Mother's Day Classic Foundation : Terms and Conditions

2025 Event Participant Terms and Conditions

Please read this document carefully. If you agree to these terms and conditions you will be agreeing to vary your rights and agreeing to exclude the liability of the Event Organisations for certain liabilities suffered or incurred by you and the Participants, such as personal injury.

If a Participant is under 18 years of age they must have their parent or guardian enter into these terms and conditions on their behalf.

The person entering these terms and conditions (being the Applicant) may enter these terms and conditions on behalf of another Participant or Participants (including a Participant under 18 years of age). By entering into these terms and conditions on a Participant’s behalf, the Applicant takes responsibility for ensuring that the Participant complies with these terms and conditions and agrees to indemnify and hold the Event Organisations harmless in respect of any Claim made by or on behalf of the Participant.

The Mother's Day Classic is an iconic event that encourages participants to walk or run and fundraise for breast and ovarian cancer research. It is the intention of MDCF and the Event Organisers to undertake the Event at a series of locations across Australia identified by MDCF and give the Participant the option to participate in an Organised Activity or undertake the Event in their own time and place as a Personal Event. Where it is not possible to conduct an Organised Activity at a particular location(s), for example due to weather conditions, capacity constraints or any applicable health or safety restrictions or requirements, the Participant will still be able to participate in the Event in their own time and place as a Personal Event. Although encouraged, it is not compulsory to fundraise for the Mother's Day Classic to participate in the Event.

Applicant Declaration:

The Applicant applies for entry to the Event on behalf of each person named as a Participant in the registration form and acknowledges and agrees that they are authorised to enter into this document on behalf of each Participant and:

each Participant is 18 years or older; or
where a Participant is not 18 years or older, the Applicant is 18 years or older and is the parent or legal guardian of that Participant.

The Participant acknowledges and understands that MDCF reserves the right to refuse a Participant's application for entry to the Event.

In consideration of the Participant’s application to enter the Event being accepted, the Participant acknowledges and agrees that they are bound by these terms and conditions and must comply with these terms and conditions. The Participant acknowledges and agrees that they may be contacted by a third party representative of MDCF regarding fundraising for the Event.

