropriately supervised by a person aged 18 years or over at all relevant times.

6. Exclusion from participation in Walk

Each Registered Participant agrees that the Event Organiser may remove a Registered Participant from any part of the Prescribed Route and/or any area used by the Event Organiser as part of the Walk and/or may exclude the Registered Participant from participation (or further participation) in the Walk:

  1. if the Registered Participant does not comply with these Terms and Conditions;
  2. if the Registered Participant acts and/or continues to act in a manner deemed by the Event Organiser to be inappropriate, offensive, or abusive;
  3. if the Registered Participant has, or is likely, to in the reasonable opinion of the Event Organiser to damage or cause damage to third party property (including the property of the Event Organiser);
  4. on medical or health and safety grounds (including to prevent possible harm or injury to themselves or any other person or property);
  5. if the Registered Participant conducts any form of unauthorised marketing, including ambush marketing; or
  6. if the Registered Participant has consumed or appears, in the opinion of the Event Organiser, to be under the influence of any drugs, alcohol or other mind-altering substance.

7. Registration Non Transferable

Each Registered Participant agrees that their registration to participate in the Walk is not transferable and that no other person is permitted to participate in the Walk in their place.

8. Publication

Each Registered Participant consents to:

  1. the publication and/or use in any form of media whatsoever of the Registered Participant’s name, Walk result, image, voice, statement or otherwise, (including the publication of their name and/or event result and applicable age bracket on the Event Organiser’s website or any official website for the Walk) without payment or compensation.
  2. the use and disclosure by the Event Organiser and their relevant representatives, successors, and assigns of any personal information (as defined in the Personal Information Protection Act 2004 (Tas)) provided to the Event Organiser by the Registered Participant as part of their participation in the Walk (including any information on their Registration Application);
  3. the Event Organiser recording any information provided by the Registered Participant on their Registration Application (including their personal information) on a database which will be used for the administration of the Walk and using any of that information, if required, for any other purpose associated with the Walk (including the use of the Registered Participant’s mobile telephone number and/or email address for the purpose of providing information and/or noticers or updates to the Registered Participant regarding the Walk); and
  4. their personal information being retained by the Event Organiser and used by the Event Organiser for future marketing and promotional purposes in accordance with the terms of the PIP statement (available at www.worksafe.tas.gov.au).

9. Jurisdiction

These Terms and Conditions are governed by the laws of Tasmania and the Registered Participant submits to the exclusive jurisdiction of the Courts of Tasmania.

10. Rights

Registered Participants acknowledge and agree that they have given up substantial rights by agreeing to these Terms and Conditions.

Disclaimer

WorkSafe Tasmania may cancel or postpone a WorkSafe Tasmania Month event or activity (‘Event’), entirely at its discretion, with or without prior notice, for any reason whatsoever.

Without limiting the operation of any other provision on this website, cancellation or postponement of any event will not confer upon any person conducting, holding or participating in an Event any right to recover from the Crown in Right of Tasmanian represented by the Department of Justice (WorkSafe Tasmania) compensation for any losses, costs, expenses, damages or otherwise, whatsoever arising or suffered as a consequence of, or in connection with, the cancellation or postponement of an Event.

Please note the information prepared for these events has been prepared and supplied in good faith on behalf of the Crown in Right of Tasmania (‘the Crown’) represented by the Department of Justice as WorkSafe Tasmania and the WorkCover Tasmania Board (‘the Board’).

Although all due care and attention has been taken in preparing and collating the Information neither the Crown nor the Board gives a warranty either express or implied as to the accuracy or completeness of the Information or its relevance to any particular circumstances.

The Information may change or be varied due to facts or requirements of different areas of government or policy issues in existence but not known or apparent to those preparing or collating the Information.

The Crown and the Board and their relevant employees and agents accept no liability (whether by reason of negligence or otherwise) to any person for any damage or loss whatsoever or howsoever arising or suffered as a consequence of the use or reliance on the Information or advice given at these seminars which is used or relied on at that person’s own risk absolutely.

Personal information protection statement for registration of the walk

WorkSafe Tasmania values the privacy of every individual’s personal information.

WorkSafe Tasmania is committed to protecting the personal information you provide. The collection, maintenance, use and disclosure of personal information by WorkSafe Tasmania are managed in accordance with the Personal Information Protection Act 2004.

The personal information you provide to us for registration for WorkSafe Tasmania Month will be used to assist WorkSafe Tasmania and/or its agents to facilitate WorkSafe Tasmania Month events and to send to you information about WorkSafe Tasmania. Failure to provide the required personal information may result in your inability to attend a WorkSafe Tasmania Month event.

Subject to use for the purposes detailed in the above paragraph, this paragraph and except if required or allowed by law, all personal information you provide us will remain strictly confidential and will be held at WorkSafe Tasmania, 30 Gordons Hill Road, Rosny Park, Tasmania 7018.

Under no circumstances will your personal information be sold or made available to marketing agencies or similar parties not involved with WorkSafe Tasmania without your express prior consent.

Your personal information may be disclosed to contractors and agents of WorkSafe Tasmania and other State institutions and authorities authorised to collect it.

Personal information for this event can be accessed or amended by contacting WorkSafe Tasmania by email at wstinfo@justice.tas.gov.au