MIDDLE EARTH HALFLING MARATHON EVENTS ENTRY WAIVER
TERMS AND CONDITIONS
1. In consideration of entering one adult (ADULT) to participate in the nominated event forming the Middle-earth Halfling Marathon NZ 2024 (Event).I acknowledge that on my own behalf and on behalf of myself participating in the Event that I will participate in the Event on these terms and conditions. If I do not consent to these terms and conditions, I will not enter, or register myself for the event.
2. I acknowledge and agree that I will be over the age of 16 (as at the date of the relevant Event).
3. I represent, warrant and agree with the Middle-earth Halfling Marathon NZ (NZBN 9429050092697) Middle-earth Halfling Marathon that:
a. I have voluntarily elected to, and requested Middle-earth Halfling Marathon allow me to participate in the Event. I acknowledge that the Event involves participation in a sporting activity, leisure time pursuit or another activity involving physical exertion and is undertaken for the purpose of recreation, enjoyment or leisure. I understand that there are inherent risks, hazards and dangers associated with my participation in the Event, and that I may suffer serious injury, or even death, as well as property loss or damage as a result of my participation in the Event, including as a result of (among other things) over exertion, equipment failure, dehydration, accidents with other participants, spectators or road users, course or weather conditions and other causes;
b. I freely and voluntarily assume all risks associated with my participating in the Event and acknowledge that my participation is entirely at my own risk and that I may withdraw from the Event at any time (as contemplated by this terms and conditions) (this does not affect any rights we may have under the Consumer Guarantees Act 1993); and
c. I am physically and medically fit and has trained sufficiently to participate in the Event. I am not aware of any medical condition, impairment, disease, illness or other reason why I should not participate in the Event.
4. I understand that I should not participate in the Event unless I have prepared appropriately and I have declared all medical conditions known to me in respect and I am not aware of any medical condition, impairment, disease, illness or other reason why I should not participate in the Event.
5. To the fullest extent permitted by law, I indemnify and will keep indemnified Middle-earth Halfling Marathon and each of their directors, officers, employees, volunteers, promoters, independent contractors and agents (Middle-earth Halfling Marathon Parties) against all costs, losses or damages however caused, arising from or in relation to my participation in the Event.
6. To the fullest extent permitted by law, the Middle-earth Halfling Marathon Parties exclude all liability (including in relation to any warranty or guarantee) arising from any loss or damage suffered by me in connection with the Event, including in respect of any death, physical or mental injury (including 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 or occurrence that is or may be harmful or disadvantageous to me arising from the Event not being supplied with due care and skill or not being reasonably fit for purpose or for any breaches or failure of any applicable law including New Zealand consumer law (New Zealand Consumer Law), or due to negligence by Middle-earth Halfling Marathon or any Middle-earth Halfling Marathon Parties for the breach of contract.
7. I acknowledge that this is a risk warning as applicable under applicable laws including common law and the New Zealand Consumer Law.
8. To the fullest extent permitted by law, the Middle-earth Halfling Marathon Parties' liability to me for a breach of any non-excludable guarantee is limited to a refund for any registration fees paid to Middle-earth Halfling Marathon in connection with my entry into the Event.
9. Nothing in this document excludes, limits or modifies the application of the New Zealand Consumer Law or any other applicable laws, or the exercise of any rights or remedies conferred by the New Zealand Consumer Law or other applicable laws where to do so would contravene the New Zealand Consumer Law or other applicable laws.
10. I consent to receiving, and to pay for, any medical treatment (including without limitation, ambulance transportation and paramedic treatment at the Event) which is considered by Middle-earth Halfling Marathon, to be advisable or deemed reasonable before, during or after the Event. I indemnify and will keep indemnified Middle-earth Halfling Marathon for all costs associated with this medical treatment.
11. Safety precautions undertaken by Middle-earth Halfling Marathon (such as course supervision, participation safety briefings) are a service to myself and other participants but are not a guarantee of safety. I acknowledge and accept that while Middle-earth Halfling Marathon takes reasonable precautions to supervise me during their attendance at the Event, I am ultimately responsible for their supervision and agree to attend the Event to ensure appropriate supervision is provided.
12. I consent to (i) the recording of my likeness and/or voice by any means (including but not limited to audio and visual recordings by television cameras and photographers engaged by Middle-earth Halfling Marathon, or any other person) (together the Images), (ii) the collection and use of my personal information in accordance with these terms and conditions and Middle-earth Halfling Marathon's privacy policy (available at www.halflingmarathon.co.nz), and (iii) the use of the Images for commercial exploitation and other promotional or public relations purposes, throughout the world of the Images by any means (including but not limited to broadcast, telecast and print) by Middle-earth Halfling Marathon or their commercial partners without compensation to me or any other person (including, recording my participation in the Event and using the Images at the venue and on vision screens).
13. I acknowledge and understand that when using an applicable discount code, it must be entered in the ‘Discount Code’ field when completing an online registration or in the space provided on any hard copy registration form. I acknowledge and understand that discount codes are limited to the use of one code per transaction. I acknowledge and understand that using a discount code does not guarantee entry into any Event and registration details that include a discount code must be submitted prior to the online registration closing date or before the event sells out. I acknowledge and understand that all discount codes expire on 23 March 2024.