Definitions

In these terms and conditions:
1. Applicant means the person completing the application who agrees to enter these terms and conditions.
2. Claim includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising.
3. Entry Fee means the relevant entry fee published on the website www.mothersdayclassic.com.au.
4. Event means the running and walking event known as ‘The Mother's Day Classic’ and which is organised by MDCF at various locations across Australia and which may be undertaken by Participants as an Organised Activity or a Personal Event.
5. Event Organisations means the Event Organisers, MDCF, and where the context so permits, their respective directors, officers, employees, representatives, volunteers, sponsors, contractors and subcontractors (and their respective employees), members or agents.
6. Event Organiser means the person or persons appointed or contracted by MDCF to organise the Event.
7. MDCF means MDC Foundation Ltd in its capacity as trustee of the Mother's Day Classic Foundation ABN 16 179 157 565.
8. Organised Activity means participating in the Event at a location in Australia identified by MDCF as an official location where participants may complete the Event.
9. Participant means the Applicant and any individual on whose behalf the Applicant is applying to enter and participate in the Event.
10. Personal Event means participating in the Event in the Participant’s own time and place and not at one of the official locations where an Organised Activity will be conducted.
Organised Activity and Personal Event
1. MDCF intends to conduct the Event as an Organised Activity however:
2. If an Organised Activity does not occur in the area or location the Participant has specified as part of the process to apply to enter and participate in the Event then, subject to these terms and conditions, the Participant will be able to participate in the Event as a Personal Event.
3. If an Organised Activity does take place, MCDF may impose a cap or other limit on the number of people who can attend the Organised Activity and implement a further registration process to ensure that expected numbers do not exceed such cap or limit.
Entry Fee and Benefits
1. The Participant must pay the Entry Fee to MDCF at the time of applying to enter the Event.
2. If the Participant’s application to participate in the Event is not accepted, then MDCF will refund the Entry Fee which has been paid by the Participant.
3. If the Participant’s application to participate in the Event is accepted then, in consideration for the payment of the Entry Fee, the Participant will receive:
Rules of participation
1. The Participant agrees to comply with:
  1. any rules of the Event published by MDCF; and
  2. all reasonable directions, instructions and decisions of the Event Organisations and any officials of the Event Organisations
  (Event Rules) and acknowledges and agrees that if they fail to comply with, or otherwise breach, any Event Rules then an Event Organisation may prevent the Participant from participating or continuing to participate in the Event and the Participant will not be entitled to any refund of the Entry Fee.
2. The Event Rules and these terms and conditions comprise a contract between the Participant and MDCF.
Health and fitness
1. The Participant acknowledges, understands and agrees that:
  1. they have trained sufficiently to participate in the Event and are physically fit and in good health;
  2. it is their sole responsibility to determine whether they are sufficiently fit and healthy enough to participate in the Event;
  3. they are not suffering from a medical or other condition that would prevent and/or render them unfit to participate in the Event or which may affect the risk that either they or any other person will suffer injury, loss or damage during the Event;
  4. they are not receiving treatment for any condition, illness, disorder or injury which would render it unsafe for them to participate in the Event;
  5. they have not been advised to not take part in any walking or running activities by a medical practitioner or any other person or entity; and
  6. the Event Organisations may require a medical certificate or opinion as to their fitness from a qualified medical practitioner prior to their participation in the Event.
2. The Participant agrees to undertake a reasonable assessment of their health status before attending the Event and will not attend the Event if:
  1. they have experienced or exhibited any symptoms of a medical or other condition that would prevent and/or render them unfit to participate in the Event or which may affect the risk that either they or any other person will suffer injury, illness, loss or damage; or
  2. to do so would be inconsistent with public health recommendations and directions in the relevant location.
3. The Participant agrees to immediately report any accidents, injuries, loss or damage which they suffer during the Event to the Event Organisations.
4. The Participant agrees that they will provide an emergency contact name and phone number when requested by an Event Organisation or their authorised representatives and agrees that an Event Organisation or their authorised representatives may contact that person and exchange the Participant’s personal information with them in case of an emergency.
Consent to medical treatment
The Participant consents to an Event Organisation providing, or procuring, evacuation services, first aid and/or medical treatment that the Event Organisation deems is advisable in the event of injury, accident and/or illness during the Event. The Participant agrees to reimburse the relevant Event Organisation for any reasonable costs or expenses incurred in providing the Participant with evacuation services, first aid or medical treatment.
Safety
1. The Participant consents to the conduct of security checks (which may include inspecting the Participant’s personal property) prior to the Participant’s entry into and departure from any venue for the Event.
2. The Participant acknowledges and agrees that they are solely responsible for all property which they bring to the Event and understands and acknowledges that the Event Organisations do not accept responsibility for any loss or damage to this property.
3. The Participant understands and acknowledges the dangers associated with the consumption of alcohol or any mind-altering substance before or during their involvement in the Event, and accepts full responsibility for any injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance.
Prevailing conditions and cancellation
1. The Participant acknowledges and agrees that:
  1. the Event can and may be affected by the weather, acts of God, an act of government, epidemic and other events beyond the control of an Event Organisation which may change without warning; and
  2. there is often an element of the "luck of the prevailing conditions" when undertaking the Event over which the Event Organisations have no control.
2. The Participant acknowledges and agrees that:
  1. in the event of extreme weather conditions, acts of God, an act of government, epidemic or other event beyond the control of an Event Organisation;
  2. to avoid risks to the health and safety of other participants and other persons associated with the Event;
  3. if the holding of the Event is impacted by a law, regulation and/or government declaration or direction; or
  4. if it has become impractical to hold the Event;
    
