RAT RACE AUSTRALIA AND NEW ZEALAND TERMS AND CONDITIONS
SECTION A: ALL EVENT BOOKINGS
The following definitions shall apply to these terms and conditions:
Business Days – means a day other than a Saturday, Sunday or public holiday in Australia or New Zealand, when banks are open for business.
Consumer Laws – means the Australian Consumer Law contained within Schedule 2 of the Competition and Consumer Act 2010 (as amended, revoked, supplemented and superseded from time to time) and its equivalents in Australian State and Territory laws.
Event – means any event organised by Rat Race (either on its own or in association with third parties) which you have registered to take part in. This also encompasses add-ons such as bike hire purchased for an event.
Event Participation Fee – is the fee payable by you to Rat Race in consideration of your participation in the Event.
Event Rules Document – means the rules described in paragraph 9 of these Terms.
Event Transfer Process – means the Event transfer process that is set out in paragraph 13 of these Terms and which can be found at https://ratrace.com/transfer-policy/, as updated, amended and revoked from time to time.
Force Majeure – means events, circumstances or any causes beyond our reasonable control including, but not limited to weather, flooding, declared pandemic, landslides, social or political unrest, war, riot, terrorist activity (threatened or actual), disease, epidemic, pandemic, quarantine, acts of government or public authorities, public health issues and famine.
Imagery – means any photographs, videos/films, sound and/or media recordings taken of you, which display your name, image, likeness, and/or voice participating in the Event.
Lead Participant – means the Participant who makes the booking on their and their group/party’s behalf.
Losses – any damage, compensation, loss (including consequential), costs or expenses (including legal costs and expenses) that arise out of (i) injury, illness or death sustained by a Participant or Spectator or (ii) damage or loss of a Participant/Spectator’s property/equipment/baggage at an Event.
Participant (you/your) – means an individual participating in the Event OR the parent or guardian of a minor (under 18 years old) participating in the Event.
Participation – means actual participation in the Event by the Participant.
Rat Race (we/our) – means Rat Race Australia Pty Ltd. (and any of its subsidiaries or Event associated companies) registered in Queensland with ACN 648929257.
Rat Race Customer Service – means /E-mail: email@example.com (to be used for all correspondence/communications with us).
Spectator(s) – means any person that attends an Event location to watch Participants take part in that Event.
1. REGISTERING FOR YOUR EVENT
1.1. To register for an Event, you must sign in and complete the online entry form. If you are a new customer, you can create an account before proceeding to complete the online booking form.
1.2. The Contract between you and us will come into existence once you have completed the initial payment for your Event and is made on the provisions of these Terms. As part of the Contract, you agree to participate in the Event you signed up to. You confirm and guarantee that you have authority to enter into and accept the terms of the booking on your, and any other person included in your booking’s, behalf. Once the Contract comes into existence, you agree to abide by any instructions given to you by us or any of our officials regarding your Participation in the Event.
2. PRICING AND PAYMENT
2.1. We reserve the right to make changes to the price of Events at any time.
2.2. The total price of your Event will be displayed in the Event pricing page on our website and will be confirmed to you before you complete your Event purchase.
2.3. Once you proceed with selecting your Event you will be required to select your preferred payment method. You must pay the Event Participation Fee in full when you book or, where available, you can select to pay using our instalment plan which allows you to spread the cost of your Event Participation Fee. If you have a Rat Race Event Gift E-Voucher you can use this to pay for/towards your Event Participation Fee. Note: you will be required to present your Event Gift E-Voucher at the Event registration.
2.4. If you pay for your Event Participation Fee using any available instalment plan, we will set up a reoccurring payment for each of your instalments and your card will be debited on the same date each month. The final payment must be paid 12 weeks before the Event start date, unless otherwise indicated in the Event pricing page and/or your confirmation email.
2.5. If you miss payment on any of your instalments you will receive reminders from Stripe, our payment provider and also the Rat Race customer service team. After 3 attempts to contact you over 3 weeks, if the outstanding balance remains unpaid, we will consider that you wish to cancel your entry and we will withdraw you from the Event. In this scenario such withdrawal will be treated as a cancellation by you and to the extent permissible by law our standard cancellations charges will apply, and instalments of your Event Participation Fee shall be forfeited and not subject to refund.
3. RAT RACE VOUCHER REDEMPTION
3.1. You must present your Event Voucher at Event registration before the start of your Event.
3.2. If you have a Rat Race Gift E-Voucher (only available for purchase from https://www.ratracestore.com/gift-vouchers.html) and use this to purchase (in full or part) your Event Participation Fee, you must also present your Rat Race Gift E-Voucher at the Event registration before the start of your Event.
3.3. We reserve the right to refuse your Participation in an Event if you fail to meet the requirements of paragraphs 3.1 – 3.2.
4.1. You warrant that you undertake to take out adequate insurance in place which covers your Participation in all activities/locations included in your Event and your rescue/return should you come into difficulty during your Participation.
Note: for Rat Race Australia events, the minimum your insurance policy must cover you against is:
4.1.1. the cost of cancellation made by you;
4.1.2. the cost of assistance (including repatriation* and search and rescue) in the event of accident (including injury/catastrophic injury), illness or death (including recovering mortal remains); and
4.1.3. loss of or damage to baggage/equipment.