14. I agree to obey and accept the Event rules and any other instructions issued by Middle-earth Halfling Marathon at any time and acknowledge that I must satisfy any eligibility criteria determined by Middle-earth Halfling Marathon in relation to the Event. I accept that the winner of the Event will be determined by Middle-earth Halfling Marathon acting in their sole and absolute discretion and that no reasons are required to be provided for Middle-earth Halfling Marathon's determination.
15. I agree not to do anything which may adversely affect, prejudice or bring into disrepute the reputation of Middle-earth Halfling Marathon or any venue from which the Event is operated.
16. I acknowledge that my participation in the Event is at the sole discretion of Middle-earth Halfling Marathon and accept that Middle-earth Halfling Marathon may cancel or postpone the Event or may remove me from the venue immediately at any stage if I fail to comply with the terms of this release and waiver or otherwise, and I will not be entitled to any refund in relating to any amounts paid by us to participate in the Event or attend the venue.
17. I accept that if my entry form and payment is not received by Middle-earth Halfling Marathon by the relevant and stated online registration closing date for the Event, I may not be able to participate in any of the events in the Event. If Middle-earth Halfling Marathon chooses to accept late entries for any reason, the Late Registration Price as stated on the entry form will apply per individual (as applicable).
18. I understand that my entry fee for the Event may be refunded if the event is cancelled due to war, state of emergency, disaster, flood, torrential rain or other ‘ACT OF GOD’, or for any other health and safety reason, as determined by Middle-earth Halfling Marathon.
19. If the event is cancelled by Middle-earth Halfling Marathon for any reason, I understand that the amount I have paid for my entry into the Event will be transferred to the next scheduled event or refunded as per the refund policy.
20. I acknowledge and agree that if I wish to cancel my already completed registration for the Event, after the relevant stated online registration closing date, for any reason whatsoever, then no part of the entry fee paid for myself will be refunded.
21. While Middle-earth Halfling Marathon will use all reasonable efforts to ensure the Event is conducted as advertised, I acknowledge that by reason of circumstances beyond the control of the event organisers, it may become necessary or desirable to change the form of the event and if that occurs, I consent to the changes and I agree that each and every one of the conditions set out herein shall apply to that changed event.
22. I acknowledge and agree that as part of the registration process to provide my telephone number, an emergency contact number and information about my medical, physical, dietary conditions and/or allergies, from which I suffer, that might affect their performance, or be relevant if medical treatment is needed, or if drinks or food are provided. I acknowledge and agree that this information and my first name can appear on my registration bib number sticker, which I will be required to wear during the Event.
23. I acknowledge that my personal information is collected and used by Middle-earth Halfling Marathon for the purposes of registering myself for, conducting and improving the Event including facilitating and expediting medical assistance to the participants to protect their health and safety in the event of an incident, providing any merchandise which I have purchased from Middle-earth Halfling Marathon, processing any donations made by me in relation to the Event or a charity which Middle-earth Halfling Marathon collects funds for, and such other purposes as set out in this clause and in Middle-earth Halfling Marathon's privacy policy (available at www.halflingmarathon.com). Middle-earth Halfling Marathon may disclose my personal information to third parties who assist Middle-earth Halfling Marathon to carry out the above purposes such as Event Plus (Event Plus), Sponsors of the Event if you decide to opt in when registering to the Event, and third parties, and I consent for this to occur. While overseas parties are subject to privacy obligations, I accept that such obligations may differ from and be less stringent than the requirements of the privacy laws of New Zealand. If the personal information is not provided, then I may not participate in the Event.
(a) to Middle-earth Halfling Marathon using my personal details including bib name, and also image and photograph(s) before, during or after the Event, for promotional, marketing, broadcasting, reporting or surveying purposes in any media worldwide, including but not limited to, for the purpose of promoting Middle-earth Halfling Marathon's current and future events.
From time to time Middle-earth Halfling Marathon may also contact me to provide me with information about other products and services offered by Middle-earth Halfling Marathon, or other service providers who have a relationship with Middle-earth Halfling Marathon, that Middle-earth Halfling Marathon considers may be of interest to me. When Middle-earth Halfling Marathon contacts me, it may be via mail, phone, email and/or SMS.
I understand that to opt out of direct marketing from Middle-earth Halfling Marathon, or to advise Middle-earth Halfling Marathon that I do not consent to Middle-earth Halfling Marathon images using my personal details, images and photographs in the manner described in paragraphs (a) and (b) of this clause, I need to contact Middle-earth Halfling Marathon by email [email protected]
24. I acknowledge that my personal information is collected and used by Event Plus, for the sole purposes of processing the registration of myself for the Event (including fees payable by me in relation to such registration), the purchase of any merchandise sold by Middle-earth Halfling Marathon and/or the payment of any donations in relation to the Event or a charity which Middle-earth Halfling Marathon collects funds for. I acknowledge that Event Plus may disclose my personal information to third parties who assist Event Plus to carry out the above purposes including to Middle-earth Halfling Marathon, The Events Agency and Hobbiton Movie Set. Event Plus will not disclose my personal information overseas. If the personal information is not provided then I may not participate in the Event. Event Plus Privacy Policy (available at https://eventplus.net/privacy ) contains further information about how I may access and/or correct the personal information held about me as required by law, as well as information about making a complaint about the treatment of personal information.