    the Event Organisations reserve the right to alter the format of, shorten, postpone or cancel the Event.
3. The Participant acknowledges and agrees that, due to the scale of the Event, if the Event is postponed or cancelled under clause 8(b) the Event may not be re-scheduled to another date. Event cancellations may be notified to relevant Participants via the email used in registration and via the Mother's Day Classic National Facebook page.
4. If the Event is altered, shortened, postponed or cancelled under clause 8(b) then, subject to clauses 9, 20(a) and 20(b) and any non-excludable rights which the Participant may have under any law (including the Australian Consumer Law), the Participant is not entitled to any refund of Entry Fees or other amount (such as fundraising monies) or to transfer their registration to another event.
Consequences if Event cancelled
1. If an Organised Activity is cancelled in accordance with clause 8(b)(iii) and the Participant is not able to participate in the Event as a Personal Event then, subject to and without limiting clauses 20(a) and 20(b) and any non-excludable rights which the Participant may have under any law (including the Australian Consumer Law), the Participant will be able to elect to either:
  1. make a donation to the "MDC Foundation" equal to the Entry Fee paid by the Participant (less a reasonable amount for administration and other costs);
  2. receive a credit equal to the Entry Fee paid by the Participant (less a reasonable amount for administration and other costs) to be applied towards entry to the Event in the subsequent year; or
  3. receive a refund equal to 40% of the Entry Fee paid by the Participant.
2. Please note that:
  1. this clause 9 does not apply if the Participant applied to participate in the Event as a Personal Event;
  2. MDCF will notify the Participant of how and when an election under this clause 9 can be made as soon as possible after MDCF cancels the Organised Activity; and
  3. funds raised or donated amounts will not be refunded or credited to any future Event.
Removal from Event

Without limiting any of the other provisions in these terms and conditions, the Participant acknowledges and agrees that MDCF may refuse the Participant entry to the Event or require the Participant to leave any relevant venue or race area for the Event in any of the following circumstances:
1. if the Participant refuses or is unable to comply with any reasonable health and safety directions, protocols or requirements notified to the Participant by MDCF or any relevant government requirements or regulations relevant to the Event;
2. if the Participant is exhibiting symptoms of a medical or other condition that would prevent and/or render the Participant unfit to participate in the Event or which may affect the risk that either the Participant or any other person will suffer injury, illness, loss or damage;
3. if, in the opinion of MDCF, the Participant's behaviour is inappropriate, offensive, or abusive;
4. to prevent damage to any property or harm or injury to the Participant or any other person; and/or
5. to prevent or stop any form of unauthorised marketing, including ambush marketing.
  The Participant accepts that in any of the above circumstances, the Entry Fee will not be refunded unless required by law.
Refunds