*The level of repatriation cover must be sufficient to ensure that you can be returned home regardless of the position you may be in and must take into consideration the location/hazards of the Event. The minimum level of cover that you are required to hold for repatriation will be detailed in the Event webpage.
4.2. If you chose to participate without adequate insurance cover in place, we will not be liable to you for any Losses howsoever arising where cover would otherwise have been available (except where these are incurred as a result of our gross negligence).
Note: We do not provide insurance cover for Participants and you accept that this has been made clear to you prior to registering for your Event.
5. PASSPORT/VISA/IMMIGRATION/HEALTH REQUIREMENTS AND TRAVEL ADVICE
5.1. It is your responsibility to ensure that you check and adhere to the specific passport, visa, health and immigration requirements for the location of your Event. If travelling from abroad to participate in the Event, you must check these requirements with the relevant embassies/Consulates and by consulting with the latest travel advice of relevant authorities as these are subject to change. You should also check with your doctor for details on any health measures you will need to take prior to the start date of your Event.
Note: If relevant authorities advise against “all but essential travel” to the destination of your Event, it is your responsibility to determine whether you wish to continue to participate and assume any associated risks. If you wish to continue to participate, you must notify your insurance provider and ensure that your policy will remain valid (or source an alternative insurer that will provide the required cover set out in paragraph 4).
5.2. We do not accept any responsibility if you cannot travel to or return from your Event or incur any loss because you have not complied with any applicable passport, visa, immigration or health requirements. You agree to reimburse us for any fines, damages, losses, costs and expenses (including legal costs and expenses) which we incur due to your failure to comply with any applicable passport, visa, immigration or health requirements.
6. ASSUMPTION OF RISK
6.1. You acknowledge that Events, by their nature, terrain and/or location, are potentially hazardous and dangerous to Participants and that participation carries a risk of serious personal injury and/or death to you and others and/or damage to equipment/kit/property. You are solely responsible for assessing on each occasion whether you should participate/continue to participate in an Event, and this is at your own risk. It is your personal responsibility to remain compliant with the Rat Race Terms and Conditions at all times. You must acknowledge that you will not be under continuous direct supervision at all times. When you take part in Test Pilot and Bucket List events you must adhere to the Rat Race rules, there are certain times when you will have direct supervision from Rat Race staff and at other times in the event, you will have indirect supervision; this means you will have access to a Rat Race staff member at all times if needed but they won’t always be in the immediate vicinity directly instructing you.
6.2. You agree that, to the extent permitted under section 139A of the Competition and Consumer Act 2010 (Cth) and the Consumer Laws (as applicable), Rat Race or its respective officers, directors, employees, independent contractors, representatives, agents and volunteers (Indemnified Parties) exclude all liability (except for in the case of gross negligence) in respect of any:
6.2.2. physical or mental injury (including, but not limited to, the aggravation, acceleration or recurrence of such an injury);
6.2.3. contraction, aggravation or acceleration of a disease; or
6.2.4. 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 will be provided with due care and skill;
(ii) that the Event will be fit for any particular purpose;
(iii) that the Event will (or might reasonably be expected to) achieve any particular result; or
(iv) that the Event will be supplied within a reasonable time; 6 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 Rat
6.2.5. On behalf of yourself, your executors, administrators, heirs, next of kin, successors and assigns, you:
(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 you or any other person may suffer as a result of or in connection with, directly or indirectly, your participation in the Event and you waive all and any rights, claims, actions or suits against the Indemnified Parties which but for the execution of this paragraph 6, you may have had against the Indemnified Parties or any of them now or in the future;
(ii) 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 your participation with the Event.
6.2.6. Without limiting the above, to the maximum extent permitted by law, you agree to release the Indemnified Parties from all liability for any Losses suffered or incurred by you or any other person arising out of or in connection
with your participation in the Event.
6.2.7. Nothing in this document prevents the Indemnified Parties from relying on any laws (including statutes and common law) that limit or preclude their liability.
6.2.8. 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, you understand that you may have rights under consumer guarantees set out in the applicable Consumer Laws.
6.2.9. You hereby consent to receive medical treatment, which may be deemed necessary in any event of injury, accident and or illness during the Event. You understand treatment requested from allied health volunteers is at your own risk.
6.3. The conditions attributable to your Event will be described in the Event description page on our website before you register for your Event. If after you have read this information, you are unsure of the risks associated with your Event or if you would like to discuss these further, please contact Rat Race Customer Service before paying your Event Participation Fee.
6.4. It is also your responsibility to exercise reasonable care and attention whilst participating in your Event. You are expected to be able to look after yourself/other Participants included in your booking.
6.5. Event routes are pre-set for you to follow. The routes may require running and/or cycling on public roadways and/or on rough or uneven terrains which pose inherent hazards and risks. By entering the Event, you acknowledge your responsibility to exercise every possible caution when using the pre-set Event route(s). If you chose to deviate from this, you do so at your own risk and we accept no liability for any Losses incurred by you in these circumstances (except where they arise out of our gross negligence).
6.6. Events take place outside in varied, sometimes extreme, weather conditions (often with little or no warning). You are expected and remain responsible for preparing yourself for the weather conditions of the day accordingly. We accept no liability for any Losses incurred by you in these circumstances (except where they arise out of our gross negligence).
