Last updated: Friday 2 July 2021
Terms and conditions
Please read these conditions of entry carefully before accepting this acknowledgement, waiver and release from liability and potential claims based upon negligence or other claimed misconduct. Your participation in the Oxfam Virtual Challenge will be deemed as your acceptance of these terms.
- I understand that participating in Oxfam Virtual Challenge (“the Event”) may involve strenuous physical activity, which carries with it certain inherent dangers including the risk of physical or mental injury (including the aggravation, acceleration or recurrence of such an injury), death and/or property damage. I am aware of the risks involved and voluntarily accept (to the maximum extent permitted by law) all risks associated with my participation in the Event. The risks may include, but are not limited to, injury due to slippery or uneven road or track surfaces, trip hazards, collision with objects or people, the strenuous nature of covering extended distances on foot, vehicle traffic, adverse weather conditions, the effects of heat, cold, dehydration and exhaustion, and the condition or suitability of my clothing, footwear or equipment.
- I warrant that:
- I am in proper physical and mental condition to participate safely in the Event;
- I have no known medical conditions that may be incompatible with my safe participation in the Event;
- I have not been advised otherwise by a qualified medical practitioner.
- I understand that:
- Oxfam Australia (“Oxfam”) recommends that I consult a qualified medical practitioner before participating in the Event, particularly if I have any medical conditions that may increase the risk of physical or mental injury during my participation in the Event;
- Oxfam has not provided me with medical advice regarding my participation in the Event (and is not responsible for doing so);
- Oxfam has not obtained personal accident insurance or any other insurance covering my participation in the Event; and
- Oxfam, Event organisers and Event sponsors are not responsible for supplying me with any physical or medical assistance, support or transportation during my participation in the Event (including as a result of any event of injury, accident and/or illness).
- I agree that, to the extent permitted under section 139A of the Competition and Consumer Act 2010 (Cth) and its equivalents in State and Territory laws (“Consumer Laws”) (as applicable), Oxfam and its respective officers, directors, employees, independent contractors, representatives, agents and volunteers (“Indemnified Parties”), exclude all liability in respect of any:
- physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
- contraction, aggravation or acceleration of a disease; or
- coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to an individual or the community or that may result in harm to an individual or the community, where such liability would otherwise arise under or in relation to any warranty or guarantee;
except that the exclusion of liability will not apply to significant personal injury caused by the reckless conduct (within the meaning of the applicable Consumer Laws) of the supplier of the relevant services or with reckless disregard, with or without consciousness, for the consequences of the act or omission (within the meaning of the applicable Consumer Laws).
Release, discharge and indemnity
- On behalf of myself, my executors, administrators, heirs, next of kin, successors and assigns, I:
- RELEASE AND DISCHARGE the Indemnified Parties, to the maximum extent permitted by law, from any and all liability for death, disability, personal injury, property damage, property theft and all other loss, damage or liability whatever and however occurring (whether under tort (including negligence), statute, contract, equity or otherwise) which I or any other person may suffer as a result of or in connection with, directly or indirectly, my participation in the Event and/or any associated physical training and I waive all and any rights, claims, actions or suits against the Indemnified Parties which but for the execution of this Acknowledgement Waiver, Release and Indemnity I may have had against the Indemnified Parties or any of them now or in the future;
- INDEMNIFY AND HOLD HARMLESS and will keep indemnified each of the Indemnified Parties whatever or however caused which may be brought against them or any of them which arises in connection with my participation with the Event and/or associated physical training.
- Without limiting the above, to the maximum extent permitted by law, I release the Indemnified Parties from all liability for:
- any consequential loss; and
- any economic loss, suffered or incurred by me or any other person arising out of or in connection with my participation in the Event and/or associated physical training.
Intellectual property rights
- Nothing in this document prevents the Indemnified Parties from relying on any laws (including statutes and common law) that limit or preclude their liability.
- Nothing in this document excludes any term or guarantee which, under statute, cannot be excluded however the liability of the Indemnified Parties is limited to the minimum liability allowable by law. In particular, I understand that I may have rights under consumer guarantees set out in the Australian Consumer Law.
- If I share, post or upload photos or videos (“Content”), or tag or link Oxfam in such content on social media, I confirm that:
- I am the creator and the copyright owner of the Content;
- I have the permission or consent of all persons who are captured and identifiable in the Images (including parental consent if the subject is under the age of 16);
- Oxfam has permission to use, distribute, modify, display and create derivative works from the Content in promotional collateral and on Oxfam websites, publications and on any other medium now or in the future in perpetuity;
- Oxfam has permission to identify me, or any of the subjects appearing in the Content that is identified or identifiable in the Content;
- I waive any right to review or approve any uses of the Content; and
- I waive any right or entitlement to any remuneration or compensation from Oxfam in relation to the Content.
For recreational services to which the Australian Consumer Law (South Australia) applies
Recreational services—Exclusion, restriction or modification of rights under the Australian Consumer Law (SA)
- I hereby certify that I will be eighteen (18) years of age or older before the Event starts.
Under sections 60 and 61 of the Australian Consumer Law (SA) , if a person in trade or commerce supplies you with services (including recreational services 1 ), there is—
Excluding, restricting or modifying your rights:
- 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).
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 injury 2 .
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 Oxfam Australia 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 excluded.
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 about your rights can be found at www.ocba.sa.gov.au
For recreational services to which the Australian Consumer Law (Victoria) applies
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
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—
- are rendered with due care and skill; and
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012
, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. 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
if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form. 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 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012