Subject to clauses 9, 20(a) and 20(b) and any non-excludable rights which the Participant may have under any law (including the Australian Consumer Law):
1. MDCF is under no obligation to refund any Entry Fees or other amount paid by the Participant or any other person in connection with the Participant’s participation in the Event, including in circumstances where the Participant changes their mind regarding their participation in the Event, fails to participate in the Event, is dissatisfied by their participation in the Event, their participation in the Event can only occur as a Personal Event or the Event is rescheduled or cancelled; and
2. any refund of any Entry Fees or other amount shall be at MDCF's sole discretion and MDCF may withhold or deduct an amount reasonably determined by MDCF to cover its administration and other costs in connection with the Event.
Media and image
1. The Participant agrees and consents to photographs and electronic images being taken of the Participant during their participation in the Event. The Participant acknowledges and agrees that such photographs and electronic images are owned by the Event Organisations and that the Event Organisations may use the photographs and electronic images for promotional or other purposes without obtaining the Participant's further consent.
2. The Participant agrees and consents to the Event Organisations publishing and/or using the Participant's name, image, Event results and statistics, fundraising information and voice in any form of media and social media (including the publication of the Participant's name and/or Event result, in any broadcast or telecast of the Event and any advertising or promotion of the Event) without payment or compensation.
3. The Participant agrees that any content (including photos, videos and comments) that the Participant posts to MDCF's digital platforms (including but not limited to Facebook, Instagram, and MDCF's website) are the Participant's responsibility, and the Participant must ensure that the Participant has the necessary rights to post that content (such as by obtaining permission of copyright owners if necessary or by obtaining permission to use personal information of third parties). The Participant acknowledges and agrees that by posting any content on MDCF's digital platforms they consent and grant to MDCF a non-exclusive, transferable, perpetual, royalty-free worldwide right and licence to use and reproduce that content.
4. The Participant acknowledges and agrees that they must not use the logos, trade marks, or other intellectual property of the Event or any Event Organisation without the consent of the relevant Event Organisation.
Privacy
1. TThe Participant understands that the personal information they have provided as part of their application to participate in the Event is necessary for the conduct and management of the Event and other related activities (including fundraising, promotion and sponsor activity), and that it is collected in accordance with MDCF's Privacy Policy (available from www.mothersdayclassic.com.au/privacy) or the Event Organiser's Privacy Policy. The Participant acknowledges and agrees that:
  1. the Event Organisations may use or disclose their personal information for the purposes of conducting and administering the Event, fundraising for MDCF, providing the Participant with information or promotional material about the Event, future events organised by the Event Organisers or offers from sponsors of the Event, or otherwise in accordance MDCF 's Privacy Policy; and
  2. the Event Organiser or MDCF may share my information with third parties such as affiliates and other organisations involved in the Event or other related activities in Australia; companies engaged by MDCF to carry out functions and activities on MDCF's behalf including direct marketing and fundraising; MDCF's professional advisers, including MDCF's accountants, auditors and lawyers and MDCF's insurers; however the Participant’s information is not generally disclosed to anyone outside Australia.
2. The Participant acknowledges and agrees that the MDCF Privacy Policy contains information about how the Participant may access and request correction of their personal information held by MDCF or make a complaint about the handling of their personal information, and provides information about how a complaint will be dealt with by MDCF. The Participant acknowledges and agrees that their Event entry application may be rejected if required information is not provided.
3. If the Participant does not wish to receive promotional material from MDCF sponsors and third parties the Participant must advise MDCF in writing or via the opt-out procedures provided in the relevant communication.
4. It is the Participant’s responsibility to read and understand the Privacy Policy of the Event Organiser (if any) and the Participant agrees that if they have any concern or complaint about the way the Event Organiser handles their personal information, they must contact the Event Organiser.
5. The Participant acknowledges and agrees that MDCF may collect and disclose their personal information (including full name and phone number) for the purpose of contact tracing, including assisting governments or government bodies (including any health authorities) with any contact tracing in the event of an outbreak or potential exposure to someone with illness at the Event. The Participant acknowledges and agrees that MDCF may retain their contact tracing information for such period(s) as required by law.
Fundraising

The Participant gives permission to MDCF to have the Participant’s name and team name displayed on the MDC Fundraising Leader Board and the Participant’s personal and team fundraising page of the MDCF website. Without limiting clause 13, the Participant agrees to having their personal details passed on to a third-party fundraising platform (and other third parties affiliated with the MDCF) during the registration process, for the purpose of fundraising. All fundraising for the MDCF is conducted on the basis of the MDCF's authority to fundraise. The Participant agrees to be bound by the relevant state or territory (or national/international, as relevant) fundraising legislation and to abide by the MDCF Fundraising Guidelines available via the following link Fundraising Guidelines. The Participant acknowledges and agrees that MDCF may at any time and without the need to give reasons, withdraw the Participant’s authority to fundraise by notification in writing. In this situation, the Participant agrees to cease all fundraising immediately and remit all fundraising monies to MDCF within seven days. MDCF will not issue refunds to donors of the Participant if the Participant has withdrawn from the Event for any reason or if the Event is cancelled. If the Participant withdraws from the Event for any reason, the Participant acknowledges and agrees that they are obliged by law to, and will, forward any off-line funds raised to MDCF within seven days of withdrawing from the event. The Participant agrees that all cash donations received in person must be 'paid in' through the individual or team online fundraising platform within two weeks of having received them and no later than midnight 30 June 2025.
Non transferable

