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YMCA RAT RACE PARTICIPANT AGREEMENT
1. Warning of potential harm.
The YMCA Rat Race is a challenging obstacle course event based in Brisbane city around the river. The event is a test of stamina, team work, and mental agility. The event is not a timed race, but rather a challenge with oneself, the team and the course. The goal is to complete the course safely, as a team, whilst having a lot of fun. The YMCA Rat Race incorporates either a 4km or 8km run combined with physical obstacles such as dark tunnels, crawling through cold water, sliding in pipes, and climbing through barriers of varying materials. The event is conducted on public pathways, parks and trails, resulting in existence of additional natural and environmental hazards. I am aware that participating in the YMCA Rat Race could be dangerous to myself involving inherent risk of physical injury.
These risks cannot be eliminated completely (without changing the challenging nature of the event) regardless of the care and precautions taken by the YMCA, its officers, employees, volunteers, contractors and equipment suppliers.
I understand and acknowledge that the YMCA Rat Race event involves dangers that include, but are not limited to contact or collision with persons or objects, encountering man-made obstacles and equipment which may be broken, defective or sustain unexpected failure, imperfect course conditions, uneven terrain, erratic or inappropriate behaviours of other participants, errors in judgement by personnel working the event, natural hazards and weather elements.
I further understand that such encounters with these dangers have the potential to result in various injuries including, but not limited to cuts, bruises, sprains and strains, bone fractures, eye injuries, head or spinal injury leading to paralysis or other permanent impairment, exposure, heat-related illness, mental stress, infections, injury to internal organs, stroke, heart-attack and even death. I understand that the dangers and risks of attending and / or participating in the Rate Race may result not only in such serious injury or worsening of a pre-existing medical condition, but in a significant impairment of my future abilities to earn a living, engage in other business, social and recreational activities and generally enjoy life.
2. Assumption of risk.
I have read the preceding paragraphs and understand and acknowledge that:
a) I know the nature of the YMCA Rat Race event;
b) I understand the demands of this event relative to my physical condition;
c) I appreciate potential impact of the types of injuries that may result from participating in the YMCA Rat Race.
I hereby assert that I knowingly assume all of the inherent risks involved in participating in the YMCA Rat Race and assert that I am willingly and voluntarily participating in the event, accept all risks of injury and illness that I may suffer and take full responsibility for any and all damages, liabilities, loses, or expenses that I incur as a result of participating in the YMCA Rat Race. In short I acknowledge I am participating the YMCA Rat Race event entirely at my own risk.
3. Conduct and Agreements for the protection of participants.
I understand and agree that whilst the YMCA and all support personnel will endeavour to take all reasonable precautions and actions to ensure the safety of participants and spectators, they cannot eliminate all potential risk of injury and damage.
Because of the inherent dangers of participating in the YMCA Rat Race, I acknowledge that the YMCA has instituted rules for the protection of participants and support personnel.
I agree to familiarise myself with those rules and follow them throughout the event, including any signage or instruction from YMCA personnel.
I agree to wear any safety equipment as instructed by a YMCA personnel.
I agree to exhibit appropriate behaviour at all times; demonstrate respect for all people, equipment and facilities; and participate with a cooperative and positive attitude.
I certify that on the date of the event will not be under the influence of any alcohol or drugs that that would in any way impair my ability to safely participate in the YMCA Rat Race event.
I recognise the authority of the YMCA to halt my participation (and if necessary have me removed) if my participation, conduct or presence endangers myself or others.
I understand that it is my responsibility to inspect and assess the course, facilities, equipment and areas used, and if I become aware of any that are unsafe or pose an unreasonable risk, I agree to immediately notify YMCA personnel.
By participating in the event I am acknowledging that I have found the course, facilities, equipment and areas used to be reasonably safe and acceptable for participation. I assert I am in good health and in proper physical condition to safely participate in the YMCA Rat Race event.
I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the YMCA Rat Race, or that would result in my participation creating a risk of danger to myself or others.
