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.

1. Oxfam Trailwalker (“Event”) is run by Oxfam Australia, its employees, agents, volunteers and contractors (together “Oxfam”).

2. For the purposes of these terms and conditions, you agree that the Event and any associated training including training walk(s) organised by Oxfam (“Training Walk(s)”) are recreational activities. Oxfam will provide recreational services associated with such recreational activities limited to the following: online registration for the Event, access to a fundraising dashboard, provision of event bibs with timing chips for time tracking at the Event and other services as determined by Oxfam on the day of the Event (“Event Day Services”). Event Day Services may include the provision of event operational support, an event control centre and first aid services.

3. I understand that participating in the Event and any Training Walk(s) carries with it certain dangers including the risk of physical or mental injury (including the aggravation, acceleration or recurrence of such an injury), death and/or property damage and I accept (to the maximum extent permitted by law) all risks associated with my participation. I understand that participating in the Event and Training Walk(s) will involve walking or running on roads and rugged, isolated and often remote tracks. I am aware of the hazards involved. The hazards include, but are not limited to, road or track surfaces, remoteness from assistance or medical aid, the extremely strenuous nature of covering approximately 33 km, 55 km or 100 km, depending on the distance chosen by the participant, on foot (including walking or running at night), becoming lost, vehicle traffic, actions of participants, spectators, organiser's personnel, supporting agencies, weather conditions, sleeplessness, hypothermia and heat exhaustion, condition or suitability of participant's clothing, footwear or equipment. In my judgment I have sufficient competence and experience to participate safely in the Event and Training Walk(s).

4. I certify that I am physically fit, have sufficiently trained for participation in the Event &/or Training Walk(s) and have not been advised otherwise by a qualified medical person and that I have been given the opportunity by the organiser to attend a briefing prior to any Training Walk(s) and the Event. I confirm that Oxfam and/or allied health volunteers have not provided me with medical advice regarding my participation in the Event and/or Training Walk(s) (and are not responsible for providing me with such medical advice).

5. 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, Event sponsors, Event producers, landowners, volunteers, community organisations and all State, Federal and Local Government authorities with responsibility for the locality in which the event may be staged and their or its respective officers, directors, employees, independent contractors, representatives, agents and volunteers (“Indemnified Parties”) exclude all liability in respect of any:
   a. death;
   b. physical or mental injury (including, but not limited to, the aggravation, acceleration or recurrence of such an injury);
   c. contraction, aggravation or acceleration of a disease; or
   d. 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:
   (i) that the Event and/or Training Walk(s) will be provided with due care and skill;
   (ii) that the Event and/or Training Walk(s) will be fit for any particular purpose;
   (iii) that the Event and/or Training Walk(s) will (or might reasonably be expected to) achieve any particular result; or
   (iv) that the Event and/or Training Walk(s) will be supplied within a reasonable time;
   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).
   

6. On behalf of myself, my executors, administrators, heirs, next of kin, successors and assigns, I:
   a. 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 Training Walk(s) 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;
   b. 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 Training Walk(s).

7. Without limiting the above, to the maximum extent permitted by law, I release the Indemnified Parties from all liability for:
   a. any consequential loss; and
   b. 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 Training Walk(s).

8. Nothing in this document prevents the Indemnified Parties from relying on any laws (including statutes and common law) that limit or preclude their liability.

9. 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 applicable Consumer Laws.

10. I hereby consent to:
    a. Oxfam’s collection, in accordance with Oxfam’s Privacy Policy, of my personal information, including medical information in order to assist in the provision of health and safety services in the event of injury, accident and/or illness; and
    b. receiving medical treatment, which may be deemed necessary in any event of injury, accident and or illness during the event.
    I understand treatment requested from allied health volunteers is at my own risk.

