THIS IS AN IMPORTANT DOCUMENT. PLEASE READ IT CAREFULLY. UPON PAYMENT FOR THE RETURN TO RUN PROGRAMME, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND & AGREE TO THESE TERMS AND CONDITIONS.
The following terms and conditions must be read carefully:
In consideration of your application for enrolment in the RETURN to Run programme being accepted you acknowledge and agree to the following terms and conditions:
1) Definitions – in these terms and conditions:
- a) “Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with the RETURN to Run programme, but does not include a claim by any person expressly entitled to make a claim under an Atletic Developments insurance policy;
- c) “RETURN to Run programme” means the Seminar being conducted by or on behalf of Atletic Developments and undertaken by the applicant as set out in this application.
2) If accepted you will be permitted to participate in the RETURN to Run programme subject to you complying with the terms and conditions of the RETURN to Run programme or the terms and conditions of the relevant venue from which the RETURN to Run programme is being conducted, this declaration, Atletic Developments policies which apply to Seminar candidates and any reasonable direction issued by the RETURN to Run programme organisers or their representatives. A copy of each of these documents is available upon request from D&G Performance Pty Ltd.
3) Upon executing this contract you will be bound by it and any regulations, policies or codes which apply or relate to RETURN to Run programme candidates. You shall submit to any disciplinary measures taken against you and shall only appeal any disciplinary decision in the manner permitted under Atletico’s rules and regulations.
4) Risk Warning and Waiver – Your participation in the RETURN to Run programme is inherently dangerous and may involve risk. There are risks specifically associated with participation in the RETURN to Run programme and accidents can and often do happen which may result in personal injury, death or property damage. Prior to participating in the RETURN to Run programme, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have. By signing this declaration, you acknowledge, agree, and understand that participation in the RETURN to Run programme may involve risk. You agree and undertake any such risk voluntarily and at your own risk.
5) Release & Indemnity – In consideration of Atletic Developments accepting your application to participate in the RETURN to Run programme, to the extent permitted by law you:
- a) release and forever discharge Atletic Developments from all Claims that you may have or may have had but for this release arising from or in connection with this application and/or undertaking the RETURN to Run programme; and
- b) release and indemnify Atletic Developments against any Claim which may be made by you or on your behalf for or in respect of or arising out of your death whether caused by the negligence or breach of contract by Atletic Developments or in any other manner whatsoever; and
- c) indemnify and will keep indemnified and hold harmless Atletic Developments to the extent permitted by law in respect of any Claim by any person:
- i) arising as a result of or in connection with you undertaking the RETURN to Run programme; and
- ii) against Atletic Developments in respect of any injury, loss or damage arising out of or in connection with your failure to comply with the rules or directions of Atletico(or any authorised person), save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of D&G Performance Pty Ltd.
6) Insurance – You acknowledge and agree that whilst Atletic Developments maintain public liability, product liability and professional indemnity insurance cover it does not maintain any personal accidence insurance. Accordingly, Atletic Developments does not provide any insurance in relation to loss, damage or injury that you suffer during your participation in the RETURN to Run programme. You agree that your own insurance arrangements are ultimately your responsibility and you will arrange any insurance coverage at your expense after taking into account Atletic Developments insurance arrangements and your own circumstances.
7) Disclosure of Medical Conditions – You warrant that prior to participating in the RETURN to Run programme you:
- a) are and must continue to be medically and physically fit and able to undertake and participate in the RETURN to Run programme;
- b) are not a danger to yourself or to the health and safety of others;
- c) have not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells; and
- d) are not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for you to take part in the RETURN to Run programme.
8) You acknowledge that you must, and you agree that you will, disclose any pre-existing medical or other condition that may affect the risk that either you or any other person will suffer injury, loss or damage. You acknowledge that Atletic Developments relies on information provided by you and that all such information is accurate and complete. You agree to report any accidents, injuries, loss or damage you suffer during the RETURN to Run programme to Atletic Developments before you leave any relevant venue. You consent to receiving any medical treatment that the RETURN to Run programme organisers or their authorised representatives consider necessary or desirable during or after the RETURN to Run programme and agree to reimburse Atletic Developments for any costs or expenses incurred in providing such medical treatment.
9) Bar to proceedings – Atletic Developments may plead this contract as a bar to proceedings now or in the future commenced by or on behalf of you or by any person claiming through you. Where you seek to commence proceedings against D&G Performance Pty Ltd, you:
- a) will commence those proceedings in the courts of the jurisdiction in which any incident occurs;
- b) waive any right to object to the exercise of such jurisdiction;
- c) will, where you seek to commence proceedings in another jurisdiction from where any incident occurs, consent (if required by D&G Performance Pty Ltd) to move those proceedings to the jurisdiction in which any incident occurs including consenting to any application made by Atletic Developments to remove the proceedings to the jurisdiction in which any incident occurs;
- d) will pay the costs of any application made by Atletic Developments under paragraph 9)c) and will consent to any application for security of costs made at any time by D&G Performance Pty Ltd; and
- e) consent to paying Atletico’s legal defence costs of the proceedings (on a solicitor client basis) where Atletic Developments successfully defends the proceedings.
10) Governing Law – You irrevocably and unconditionally consent and submit to the Jurisdiction of the courts of the Jurisdiction in which any incident occurs and waive any right to object to the exercise of such Jurisdiction.
11) Prevailing conditions – You acknowledge and agree that:
- a) Strength and conditioning training and the teaching of strength and conditioning training (and related skills) when conducted in the open environment can and will be affected by the weather which may change without warning; and
- b) there is often an element of the “luck of the prevailing conditions” when undertaking the certain elements of the RETURN to Run programme over which Atletic Developments has no control.
12) Use of Image – You acknowledge and consent to photographs and electronic images being taken of you during the RETURN to Run programme. You acknowledge and agree that such photographs, videos and electronic images are owned by Atletic Developments and may use the photographs for promotional or other purposes without your further consent being necessary.
13) Privacy – You understand that the personal information you have provided in this application is necessary for the conduct and management of the RETURN to Run programme. You acknowledge that Atletic Developments may use or disclose your personal information for the purposes of conducting and administrating the RETURN to Run programme or promotional material. Atletic Developments may share your information with third parties such as: affiliates; RETURN to Run programme providers; companies engaged by Atletic Developments to carry out functions and activities on Atletic Developments behalf including direct marketing; and Atletico’s professional advisers, including its accountants, auditors and lawyers and insurers; and government departments or agencies; however your information is not generally disclosed to anyone outside Australia. You understand that you may access and request correction of your personal information held by Atletic Developments or make a complaint about the handling of your personal information, by contacting Atletico. You acknowledge that your RETURN to Run programme application may be rejected if the information is not provided.
14) Entire agreement – This agreement (and the documents to which it refers) constitutes the entire agreement between the parties in respect to the RETURN to Run programme and supersedes all other agreements, understandings and representations and negotiations with Atletic Developments in relation to the RETURN to Run programme. To the extent that any clause of this agreement is void or unenforceable it is severable and does not affect the remaining provisions of the agreement.
15) Statement of Understanding – You have read, or have had read to you the above conditions and having understood the same, you consent to undertaking the RETURN to Run programme and doing so on the basis set out in this agreement.