I acknowledge that the YMCA recommends and encourages each participant to get medical clearance from his/her personal physician prior to participation, in the following circumstances:
· You are inactive or sedentary male over 35 years of age or female over 45 years of age;
· Your doctor has ever told you that you have a heart condition of have suffered a stroke;
· You have ever experienced unexplained chest pains at rest or during physical activity/exercise;
· You have ever felt faint or have spells of dizziness during physical activity/exercise that cause you to lose balance;
· Have ever had an asthma attack requiring immediate medical attention at any time over the last 12 months;
· You have diabetes and have had trouble controlling your blood glucose in the last 3 months;
· Have any diagnosed muscle, bone or joint conditions that you have been told may be made worse by physical activity/exercise;
· Have any previous, pre-existing or recurring injuries or illnesses that may impact physical capacity;
· Are pregnant or have within the past 6 months given birth either naturally or by caesarean section;
· Have within the past 6 months undergone surgery of any kind.
I understand it is my responsibility to continuously monitor my own physical and mental condition during the course of the event, and I agree to withdrawn immediately and to notify appropriate YMCA personnel if at any point my continued participation would create a risk of danger to myself or to others.
In the event I suffer any injury or illness that renders me unconscious or incapable of making a medical decision, I authorise appropriate YMCA personnel and emergency services personnel to provide evacuation, first aid and medical treatment and agree to assume all costs of emergency medical care and transportation.
4. Indemnity and waiver of liability.
In consideration of being permitted to participate in the YMCA Rat Race event, to the extent permitted by law, I (and on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors or assigns) hereby agree to hold harmless, defend, indemnify and forever waive, release, covenant not to sue, and discharge the YMCA of Brisbane, it’s officer, employees, volunteers, agents and representatives from any and all claims, actions, suits, demands, losses and other liabilities and costs (including court costs, legal and investigation fees or other expenses incurred) in relation to any physical or mental injury or illness, contraction of disease (including the aggravation or acceleration of and injury or illness), or other condition, circumstance, behaviour or conduct in relation to an individual or damage to personal property resulting from the inherent risks of the YMCA Rat Race event or the ordinary negligence of the YMCA of Brisbane, it’s officers, employees, volunteers, agents and representatives, that may have arisen out of my participation in the YMCA Rat Race event.
To the extent permitted by law I agree that the YMCA, officers, employees, volunteers, agents and representatives shall be excluded from liability for ordinary negligence in the conduct of the YMCA Rat Race event subject to the exception that this exclusion of liability will not apply in circumstances where the conduct of YMCA, officers, employees, volunteers, agents is reckless.
I understand and agree that this Assumption of Risk, Waiver of Liability and Indemnification Agreement is intended to be as broad and inclusive as permitted by law and that any provision that is found to be unlawful, void or for any reason unenforceable, then that provision shall be severed from this agreement and does not affect the validity and enforceability of any remaining provisions.
6. Permission to use film, photography and images for YMCA Rat Race I grant to YMCA, its representatives and employees the right to take photographs and film footage of me and my property in connection with [program/event].
I authorise the YMCA, its assigns and transferees to use and publish the same in print, film and/or electronically. I agree that the YMCA may use such film, photographs or images of me and my property, with or without my name, for any lawful purpose. This includes such purposes as publicity, multimedia production, illustration, advertising i.e. brochures, billboards and newspapers, use on social media and web content across YMCA managed centres and services. I irrevocably agree that the YMCA may use these images in perpetuity as set out above. Privacy Statement: The YMCA acknowledges and respects the privacy of individuals. The information that is being collected on this form is for the purpose of permitting the YMCA to use any photographs taken of you and your child in any promotion or promotional program, reports, tenders, submissions, decorative material or the like that is created by the YMCA. The intended recipients of this form are the YMCA, its authorised staff and service providers. You have the right to access and alter personal information concerning yourself, your child whose details appear on this photo release form.
7. Acknowledgement and Declaration.
By agreeing to these terms and conditions I acknowledge that I have read the contents of this document in full and I understand the meaning and effect of its provisions.
NAME SIGNATURE DATE