11. I understand that during the Event, Training Walk(s) and/or related activities I may be photographed or filmed. I agree to allow my photograph, video or film likeness to be used for any legitimate purpose by Oxfam, the sponsors and/or assignees. If I share, post or upload photos or videos (“Content”) to the Event website, tag or link Oxfam in such content on social media, I confirm that:
    a. I am the creator and the copyright owner of the Content;
    b. 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);
    c. Oxfam has permission to use, distribute, modify, display and create derivative works from the Content in promotional collateral and on Oxfam websites, social media, publications and on any other medium now or in the future in perpetuity;
    d. Oxfam has permission to identify me, or any of the subjects appearing in the Content that is identified or identifiable in the Content;
    e. I waive any right to review or approve any uses of the Content; and
    f. I waive any right or entitlement to any remuneration or compensation from Oxfam in relation to the Content.
    I understand that any Content that I share, post or upload to the Event website may be stored by web services such as search engines, social media platforms or archiving tools, and Oxfam is not responsible for removing information stored by third parties.
    

12. I agree to abide by the Event Rules and to comply with all instructions issued to me by or on behalf of the Indemnified Parties in relation to my participation in the Event and/or Training Walk(s). I understand that my entry may be voided if through my actions or behaviour, in the opinion of the organisers, I break any of the Event Rules or I bring the Event into disrepute. I further understand that the organisers reserve the right to reject any entry to or participation in the Event without having any justification for their actions.

13. I agree to ensure that I raise the minimum amount of $500 in donations and send to Oxfam by Friday 23 February 2024. I understand that I will be ineligible to participate in the Event, without the prior approval of the event organisers, if the minimum amount of $500 is not raised in accordance with the Event rules. I agree to send the total of all donations raised for which I am assigned to Oxfam prior to the fundraising deadline. I agree that I will make all reasonable endeavours to ensure that I raise the amount I pledged or I may be denied entry into future events.

14. COVID safety
    I understand and acknowledge that Oxfam may amend these conditions of entry by notice to me if there is a change in law, regulation or Oxfam policy which requires participants to show proof of COVID-19 vaccination status (or a valid medical exemption) or comply with any other COVID-19 related requirements.
    
    I agree to comply with any reasonable directions of Oxfam or Event organisers that are reasonably required to ensure that the Event is carried out in a COVID-safe manner.
    
    I understand that I will not be allowed to participate in the Event or Training Walk(s) if:
    • I am awaiting a COVID-19 test result or have received a positive COVID-19 test result; or
    • I have been directed by a health professional to self-isolate
    For more information, refer to:
    Federal Government: https://www.health.gov.au/news/health-alerts/novel-coronavirus-2019-ncov-health-alert
    VIC: https://www.coronavirus.vic.gov.au/

    1. I understand that I may not be allowed to participate in the Event if I:
       a. compromise the health, safety or welfare of Event staff or volunteers with aggressive or abusive behaviour; or
       b. refuse to comply with reasonable directions of Event organisers (if any) that are reasonably required to ensure that the Event is carried out in a COVID-safe manner.
       
       

15. Oxfam reserves the right to alter the trail without notice and/or cancel the Event in consultation with and under the direction of Emergency Service agencies, major Event stakeholders or landowners and/or other government authorities.

16. A full refund of registration fees will be available if the Event is cancelled due to government restrictions relating to COVID-19. A full refund of registration fees will also be available to individuals who are unable to participate in the Event under the circumstances described in paragraph 14 above and provide a medical certificate from a medical professional to Oxfam. If Event organisers or government directives require a reduction in the number of Event participants for safety reasons, refunds will be processed in reverse order based on the date of each team’s entry into the Event. If the Event is cancelled for any other reason, including but not limited to dangerous weather or other environmental conditions, participating teams have the option of requesting a 50% refund of their registration fee. I understand that Oxfam does not guarantee any outcomes from my participation in the Event and/or Training Walk(s).

17. Subject to paragraphs 15 and 16 above, I understand that the registration fee is non-refundable and non-transferable in the event of voluntary cancellation by teams or individual participants for any reason (including due to fear of exposure to COVID-19 or if you are in a higher risk group for infection with COVID-19).

18. I hereby certify that I will be at least eighteen (18) years of age by Thursday 29 February 2024.
    
    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.