6.7. Regardless of the type of terrain you may encounter during the Event, you are expected to use your own judgment at all times when assessing (i) the conditions applicable to them at the time of your Participation and (ii) your interaction with the Event course.
7. EQUIPMENT REQUIRED
7.1. Each Event has its own specific mandatory equipment/kit requirements. These will be detailed in the Event’s description before you book and will be confirmed to you when you make your purchase. We reserve the right to make changes to mandatory equipment/kit requirements up to 24 hours before the start of an Event. Any such changes will be notified to you by either e-mail, text and/or by posting a notice on our website or our Facebook site. Note: you will be required to demonstrate to us at the start of the Event that you have the required mandatory equipment/kit with you.
7.2. It is your sole responsibility to ensure that you have the required mandatory equipment/kit (including specific safety equipment) before you enter your Event and with you at all times during the Event. This is essential, as without it you will not be able to participate in the Event safely and will not be permitted to enter and participate in the Event.
Note: in these circumstances you waive your right to participate in the Event and we shall have no liability to you to refund your Event Participation Fee or any costs/expenses (including legal costs and expenses), damages, compensation and losses incurred by you as a result of your failure to meet the mandatory equipment/kit requirements.
LOSS, THEFT & DAMAGE OF EQUIPMENT/KIT/PROPERTY
7.3. Rat Race accepts no responsibility for loss, theft, or damage to any equipment/kit/property owned by or under the control of the Participant, deposited by the Participant in the Event’s event village and/or at any point of the Event course. This includes any transport of your equipment where such transport is an element of the service provided during the Event (whether by, or on behalf, of Rat Race). You are encouraged to obtain appropriate insurances to cover you for the risk of lost, stolen or damaged equipment or personal property.
8. MEDICAL/FITNESS REQUIREMENTS
8.1. Because of the nature of the Events, they are not generally suitable for persons with reduced mobility. If you have a medical condition or disability that may affect your participation in an Event, you must provide us with full disclosure of this and any special requirements that you may have prior to booking an Event with us (or if such special requirements arise after you have booked your Event, as soon as you become aware of these).
8.2. Participation in the Event involves strenuous physical exertion and you will be required to be active for very long periods of time. You may also need to be active through extreme weather conditions (including inclement weather and/or very hot or cold weather). By entering the Event, you acknowledge these facts and you accept that it is your sole responsibility to ensure that you have a level of fitness and medical condition at least adequate for the Event requirements. IMPORTANT NOTE: by paying your Event Participation Fee in part or full, you certify that you are physically fit, have sufficiently trained for participation in the Event and have not been advised otherwise by a qualified medical person and that you have been given the opportunity by the organiser to attend a briefing prior to any Event. You confirm that Rate Race and/or allied health volunteers have not provided you with medical advice regarding your participation in the Event (and are not responsible for providing you with such medical advice).
8.3. If you require further information regarding an Event to determine if it is suitable for you/your level of fitness/any medical condition you may have, please contact Rat Race Customer Service before paying your Event Participation Fee.
8.4. We reserve the right to not accept your Event booking if, after taking into consideration your special requirements, condition, disability, or fitness levels, we reasonably believe that an Event is not suitable/safe for you to participate in. We also reserve the right to cancel your Event reservation and impose applicable cancellation charges) if we subsequently become aware:
8.4.1. that your level of fitness is not sufficient for you to safely participate in an Event you have reserved a place in; or
8.4.2. of any medical condition/disability that you have (i) not made us aware of, or (ii) which you are diagnosed with after booking, if we reasonably believe your Event is not suitable/safe for you to continue to participate in.
Where we cancel in the circumstances listed in paragraphs 8.4.1 – 8.4.2, we will not be liable for any costs or expenses that you incur.
8.5. If you have any specific medical details which you believe may be important, we highly recommend that you carry these on your person at all times during the Event to ensure that anyone coming to your aid is aware of them.
9. EVENT RULES
9.1. For reasons of fairness, safety and responsible behaviour, you are expected to abide by the Event rules and regulations set out in this entire paragraph 9. Failure to comply with these Event rules and regulations may lead to penalties or disqualification from the Event.
9.2. You will be required to provide us with your photo ID at registration for your Event. This is a mandatory safety requirement. You will not be able to participate in the Event unless you present your photo ID prior to the start of the Event.
Note: You accept that on-the-Event-day steps (including those contained in paragraph 8.5 above) are a mandatory part of the registration procedure and are designed to ensure your safety. You agree that you will unilaterally cancel your Event Participation and your Contract with Rat Race if you fail to follow these steps and our standard cancellation charges will apply in these circumstances.
9.3. You understand and accept that failure to comply with any of these Terms (including the Event Rules) or the health and safety rules of the Event may, at Rat Race’ sole discretion, result in your disqualification from the Event. In such circumstances you may be asked to leave the Event site/location and our standard cancellation charges will apply.
EVENT DO’S AND DON’TS
9.4. It is your sole responsibility to comply at all times during the Event with all applicable laws, bylaws and regulations, including without limitation, all speed regulations, road traffic laws and other laws relating to the possession or use of alcohol, drugs or other prohibited substances.