Entries to the Event are non-transferable to other events or to other people. Any attempt to transfer an entry to another person without the approval of an Event Organisation may result in the cancellation of the entry without refund of any Entry Fee or other amount and the Participant may not be permitted to participate in further events organised or conducted by MDCF or an Event Organiser.
Updates in line with government changes

The Participant acknowledges, agrees, and understands that these terms and conditions may be updated from time-to-time in line with relevant state and federal government guidelines, public health directives and other government law, regulations or directions.
Governing law

The governing law of these terms and conditions is the law of the state of Victoria. The parties irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Victoria and any courts that may hear appeals from those courts about any proceedings in connection with these terms and conditions or the Event.
Release and indemnity

To the maximum extent permitted by law, the Participant:
1. releases and will release the Event Organisations from all Claims that the Participant may have or may have had but for this clause arising from or in connection with the Participant’s participation in the Event; and
2. indemnifies and will keep indemnified the Event Organisations to the extent permitted by law in respect of any Claim by any person against any Event Organisation in respect of any injury, loss or damage arising out of or in connection with the Participant’s failure to comply with the Event Organisations' rules and/or directions;
3. 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 negligent act or omission of an Event Organisation.
Bar to proceedings

The Participant acknowledges and agrees that the Event Organisations may plead this contract as a bar to proceedings now or in the future commenced by or on the Participant’s or by any person claiming through the Participant. Where the Participant commences proceedings against any Event Organisation, the Participant:
1. will commence those proceedings in the courts of the jurisdiction in which any incident occurs;
2. waive any right to object to the exercise of such jurisdiction;
3. will, where the Participant seeks to commence proceedings in another jurisdiction from where any incident occurs, consent (if required by any Event Organisation) to move those proceedings to the jurisdiction in which any incident occurs including consenting to any application made by any Event Organisation to remove the proceedings to the jurisdiction in which any incident occurs;
4. will pay the costs of any application made by any Event Organisation under clause 19(d) and will consent to any application for security of costs made at any time by any Event Organisation; and
5. consent to paying any Event Organisations’ reasonable legal defence costs of the proceedings (on a solicitor client basis) where any Event Organisation successfully defends the proceedings.
Liability limitation
1. Subject to clauses 21 and 22, if you are a ‘Consumer’ and an Event Organisation supplies goods or services which, for the purposes of Schedule 2 of Competition and Consumer Act 2010 (Australian Consumer Law), are of a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Goods or Services) to you, the Event Organisation acknowledges that you may have certain rights under the Australian Consumer Law in respect of the guarantees provided under Division 1 of Part 3-2 of the Australian Consumer Law (Consumer Guarantees) as they apply to the PDH Goods or Services supplied by the Event Organisation and nothing in these terms and conditions (other than clauses 21 and 22) should be interpreted as attempting to exclude, restrict or modify the application of those rights.
2. Subject to clauses 21 and 22, if you are a Consumer and any goods or services supplied by an Event Organisation to you are non PDH Goods or Services, the Event Organisation’s liability to you in connection with any breach of the Consumer Guarantees in respect of those non PDH Goods or Services is limited (at the Event Organisation’s discretion) to: (a) in the case of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and (b) in the case of services: (i) the supplying the services again; or (ii) the payment of the cost of having the services supplied again.
3. Subject to clauses 21 and 22 and paragraphs (a) and (b), if a Participant makes a Claim against MDCF in connection with or arising out of the Event which includes a cause of action other than for a breach of a Consumer Guarantee then, to the extent the Claim, or part of the Claim, does not relate to a Consumer Guarantee and to the extent permitted by law, MDCF’s total aggregate liability arising in connection with all such Claims shall be limited to $1,000.
4. Subject to paragraph (e), the Participant’s total aggregate liability arising in connection with all Claims MDCF makes against the Participant in connection with or arising out of the Event shall be limited to $1,000.
5. Paragraph (d) does not apply in relation to any Claim which MDCF may make against the Participant in respect of the Participant’s obligation to pay the Entry Fee.
Risk warning

