For everyone signing up to take part in Cloud Climb: as part of the sign-up process, you’ll need to agree to participate according to the terms of this waiver.
CLOUD CLIMB 2017
The following Terms & Conditions apply to any person who has submitted an application for Cloud Climb – Royal Flying Doctor Service – Victoria (ABN 71 004 196 230) Level 1, 345 Bridge Road, RICHMOND VIC 4701 (“RFDS – VIC”).
1) Cloud Climb is a 12 day virtual challenge during Mon 22 May and Fri 2 June 2017 to raise money for the RFDS Vic.
2) Due to the autonomous nature of Cloud Climb, the venue for the Cloud Climb “Stair Climb” is to the personal selection of the participant and they need to ensure their safety at their chosen venue.
3) Cloud Climb events are training opportunities or special events that participants may be invited to during or in the lead up to Cloud Climb.
4) “Claims” means all claims, liabilities, demands, suits, causes of action, damages, debts, costs, verdicts and judgments whatsoever whether at law or in equity or under any statute in connection with or arising out of Cloud Climb 2017.
5) “Releasees” means RFDS – VIC and any consultants, promoters, organisers, participants, sanctioning organisations, officials, rescue personnel, sponsors, advertisers, event inspectors, and any others who give recommendations or engage in risk evaluation regarding Cloud Climb and the owners, occupiers and lessees of any premises used for the Cloud Climb events and their respective directors, servants, employees and agents.
SUBMISSION OF THE WAIVER FORM OR YOUR ACCEPTANCE OF THESE TERMS ELECTRONICALLY IS YOUR ACKNOWLEDGEMENT OF THE ACCEPTANCE OF THE TERMS & CONDITIONS OF PARTICIPATION IN CLOUD CLIMB 2017.
1. Participant details
I wish to participate in the RFDS – VIC Cloud Climb 2017 and understand that participation has inherent risks, including but not limited to risks to personal heath arising from the physical nature of climbing stair.
2. Acknowledgement and Certifications
• I warrant that I am in a good state of health, that I am not receiving any medication or taking any substance which may affect or interfere with my ability to engage in Cloud Climb and, other than as set out below, that I am free from any injury, medical condition (including but not limited to pregnancy, heart condition or seizures), disability, disease or illness which may be aggravated by participation in Cloud Climb or which may affect or interfere with my ability to engage in Cloud Climb.
• I certify that I am physically capable of participating in Cloud Climb. I am aware of my fitness level and will take part in Cloud Climb accordingly. I accept all risks associated with my participation in Cloud Climb.
• I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in Cloud Climb, or that would result in my participation creating a risk of danger to myself or to others.
• I acknowledge that the RFDS recommends and encourages each participant to get medical clearance from his/her personal physician prior to participation.
• I will advise the venue (ie my work place if that is where I am stair climbing)that I am participating in Cloud Climb and of any pre-existing medical conditions or any advice or caution from a physician that might reasonably be expected to increase my risk of requiring medical attention during Cloud Climb.
• If I participate in an arranged RFDS Cloud Climb training event I will advise the RFDS of any pre-existing medical conditions or any advice or caution from a physician that might reasonably be expected to increase my risk of requiring medical attention during a Cloud Climb training exercise or event.
• I understand that it is my responsibility to continuously monitor my own physical and mental condition during 10 days of Cloud Climb, and I agree to withdraw immediately and to notify appropriate personnel if at any point my continued participation would create a risk of danger to myself or to others.
• If participating in an RFDS VIC Cloud Climb event, in the event of an injury to me that renders me unconscious or incapable of making a medical decision, I authorise appropriate RFDS personnel and emergency medical personnel at the Cloud Climb event to make emergency medical decisions on my behalf (including, but not limited to CPR and AED).
• I authorise to secure emergency medical care or transportation when deemed necessary by Venue / RFDS personnel.
• I agree to assume all costs of emergency medical care and transportation.
Waiver of Liability and Indemnification
In consideration of RFDS VIC accepting my entry into Cloud Climb, to the maximum extent permitted by law I absolutely release and waive any Claim I might otherwise have against the Releasees in respect of any injury, death, loss or damage I suffer as a result of my participation in the Stair Climb, howsoever arising, including as a result of any breach of contract and/or negligence by the Releasees.
To the maximum extent permitted by law I indemnify and hold harmless the Releasees against any loss or damage suffered by them as a result of any Claim made by or against me during Cloud Climb howsoever arising, including as a result of any act, neglect or default caused by me during the Cloud Climb.
I acknowledge that the Releasees will not be liable for any harm suffered by me due to the materialisation of an obvious risk to my participation in a dangerous recreational activity.
3. Media and Photography
I grant to the RFDS VIC and its affiliated entities or contractors and/or the media my permission and authority to use my name, image, voice, and/or likeness in any photographs, videotapes, CDs, DVDs, broadcast, telecast, podcast, webcast, recordings, motion pictures, commercial advertisement, promotion materials, and/or any other record captured during a Cloud Climb event for any purpose whatsoever without compensation.
5. Right to refuse application
I acknowledge that RFDS VIC reserves the right to refuse my application to register. Should my application be refused my full registration fee will be refunded to me.
I undertake to notify the RFDS VIC of my inability to participate in Cloud Climb or a Cloud Climb training event at the earliest possible opportunity. I acknowledge that I will not be entitled to any refund of my application fee if I withdraw and that, once accepted, my application to participate and my application fee cannot be transferred to another person.
7. Cancellations etc
I acknowledge that the RFDS reserves the right to postpone or cancel any Cloud Climb training events. In the occasion of a cancellation or postponement I acknowledge that RFDS will use reasonable efforts to advise me in advance.
8. Majority Age
I represent and warrant that I will be at least 16 years old at the time of the event. If I am under the age of 18 I understand that I will not be allowed to participate without the signature of a parent or guardian on the Waiver and Release of Liability. I affirm that I have read and understood what is expected of me.
9. Acknowledgement of Understanding
THIS AGREEMENT SHALL BE INTERPRETED AND THE RIGHTS OF THE PARTIES DETERMINED UNDER THE LAWS OF THE STATE OF VICTORIA. THE COURTS OF VICTORIA SHALL HAVE EXCLUSIVE JURISDICTION FOR ANY DISPUTE ARISING UNDER, OR PERTAINING TO, THIS AGREEMENT. I expressly agree that this waiver is intended to be as broad and inclusive as is permitted by law and that if any provision of this waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this waiver and shall not affect the validity and enforceability of any remaining provisions.
I have carefully read these Terms and Conditions, including the Waiver of Liability and Indemnification, and fully understand its contents. I am aware that this is a release of liability and a binding contract between myself and the Releasees, and I sign it of my own free will, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.