9.5. You accept that the Event Director’s decision is final in all cases except in cases of manifest error.
9.6. You MUST:
9.6.1. show respect for the environment, landowners, local communities and other recreational users and Participants, which includes an awareness and sensitivity to any indigenous or traditional places of significance;
9.6.2. ensure that you are wearing or carrying the appropriate (mandatory and/or recommended) equipment/kit at all times during the Event;
9.6.3. dress appropriately for the Event’s conditions, taking into consideration the weather on the day of your Event, which can vary. It is your sole responsibility to select and wear appropriate clothing, footwear and other garments. We will not be liable for any injury or any loss which is a result of you not wearing appropriate clothing and/or footwear;
9.6.4. notify the Event Medic (at registration or when promoted beforehand as part of our medical screening system) of any significant medical history applicable to you;
9.6.5. where we utilise them, be responsible for wearing your timing chip in the correct manner (whether as a competitor or a team member);
9.6.6. stop and assist using reasonable endeavours any participants in need of medical attention and alert an event safety steward ASAP;
9.6.7. in an emergency, attract attention by (for example) using a whistle or voice or hand gestures and raise the alarm to other Participants/Event staff. In the event of a true emergency you must contact 000. There may also be an emergency protocol specifically issued for the Event for you to follow, which we will make available to you. There will be Event medics, safety staff and marshals in attendance throughout the Event equipped with communications devices who will be available to assist you;
9.6.8. go to the aid of any Participant requiring medical assistance that is in proximity to you, and alert an Event marshal or staff member before continuing on your Event journey; and
9.6.9. co-operate with Event, marshals, stewards, officials and staff members at all times.
9.7. You must NOT:
9.7.1. interfere with the timing mats, boxes or their positioning;
9.7.2. stray off the course or enter out-of-bounds areas;
9.7.3. accept outside assistance during the Event;
9.7.4. use public transport and/or transport in cars or other vehicles at any time during the Event unless permitted by the Event organisers to do so; and
9.7.5. at any time drop any litter or otherwise pollute or in any way damage natural habitats on any part of the course or in the Event village.
RAT RACE EVENT EQUIPMENT
9.8. Where we provide you with equipment, you are expected to treat such equipment with care and respect. If in Rat Race’s reasonable opinion, you are found to have damaged our equipment (either wilfully, maliciously, negligently or by mistake) or if you fail to return our equipment at the end of the Event you will be responsible for paying the cost of replacing the damaged equipment to us.
9.9. Timing Equipment: Where timing equipment or satellite tracking units are issued to you for wearing or carrying during the Event, you must return the same to us immediately post-Event. The equipment remains our property at all times. If you fail to return any such items promptly, at all, or if you return them damaged, you must reimburse us for the replacement value of each item of tracking equipment which will be (i) up to $300 per item of timing equipment and/or (ii) the replacement value per satellite tracking unit – this may be considerably higher and replacement values will be communicated to you clearly in advance of your Participation in an Event.
EVENT PARTICIPANT BIBS
9.10. If you are issued with an Event number bib/label by Rat Race you must display and keep the bib/label clearly visible at all times during your Participation in the Event. The Event number must not be altered or defaced in any way before or during the Event. You are not allowed to affix any other branding materials in any shape or form to your Event number or shirt, however temporary, without the prior written permission of Rat Race. Failure to comply with these requirements may result in instant disqualification from the Event (without any liability to us to refund your Event Participation Fee or any other costs or expenses incurred by you as a result).
9.11. While Rat Race makes arrangements with providers and takes care to protect vehicles parked in parking areas, Rat Race shall not be responsible for any damage or loss to Participant vehicles (including damage, theft or otherwise) that are parked in Event parking areas, and Participants assume all risk for their vehicles parked in the parking areas.
THIRD PARTY VEHICLE FLYERS PROHIBITION
9.12. We have a strict policy prohibiting flyers from being placed on vehicles. We have no association with, nor do we endorse, any organisations which may distribute flyers.
9.13. We reserve the right to charge any organisations that conduct non-agreed vehicle flyering $2 per Participant taking part in the Event, to cover the cost of litter collection and refuse disposal.
9.14. You agree not to engage, or endorse, any organisation to distribute flyers on Participant vehicles and to indemnify us for any fines, losses, damages, compensation, costs and expenses (including legal expenses) incurred as a result of this (including, but not limited to, the costs detailed in paragraph 9.13).
10.1. If you intend to bring any Spectators to watch your Participation in an Event, you agree to be responsible for bringing this entire paragraph 10, and any Spectator guidance that we may provide you with, to their attention before the Event start date.
10.2. Any Spectators attending an Event do so acknowledging that the Event is a hazardous activity that takes place in potentially dangerous and hostile conditions/locations. By choosing to spectate at an Event, Spectators accept these risks, in particular the inherent risks in paragraph 10.3 below.
10.3. Events carry inherent risks including, but not limited to:
10.3.1. Participants coming into contact/colliding with Spectators;
10.3.2. Spectators coming into contact/colliding with natural and man-made obstacles and structures as well as different types of terrain and naturally occurring circumstances including, but not limited to uneven terrain, landslides and rock falls;
10.3.3. erratic or inappropriate behaviour by Participants and/or other Spectators; and
10.3.4. varying weather conditions (including, but not limited to, extreme heat/cold, ice, snow, rain and/or fog).