By agreeing to these terms and conditions the Participant acknowledges, agrees and understands that:
1. their participation in the Event and associated activities supplied by the Event Organisations is inherently dangerous and may involve a real risk of serious injury or even death from various causes including but not limited to over exertion, dehydration, falling down or tripping over and accidents, collisions or contact with other participants, spectators or road or footpath users and the Participant acknowledges that any injuries or harm that the Participant sustains may result from or be compounded by the actions, omissions, or negligence of the Event Organisation, including, without limitation, negligent emergency response;
2. some medical conditions are of a contagious nature (Contagious Illness) and the Participant voluntarily assumes the risk that the Participant may be exposed to or infected by a Contagious Illness by participation in the Event or by the Participant’s attendance at any relevant venue or race area for the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death;
3. the Participant is aware of the risks involved in participating in the Event, including those risks associated with any health condition the Participant may have and agrees to do all things reasonably necessary to ensure their safety and wellbeing while participating in the Event;
4. notwithstanding the risks, including those set out in this clause 21, the Participant acknowledges that the Participant is voluntarily participating in the Event with knowledge of the danger and risk of harm involved and hereby agrees to accept and assume any and all risks of injury, death, and/or personal or property damage arising from the Event or the Participant’s participation, whether caused by the ordinary negligence of any Event Organisation or otherwise; and
5. the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation, including the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA).
Liability Limitation and Exclusion

If you agree to these terms and conditions you will be agreeing to vary your rights under law (including the Australian Consumer Law) and agreeing to exclude the liability of the Event Organisations for certain liabilities suffered or incurred by you and the Participants, such as personal injury.
1. All Events
  1. To the extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation, the Participant acknowledges and agrees that the Event Organisations exclude all liability to the Participant for injury resulting from a failure by the Event Organisations to comply with any of the guarantees provided under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law and any equivalent State or Territory law in relation to the supply of any recreational services.
  2. For the purposes of clause 22(a)(i), ‘injury’ means:
    1. death;
    2. a physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual);
    3. the contraction, aggravation or acceleration of a disease of an individual; or
    4. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual (a) that is or may be harmful or disadvantageous to the individual or community; or (b) that may result in harm or disadvantage to the individual or community.
  3. Clause 22(a)(i) does not apply to any significant personal injury suffered by the Participant that is caused by the reckless conduct of an Event Organisation (within the meaning of section 139A(5) of the Competition and Consumer Act 2010 (Cth).
2. Victoria
  
  This clause applies if the Participant participates in an Organised Activity or Personal Event in Victoria.
  1. The Event constitutes a recreational service as it consists of participation in an activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure.
  2. To the extent permitted by section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the Participant acknowledges and agrees that the Event Organisations exclude all liability to the Participant for injury resulting from a failure by the Event Organisations to comply with any of the guarantees provided under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) in relation to the supply of any recreational services.
  3. For the purposes of clause 22(b)(ii), ‘injury’ means:
    1. death;
    2. a physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual);
  4. the contraction, aggravation or acceleration of a disease of an individual; or
    1. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual (a) that is or may be harmful or disadvantageous to the individual or community; or (b) that may result in harm or disadvantage to the individual or community.
  5. Clause 22(b)(ii) does not apply to the act or omission resulting in the liability that was done or omitted with reckless disregard, with or without consciousness, for the consequences of the act or omission.
    
    WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
  6. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.
  7. Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
    1. are rendered with due care and skill; and
    2. are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
    3. might reasonably be expected to achieve any result you have made known to the supplier.
  8. In accordance with section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this form
  9. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2022 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
3. New South Wales
  
  This clause applies if the Participant participates in an Organised Activity or Personal Event in New South Wales.
  
