TERMS & CONDITIONS

Registration fee

1. I agree to pay a registration fee to True Grit Concepts Pty Limited (True Grit) which entitles me to participate in The Night Attack event to which this registration relates, on the terms and conditions set out below.

Refund of registration fee

2. Subject to clause 3, I agree that after I pay the registration fee I shall not be entitled to a refund of the registration fee.

3. I acknowledge that True Grit may, in its sole discretion, delay, modify, cancel and change the date of a True Grit event. If True Grit cancels a Nigth Attack event due to unforeseen circumstances, then True Grit may, in its discretion, provide a refund or a partial refund of the registration fee to me.

Exclusion of liability – general and including personal injury and damage to property

4. To the maximum extent permissible by law, I hereby release True Grit, its officers, employees and agents and each of them from any liability whatsoever arising from or connected with my participation in any Night Attack event.

Exclusion of liability – consequential loss

5. I agree that True Grit shall not be liable for any loss whatsoever that I may suffer as a result (whether directly or indirectly) from any delay, cancellation or change of date of a True Grit event.

6. The releases in clause 4 and 5 are not intended to affect any liability True Grit may have under the consumer guarantees (to the extent that they apply) set out in the Australian Consumer Law.

Indemnity

7. I hereby agree to indemnify True Grit, its officers, employees and agents and each of them against any claims made against them by any other participant in a Night Attack event where such claims arise from (whether directly or indirectly) my participation in or my actions or omissions (whether negligent or otherwise) during a True Grit event.

Risk and Physical Preparedness

8. I understand and acknowledge that participating in a Night Attack event is a physically and mentally arduous and potentially dangerous activity which involves the risk of serious injury and/or death.

9. I acknowledge that in addition to the general risk of serious injury and/or death to which I may be exposed as set out in the preceding paragraph, I may specifically be exposed to the following risks:

a. smoke inhalation;

b. injury resulting from falls, including from falls at height;

c. concussion;

d. cuts and abrasions;

e. burns;

f. fractures;

g. dislocations;

h. confined spaces;

i. heights;

j. water;

k. extreme cold and heat and cold and heat related illnesses including but not limited to hypothermia, hyperthermia and sunstroke;

l. inclement weather;

m. isolation;

n. vehicle accident; and

o. physical exertion and exhaustion generally.

10. I acknowledge that the above list of potential risks is not intended to be exhaustive.

11. I acknowledge and warrant that I am in good health and in proper physical condition to safely participate in a Night Attack event. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in a Night Attack event, or that would result in my participation creating a risk of danger to myself or to others.

Event Rules

12. I agree to abide by all written and/or posted rules of Night Attack, as well as all written and/or posted rules of the venue. I further agree to comply with all directions, instructions and decisions of True Grit, its employees and agents and venue personnel. I further agree not to challenge these rules, directions, instructions, or decisions on any basis at any time.

13. I agree that True Grit and venue personnel may immediately remove from the event anyone who disobeys any rules, directions, instructions, decisions, or laws, or whose behaviour endangers safety or negatively affects a person, facility, or property of any type or kind.

14. I warrant that I am not, and on the date of the Night Attack event will not be, under the influence of alcohol or any drugs that would in any way impair my ability to safely participate in the True Grit event. I further acknowledge that alcohol consumption following the event is discouraged by True Grit and I take full responsibility for any decision to consume alcohol at that time.

15. I specifically acknowledge and agree to abide by the following rules:

a. no urination or defecation is permitted outside of designated areas;

b. no wheeled conveyances or pets are allowed in the Course at any time;

c. no clothing, props or equipment that pose an unnecessary risk to participants, spectators or personnel are permitted; and

d. obey civil and criminal laws including traffic laws.

16. I certify that I am or will be of at least 18 years of age by the date of the Night Attack event. If I am not 18 years of age by the date of the Night Attack event I acknowledge that I must obtain the consent of my parent or legal guardian to participate in the Night Attack event before doing so.

Image Capture

17. I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured or taken during the Night Attack event by True Grit, its employees, affiliated entities or contractors become the sole property of True Grit. I grant the right, permission and authority to True Grit to use my name and any such photographs, motion pictures, recordings, and/or likenesses for any legal purpose, including but not limited to promoting, advertising, and marketing activities. I further acknowledge and agree that True Grit, has the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses.

Personal information

18. I understand that by Registering for a Night Attack event, the Active Network system is going to collect my personal information. This includes details on my name, date of birth, email address, sex, address, VIP Offers, how did you hear about the event, race start time, T-Shirt Size and the willingness to contribute a donation to the events two charities. This information is used to co-ordinate Race Times, clothing requirements and give key stakeholders an estimate on numbers in relation to the event. This information will not be passed onto a 3rd party in any original data format.

19. Users can request to have their account information modified or deleted by emailing support@thenightattack.com.au. Primary email communication is through the True Grit Concepts Pty Ltd Mailchimp account. To opt-out, users are required to follow the opt-out link at the bottom of the campaign templates. Alternatively a user can request to opt-out by emailing support@thenightattack.com.au.

20. True Grit acknowledges that www.thenightattck.com.au collects personal information, such as bank details and credit card numbers. This is only done under the secure server setting of the http://www.activenetwork.com.au system.