10.4. Whilst attending an Event, Spectators are required to:
10.4.1. adhere to any Spectator Event rules that are presented to them;
10.4.2. exercise reasonable care and attention whilst spectating at an Event;
10.4.3. demonstrate appropriate behaviour to all Participants, other Spectators and Event marshals/staff at all times;
10.4.4. refrain from causing any obstruction to any Event course or to any Participation and to ensure that they stand in a suitable and safe location to ensure compliance with this requirement; and
10.4.5. wear appropriate clothing and footwear, which is suitable for the conditions of the Event.
10.5. We shall not be liable for any Losses sustained by any Spectator which arise out of that Spectator’s attendance at any Event (except where they arise out of our negligence).
11. CHANGES & CANCELLATIONS MADE BY YOU
11.1. Your right to cancel and/or make changes to your Event booking will depend on when you decide to make these changes. If you wish to change or cancel your booking more than 12 weeks prior to the Event start date you will be eligible to use our Event Transfer Process detailed at clause 13 below. If your request is made within 12 weeks from the Event start date, we operate a strict no refund policy and will apply a 100% cancellation charge to your booking equal to the total value of your Event Participation Fee.
11.2. We will have no responsibility to you for (i) for any services booked independently from us, (ii) any third party costs, expenses (including legal costs and expenses) or losses incurred by you if we cancel or make changes to your Event (including, but not limited to, travel costs, accommodation, insurance premiums and/or hire services) or (iii) economic and/or consequential loss suffered by you.
Note: you will have the option to purchase Event cancellation protection via the Refund Protect Scheme (independent from us) when you pay your Event Participation Fee. We recommend that you take out this protection as it will allow you to claim a cash refund if you cannot participate in an Event due to a qualifying reason. The premium for Event cancellation protection under the Refund Protect Scheme is non-refundable (for any reason) and must be paid in full. If, you chose to pay for your Event Participation Fee by instalments and cancel for any reason, you will still be required to pay any remaining balance due on the premium in full to us.
12. CHANGES & CANCELLATIONS MADE BY US
12.1. Events are typically arranged over a year in advance. Occasionally we may have to make changes to or cancel your confirmed Event and we reserve the right to do so.
12.2. Where we cancel an Event, you will be entitled to a credit to any other Event within 12 months by using the Event Transfer Process detailed at clause 13 below at your election.
12.3. We will have no responsibility to you for (i) any services booked independently from us, (ii) any third party costs, expenses or losses incurred by you if we cancel or make changes to your Event (including, but not limited to, travel costs, accommodation, insurance premiums and/or hire services) or (iii) economic and/or consequential loss suffered by you.
12.4. These Terms do not affect your non-derogable statutory rights as a consumer under the Consumer Laws.
13. RAT RACE EVENT TRANSFER PROCESS
13.1. Once you have paid the Event Participation Fee and reserved your place in an Event, you will benefit from Rat Race’s Event Transfer Process. Your eligibility to transfer your Event through the Event Transfer Process is conditional and subject to the restrictions set out below. The Event Transfer Process has been designed to allow you to choose from any one of the following, for any reason, at minimal cost to you:
13.1.1. changing the Event you are participating in;
13.1.2. postponing your participation in your Event for a one year;
13.1.3. transferring your place in an Event to another person; or
13.1.4. having the cost of your Event Participation Fee credited and a Rat Race e-voucher issued to you.
Note 1: Rat Race e-vouchers will be issued by e-mail containing your unique voucher code and are valid for one year from the date of issue. Their value will be equal to your original Event Participation Fee (for the avoidance of doubt, this will not include any administration fees previously paid, GPS charges, any charity donations paid as part of the entry process or any money spent on optional extras such as transport or accommodation). Your Rat Race e-voucher is transferrable to a third party, who may use it towards participation in an Event of their choice (provided that Event is open for entries whilst your Rat Race e-voucher remains valid and they possess the level of fitness required for their proposed Event).
Note 2: you will have the option to purchase Event cancellation protection via the Refund Protect Scheme (independent from us) when you purchase your Event Voucher. We recommend that you take out this protection as it will allow you to claim a cash refund if you cannot participate in an Event due to a qualifying reason. The premium for Event cancellation protection under the Refund Protect Scheme is non-refundable (for any reason) and must be paid in full. If, you chose to pay for your Event Participation Fee by instalments and cancel for any reason, you will still be required to pay any remaining balance due on the premium in full to us.
13.2. Your eligibility for the Event Transfer Process is dependent on the price of your Event and you must make your transfer request in writing to Rat Race Customer Service within the following timeframes:
13.2.1. All Rat Race Australia Event participants must make your transfer 12 clear weeks before the Event start date.
Note 1: if you request to transfer outside of the deadlines stipulated in this paragraph 13.2, the options available to you will be to either (i) continue to participate in your original Event reservation or (ii) cancel your Event reservation and pay the cancellation fee equal to the Event Participation Fee.
13.3. When you request a transfer under the Event Transfer Process, you will be charged an administration fee of 15% of the cost of your Event Participation Fee before your transfer is processed.
Note 1: if you transfer to an Event that is more expensive than your original Event, you will be required to pay any difference in price.
Note 2: we will have no responsibility for any services booked independently from us or for any third party costs, expenses or losses incurred by you as a result of you transferring your Event reservation (including, but not limited to, travel costs, accommodation, insurance premiums and/or hire services).