  The Participant acknowledges and agrees that:
  1. the Event constitutes a dangerous recreational activity within the meaning of section 5K of the Civil Liability Act 2002 (NSW) as the Event is a recreational activity that involves a significant risk of physical harm and the Event Organisations are not liable in negligence for harm suffered by the Participant or another person as a result of an inherent risk or the materialisation of an obvious risk of such dangerous recreational activities engaged in by the Participant or another person suffering harm;
  2. the Event Organisations do not owe a duty of care to the Participant or another person who engages in the Event to take care in respect of a risk of the activity if the risk was the subject of a risk warning (including the risk warning set out in clause 21); and
  3. the Event constitutes a recreation service within the meaning of section 5N of the Civil Liability Act 2002 (NSW) as the Event and associated services are supplied to a person for the purposes of, in connection with or incidental to the pursuit by the person of a recreational activity and, to the extent permitted by section 5N of the Civil Liability Act 2002 (NSW), the Event Organisations exclude all liability to the Participant that results from the breach of an express or implied warranty that any such recreation services will be rendered with reasonable care and skill.
4. Queensland
  
  This clause applies if the Participant participates in an Organised Activity or Personal Event in Queensland.
  
  The Participant acknowledge and agree that:
  1. the Event constitutes a dangerous recreational activity within the meaning of section 18 of the Civil Liability Act 2003 (Qld) as the Event is an activity engaged in for enjoyment, relaxation or leisure that involves a significant degree of risk of physical harm to a person; and
  2. the Event Organisations are not liable in negligence for harm suffered by the Participant or another person as a result of an inherent risk or the materialisation of an obvious risk of the Event engaged in by the Participant or another person.
5. South Australia
  
  This clause applies if the Participant participates in an Organised Activity or Personal Event in South Australia.
  1. The Event constitutes a recreational service as it consists of participation in an activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure.
  2. To the extent set out in Form 1 and permitted by section 42 of the Fair Trading Act 1987 (SA), the Participant acknowledges and agrees that the Event Organisations exclude all liability to the Participant and any person on whose behalf the Participant are acquiring the recreational services (Third Party Consumer) for personal injury resulting from a failure by the Event Organisations to comply with any of the guarantees provided under section 60 or 61 of the Australian Consumer Law in relation to the supply of any recreational services.
  3. The change to the Participant’s rights under Form 1 and clause 22(e)(ii) does not operate to exclude, restrict or modify the liability of the Event Organisations for damages for any significant (being not nominal, trivial or minor) personal injury suffered by the Participant or any Third Party Consumer if it is established (by applying the general principles set out in section 34 of the Civil Liability Act 1936 (SA)) that the reckless conduct of the Event Organisations caused the injury.
  IMPORTANT: If you sign this document, you will be varying your rights under the Australian Consumer Law (SA) and agreeing to exclude the Event Organisations’ liability for any personal injury suffered by you and any Third Party Consumer.
  Form 1 — Recreational services — Exclusion, restriction or modification of rights under the Australian Consumer Law (SA)
  
  Your rights:
  
  Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services1), there is—
  - a statutory guarantee that those services will be rendered with due care and skill; and
  - a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
  - a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).
  Excluding, restricting or modifying your rights:
  
  Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).
  
  If you sign this form, you will be agreeing to exclude, restrict or modify the supplier's liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury2.
  
  Important
  
  You do not have to agree to exclude, restrict or modify your rights by signing this form.
  
  The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form.
  
  Even if you sign this form, you may still have further legal rights against the supplier.
  
  A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.
  
  A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.
  
  Agreement to exclude, restrict or modify your rights:
  
  I agree that the liability of the Event Organisations for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is—
  1. excluded;
  2. restricted as set out below:
    [specify the nature of the restriction] - Strike out
  3. modified as set out below:
    modified as set out below:
  4. restricted as set out below:
    [specify the nature of the restriction] - Strike out
  *Strike out whichever of (a), (b) or (c) do not apply and specify the nature of the restriction or modification, as is relevant.
  