13.4. For further information on the Event Transfer Process please visit https://ratrace.com/transfer-policy/.
14. EVENT NON-ATTENDANCE
14.1. If you fail to attend on the day of the Event, or if you fail to obtain your Event pack on the day of the Event* or are unable to register, you are deemed to have unilaterally cancelled your entire Event Participation and you will not be entitled to a refund of your Event Participation Fee. In these circumstances you will not be entitled to use the Rat Race Transfer Policy.
*You will be unable to obtain your Event pack if (1) you fail to produce your photo ID at registration on the day of the Event, (2) you fail to bring the mandatory Event equipment (as advised by Rat Race in good time prior to date of the Event) to the Event or (3) Rat Race (for your own safety) on the day of the Event deems in its’ reasonable opinion that your physical fitness level is insufficient to allow you to take part safely in the Event. You accept that where points (2) and (3) above of this paragraph 14.1 apply, the Event Director’s decision on whether you are allowed to participate in the Event shall be final.
15. YOUR BEHAVIOUR
15.1. When you book an Event, you are responsible for your conduct whilst participating in the Event. We reserve the right at any time to refuse your entry into or your further Participation in an Event if, in our reasonable opinion, your behaviour has or is likely to cause danger, upset, distress to you, any other Participant, Spectator, Event staff or to property. If we exercise our rights under this paragraph, you will not be entitled to a refund from us. We will also not be liable to you for any compensation or for any third-party costs, expenses or losses (including, but not limited to, travel costs, accommodation and/or hire services) incurred by you as a result of your removal from an Event under this paragraph 15.
15.2. If you cause damage to any property (intentional or otherwise), you will be responsible for the cost of this damage and you agree to fully indemnify us for the full amount of any losses, damages, compensation, claims, costs and expenses (including all legal costs and expenses) made against us by the property owner or by any third party.
16. FILM & PHOTOGRAPHY RIGHTS
16.1. By completing the online booking process, you give consent on your behalf and on behalf of any other Participants included in your booking that any Imagery of you taking part in the Event and any publicly available biographical material of you may be used by us, or our third party commercial partners, for reproduction in any publication, presentation, footage of the Event, sales, publicity of the Event, related promotional material or marketing communication (including email or any other electronic communication) without limitation, throughout the world, and without charge or royalties payable to you. To the extent necessary, you agree to grant us a non-exclusive license to use any such Imagery in whole or in part, without restriction, for any and all such or related purposes described in this paragraph 16.
Note: we will not seek your consent for any photographs, videos/films, sound and/or media recordings taken of crowds where they do not identify your Imagery, since they are not considered to be personal information under the Privacy Act 1998 (AU).
16.2. You agree to bring this entire paragraph 16 to your entire party’s attention before paying the Event Participation Fee. Nothing in this entire paragraph 16 shall, however, prevent you or any of your party from contacting us to withdraw your consent for processing your Imagery at any time.
16.3. To the extent permitted by law, you expressly waive any claims against us (including our directors, officers, agents, employees, consultants, licensees and assignees) in relation to any issues concerning the invasion of privacy, defamation or any other cause of action whatsoever arising out of the production, distribution, sale, broadcast or exhibition of you Imagery for the purposes outlined in paragraph 16.1 whilst your consent to use your Imagery/publicly available biographical material remains valid.
16.4. If you wish to engage a third party for the purpose of commercial filming, photography and/or collecting Imagery of you at the Event, you must request our written consent prior to the Event.
16.5. You may take photographs, film footage and create imagery of your participation in the Event for non-commercial purposes (that is for personal and private use only). No written permission is required for the publication of personal images on social media sharing websites.
16.6. You are NOT permitted to reproduce or use photographs, film footage or Imagery of the Event taken by you for any commercial purpose (including, but not limited to, on websites, in any printed media or matter or in any television programme) without first obtaining our prior written consent.
16.7. Where paragraphs 16.4 – 16.6 apply, you agree to make all Imagery obtained by you available for us to use, without charge, for the uses outlined in paragraph 16.1. We shall, in our sole discretion, decide whether or not to use the Imagery for these purposes. Your right to withdraw your consent to our using your Imagery shall apply equally to Imagery obtained by you.
16.8. To the extent permitted by law, you agree to assign (by way of present assignment of future copyright) to us all rights, title and interests in the world-wide copyright and all intellectual property rights in such reproduced or used photographs or footage together with exclusive world-wide rights of exploitation where it is necessary in order for us to use your Imagery for the uses set out in paragraph 16.1.
17. DATA PROTECTION
17.1. In order to reserve your place on your chosen Event and for us to provide the services included in your chosen Event, the personal data that you provide to us when you make your online purchase (including sensitive data, data relating to minors, your name, passport details, address and dietary requirements) will be processed by our suppliers (including accommodation providers and transport companies) and/or other organisations, where necessary, to ensure the provision of your Event arrangements. This means that this personal data may also be provided to public authorities if required by them, or as may be required by law. In the absence of passing this personal data as described in this paragraph 17.1, it will not be possible for your Event activities/services to be arranged.
17.2. We have security measures in place to protect your personal data in accordance with the Privacy Act 1998, and where applicable, other data protection laws. We will only pass sensitive personal data (including, but not limited to, data relating to your health) people/suppliers who are responsible for your travel arrangements/the performance of services included in the Event and where we have your prior consent to do so.
18.1. If you have a complaint regarding your Event, you must bring this to the attention of a member of the Event team as soon as reasonably practicable for resolution. If your complaint cannot be resolved during the Event, you must send a written complaint to Rat Race Customer Service no later than 28 days after the end of your Event, so that we can investigate fully. Failure to do so may compromise our ability to properly investigate your complaint.
Note: if, for any reason, you initiate a chargeback prior to a resolution being reached or prior to a complaint notice being received, we reserve the right to defend any chargeback procedure. Where you have initiated a chargeback without affording Rat Race an opportunity to resolve a complaint, you agree to indemnify us for any additional costs (or duplicate costs) that the chargeback process incurs and if, for any reason, you are over-compensated for the same complaint.
19. COVID-19 AND SIMILAR CONTAGIONS
19.1. Whilst efforts are being made across the world by local governments, authorities and health authorities to minimise the spread of COVID-19, there remains a risk that you, or any member of your booking, may be exposed to and/or contract this virus (or similar contagion) at any time before, during or after your participation in an Event if you come into contact with an infected person(s). Rat Race adopts reasonable measures to mitigate the spread of COVID-19 and other contagions, however provides no warranty as to infection or contagion risk.
19.2. It is important that you are aware of these risks before you book with us, so that you can proactively decide whether a particular Event is suitable for you/your party. If travelling from the UK to Participate in an Australian Event, we recommend that you consider the latest travel advice of the FCDO at https://www.gov.uk/foreign-travel-advice and the infection rates in Australia with the Department of Foreign Affairs and Trade (DFAT) at the SmartTraveller website at https://www.smarttraveller.gov.au before making your booking. We also recommend that you discuss any health concerns/conditions that you or any member of your party may have with your medical physician before booking with us and you secure appropriate insurances with your policy provider.
SYMPTOMS BEFORE/DURING TRAVEL
19.3. It is a condition of your Event purchase/Contract with us that you declare within 14 days before departure if you:
19.3.1. start to show symptoms of COVID-19 (or other similar contagion) or have a confirmed case;
19.3.2. have been exposed to someone with symptoms of, or confirmed to have, COVID-19 (or similar contagion); and/or
19.3.3. are notified by the your countries government (or equivalent) that you need to self-isolate.
You must also follow the health guidance in place at that time, which may include a requirement for you and anyone you have been in contact with to self-isolate. If you are unable to travel to/participate in an Event due to restrictions or other controls in place and have to cancel, we regret that you will be subject to our standard cancellation fees.
19.4. It is a further condition of your Event purchase/Contract with us that you declare without undue delay during your participation of an Event if you start to display symptoms of COVID-19 (or similar contagion). You will also be required to confirm details of anyone that you have been in contact with during your participation without undue delay.
19.5. You agree to adhere to any reasonable requests in respect of hygiene and to comply with all quarantine and other measures (including, but not limited to, wearing protective masks) that are in place at all times. You, and anyone you have been in contact with, may be required to self-isolate.
19.6. Where any of the above in this paragraph 19 occurs whilst you are participating in an Event, we will not be responsible for any associated costs that you may incur, including (but not limited to) those relating to additional accommodation, curtailment and missed transport/carriage. However, we will provide such reasonable assistance as we can.
19.7. You agree to indemnify us for any costs, expenses (including legal costs and expenses), damages and compensation that we become liable to pay as a result of you (or any member of your party):
19.7.1. intentionally travelling with symptoms of, or a confirmed case of, COVID-19 (or similar contagion);
19.7.2. ignoring any restrictions in place against travel when you have been exposed to someone with symptoms of, or with a confirmed case of, COVID-19 (or similar contagion);
19.7.3. withholding your symptoms, or a confirmed case of, COVID-19 (or similar contagion) whilst on holiday;
19.7.4. failing to disclose the details of anyone you have been in contact with during your holiday if you become unwell;
19.7.5. omitting to tell us that you have been identified as a person that needs to self-isolate;
19.7.6. not following any measures/restrictions/quarantine requirements that are in place; and/or
19.7.7. contracting COVID-19 (or similar contagion) (except where this is due to our negligence).
CHANGES TO FACILITIES/ITINERARIES
19.8. The effects of COVID-19 (or other similar contagion or associated restrictions, events and government/public authority actions) may mean that travel to/from your Event location, as well as certain services and facilities at destination or included in your Event, may be affected and/or different to those normally expected, sometimes with little or no advanced notice. Examples of this include, but are not limited to:
19.8.1. quarantine restrictions introduced in your home country or abroad;
19.8.2. requirements to wear protective clothing such as face masks;
19.8.3. disruption of travel, such as inability to board carriage due to you presenting symptoms of illness, changes to facilities at airports/ports/terminals, short notice change of carriers/flights and changes/adjustments to transfers that you may have arranged;
19.8.4. restriction or closure of accommodation facilities and services including, but not limited to, where this is due to an outbreak of COVID-19 (or similar contagion), social distancing requirements or similar (e.g. closure of buffet functions, gyms and other communal areas, restricted numbers for events/classes made available by your accommodation provider), lower levels of staff present, changes to menus/products usually made available due to a shortage of suppliers/the non-availability of products and the introduction of having to book meals and other services in advance;
19.8.5. restriction or closure of local facilities; and
19.8.6. being required to adhere to social distancing requirements and limiting contact to participants within your booking.