  Definitions
  1. Recreational services are services that consist of participation in—
    - a sporting activity or similar leisure-time pursuit; or
    - any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.
  2. Personal injury is bodily injury and includes mental and nervous shock and death.
  Further information:
  
  Further information about your rights can be found at www.ocba.sa.gov.au
  
  I have read this document carefully and agree with these terms and conditions and the particulars outlined in the Form 1. I fully understand that I am giving up substantial rights by signing this document and sign it freely and voluntarily.
  
  Signature Print Name
  
  Date
  
  Signature of Witness Print Name of Witness
  
  Address of Witness
6. Western Australia
  
  This clause applies if the Participant participates in an Organised Activity or Personal Event in Western Australia.
  
  The Participant acknowledges and agrees that:
  1. The Event constitutes a dangerous recreational activity within the meaning of section 5E of the Civil Liability Act 2002 (WA) as the Event is a recreational activity that involves a significant risk of physical harm and the Event Organisations are not liable for harm caused by the Event Organisations’ fault suffered by the Participant or another person while the Participant or the other person in such dangerous recreational activity if the harm is the result of the occurrence of something that is an obvious risk of that activity;
  2. to the extent permitted by section 5I of the Civil Liability Act 2002 (WA), the Event Organisations do not owe a duty of care to the Participant or another person who engages in the Event to take care in respect of a risk of the activity if the risk was the subject of a risk warning (including the risk warning set out in clause 21); and
  3. the Event constitutes a recreation service within the meaning of section 5J of the Civil Liability Act 2002 (WA) as Event and associated services are supplied to a person for the purposes of, in connection with or incidental to the pursuit by the person of a recreational activity and, to the extent permitted by section 5J of the Civil Liability Act 2002 (WA):
    1. the Event Organisations exclude all liability to the Participant that results from the breach of an express or implied warranty that any such recreation services will be rendered with reasonable care and skill; and
    2. the Participant engages in the Event at their own risk.
7. Tasmania
  
  This clause applies if the Participant participates in an Organised Activity or Personal Event in Tasmania.
  
  The Participant acknowledges and agrees that:
  1. the Event constitutes a dangerous recreational activity within the meaning of section 19 of the Civil Liability Act 2002 (Tas) as the Event is an activity engaged in for enjoyment, relaxation or leisure that involves a significant degree of risk of physical harm to a person; and
  2. the Event Organisations are not liable in negligence for harm suffered by the Participant or another person as a result of the materialisation of an obvious risk of the Event engaged in by the Participant or another person suffering harm.
8. Northern Territory
  
  This clause applies if the Participant participates in an Organised Activity or Personal Event in the Northern Territory.
  1. The Event constitutes a recreational service within the meaning of section 48 of the Consumer Affairs and Fair Trading Act 1990 (NT) as it consists of participation in an activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure.
  2. To the extent permitted by section 48 of the Consumer Affairs and Fair Trading Act 1990 (NT), the Participant acknowledges and agrees that the Event Organisations exclude all liability to the Participant for injury resulting from a failure by the Event Organisations to comply with any of the guarantees provided under Part 3-2, Division 1, Subdivision B of the Australian Consumer Law (NT) in relation to the supply of any recreational services.
  3. For the purposes of clause 22(h)(ii) ‘injury’ means
    1. death;
    2. a physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual);
    3. the contraction, aggravation or acceleration of a disease of an individual; or
  4. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual (a) that is or may be harmful or disadvantageous to the individual or community; or (b) that may result in harm or disadvantage to the individual or community.

DECLARATION

In order to proceed, I must have read and agreed to the terms and conditions of entry. By checking the box, I declare that I have read, understood, acknowledge and agree to the terms and conditions of entry including the exclusion of implied terms, warning, assumption of risk, release and indemnity. I agree that if my application is accepted, I will be bound by these terms and conditions.

Signature	Print Name
Date
Signature of Witness	Print Name of Witness
Address of Witness

2025 Event Participant Terms and Conditions

Would you like to know more about the Mother's Day Classic?