It therefore may be necessary for us to make changes to your Event either before its start date or during your participation with little or no notice in these circumstances. We reserve the right to deviate from your original Event course/itinerary or to make changes to the same where it is necessary to do so to ensure your safety. We will not have any liability to you in these circumstances.
20. LAW AND JURISDICTION
20.1. Your Contract with us is governed by Australian law and the exclusive jurisdiction of the Courts of the State of Queensland, Australia.
SECTION B: ADDITIONAL TERMS
21. INSTALMENT PLAN PAYMENT DEFAULT
21.1. Where paragraph 2.5 of these Terms apply, your booking will be treated as a cancellation by you and you will not be entitled to a refund of any instalments of the Event Participation Fee or to transfer your Event through the Event Transfer Process.
22. CHANGES & CANCELLATIONS MADE BY YOU
Note: this paragraph 22 applies in addition to the terms contained in paragraph 11.
22.1. Events are arranged over a year in advance (for some Events as much as 3 years in advance) and are based on predetermined routes/courses. This means that once you have a confirmed your attendance to an Event it will not be possible to make any changes to it (subject to paragraph 22.3 below).
22.2. If you wish to cancel your participation in an Event, for any reason, the Lead Participant must make a request in writing to Rat Race Customer Service. Where you chose to cancel, you will not be entitled to a refund of your Event Participation Fee and your Event registration will become void (but note paragraph 22.3 below).
22.3. Notwithstanding paragraphs 22.1 – 22.2, you may alternatively transfer your registration to your Event provided you satisfy the Event Transfer Process requirements set out in paragraph 13.
23. CHANGES & CANCELLATIONS MADE BY US
Note: this paragraph 23 applies in addition to the terms contained in paragraph 12.
23.1. If we have to make a change to your Event, we will notify you of this as soon as possible. Changes may include, but are not limited to, changes to the course (including its route and/or distance) and/or changes to the start time provided the Event still runs on its’ original start date. Where we make any of the changes mentioned in this paragraph 23.1, you will not be entitled to a refund of your Event Participation Fee..
23.2. Due to the nature of the Events (including, but not limited to, their location and weather conditions that affect them) it may be necessary to relocate an Event. We will only do this where it is necessary. We will notify you of a change of location no later than 30 calendar days before the Event start date. You accept that this is a reasonable notice period and that an announcement on our website or on our Facebook site will be sufficient notice of a change of location. You also agree to check these sites regularly. You will not be entitled to a refund if you are unable to participate in an Event which is relocated within a 150km radius of the original Event location.
23.3. We reserve the right to change the date of your Event. If you are unable to participate on the re-scheduled date, you must let us know as soon as possible. You will be entitled to use the Rat Race Transfer Process referred to in Paragraph 13, which includes requesting an Event Voucher to use for an alternative Event (for the avoidance of doubt, in these circumstances the transfer administration fees will not apply).
23.4. If we have to cancel an Event in advance of it taking place, you can transfer your Event Participation Fees and/or associated Event purchases under the Event Transfer Policy in paragraph 13 (which includes the option to convert your Event Participation Fees into a Rat Race e-voucher) without any transfer administration fees.
23.5. Rat Race’s Events are clearly marketed as adventurous and this concept involves an element of uncertainty in the circumstances the Event may face in its’ delivery. If an Event is cancelled or postponed due to Force Majeure, we reserve the right to issue you a Rat Race e-voucher, which will be equal to the value of the Event Participation Fee paid, or extend the terms of the Rat Race Event Voucher issued to you so that it can be redeemed against an alternative Rat Race Event.
24. OUR RESPONSIBILITIES
24.1. We will arrange your Event exercising reasonable skill and care, but you accept that Events carry inherent risks and hidden hazards, which we shall not be responsible/liable for.
24.2. We have a duty to select any third-party suppliers that we contract with to provide services at the Event including, but not limited to, Event medics, caterers and other support staff with reasonable skill and care.
24.3. We shall have no liability to you for any Losses arising out of your Participation in an Event, except where we have been negligent. Where we are found to be negligent under this paragraph 24, we limit our liability to the Event Participation Fee you have paid, except in the case of liability for death or personal injury.
24.3.1. Rat Race have a stringent safety policy throughout all events. Vehicle and driver due diligence is carried out; however, all standards are equivalent to the host countries rules and regulations.
24.3.2. Accommodation used by Rat Race is researched and checked before each event; however, all standards are equivalent to the host countries rules and regulations.
25. MEDICAL QUESTIONNAIRE
25.1. On the day of the Event (or prior), you will be required to sign a medical questionnaire and statement of fitness. You will be required to submit this to the Event Medical team, who will handle this information confidentially and at all times in line with paragraph 17 (Data Protection), at a time that will be made clear to you. We will provide you with a copy specific to your Event prior to your Participation in the Event. You will not be able to participate in the Event unless you present the medical questionnaire and statement of fitness at the appropriate time stipulated to you.
26. FURTHER ASSISTANCE
26.1. If you are in difficulty during the course of your Event and ask us for help, we will offer you appropriate assistance without undue delay. This assistance may include providing you with appropriate information on health services, local authorities and consular assistance, assisting you to make distance communications and helping you to find alternative travel arrangements. You must pay any costs we incur if the difficulty is caused intentionally by you or as a result of your negligence.
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