GRAMPIANS PEAKS TRAIL 100 MILER TRAIL RACE
SINGLETRACK EVENTS TERMS AND CONDITIONS
SingleTrack Events Pty Ltd ACN 34 646 749 322
[UPDATED 22 JANUARY 2024]
INTRODUCTION
This document forms the Acknowledgement of risk, Indemnity Release and Terms and conditions for the Grampians Peaks Trail 100 Miler Trail Race (Event) hosted by SingleTrack Events Pty Ltd.
The Event will be held on Thursday November 21 through to and including Sunday November 24, 2024.
The Event includes the GPT100 Miler, GPT100 Miler Team Relay, GPT100 Stage Race, GPT100 Stage Race Team Relay and GPT50K.
The Event will be held in The Grampians National Park with the event race headquarters situated in Halls Gap and Dunkeld, Victoria.
2. DEFINITIONS
The following definitions will apply throughout the SingleTrack Events Pty Ltd Terms and Conditions document:
“Claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence.
“Consent” means the form provided in the online entry system for parent or guardian acceptance and acknowledgement of the Terms and Conditions.
“Eligibility Requirements” means the requirements that must be satisfied for You to enter and participate in the Event, details of which are provided in Section 1. of the Terms and Conditions.
“Event” means the SingleTrack Events detailed in Section 1. of these terms and conditions
“Event Day” means the day or days that the Event competition is held on.
All references to “We”, “Us” or “Our” are references to SingleTrack Events Pty Ltd on behalf of the Grampians Peaks Trail 100 Miler Trail Race, our subsidiaries and authorised representatives.
“Terms and Conditions” means these Terms and Conditions (including the Warning and Note) and where the context allows, any policies and rules applicable to the Event.
“You” means the person named on the Event application being the applicant and where accepted by SingleTrack Events becoming a competitor in the Event. Where You are under 18 years of age, where relevant, You also refers to the consenting parent or guardian.
“Warning and Note” means the warning and note provided in accordance with the Australian Consumer Law allowing recreational service providers to limit their liability to You.
3. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (ACL)
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 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.
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 exclusion of these statutory guarantees is brought to your attention by 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.
4. ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
You hereby Acknowledge that participating in this Event is inherently dangerous and You may be exposed to risks as a participant in this event. These include, but are not limited to exposure, extreme weather, over exertion, dehydration and/or injury due to the nature of terrain. These are inherent risks, and may eventuate at any time, and may result in damage to property, injury or death. By entering this event you acknowledge and agree that: -
You have read all details of the Terms and Conditions, understand the risks associated with the Event and accept and assume the inherit risks in participating in this Event.
You are solely responsible for your personal possessions at all times during the Event including but not limited to mandatory gear, drop bags and personal possessions. You agree that SingleTrack Events is not responsible or liable for repair or replacement of any damaged property.
You acknowledge that where You are a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. You acknowledge that these implied terms and rights and any liability of SingleTrack Events flowing from them, are expressly excluded to the extent permitted by law. To the extent of any liability arising, the liability of SingleTrack Events will, at its discretion, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the entry fee in part or full relating to the Event.
5. EVENT PARTICIPATION ELIGIBILITY
To be eligible to participate in any of the races in the GPT100 Event, runners must be a minimum of 18 years old on the date of the event you wish to participate in. In the GPT100 Stage Race Team Relay a runner may compete who is a minimum of 15 years old on the date of the event, as long as they are accompanied by an adult.
If You are under 18 years of age on the date of the Event, a parent or guardian must accept these terms and conditions and acknowledge the Warning and Note required by the Australian Consumer Law. Where no consent is provided, You warrant that You are 18 years of age or older on the date of the Event.
You must be medically and physically fit and able to participate in the Event.
You must not be a danger to Yourself or to the health and safety of others.
You must achieve formal qualification to participate as set out within the registration process. You will be unable to participate if qualification is not achieved.
6. REFUSAL OF APPLICATIONS
SingleTrack Events reserves the right to refuse any application for entry into the Event for any reason, including where:
An applicant does not meet the Eligibility and/or Qualification Requirements;
An application, including a team application, is not completed by the nominated completion date;
the field cap has been reached, regardless of the circumstances; or
An application is made on the Event Day unless SingleTrack Events makes a specific exception allowing the application.
7. PARTICIPANT OBLIGATIONS
If Your application to participate in the Event is accepted You will be permitted to participate in the Event on the condition that You comply with the Terms and Conditions and any reasonable direction issued by the Event organisers or their representatives.
You must immediately notify SingleTrack Events in writing of any change to Your fitness and ability to participate in the Event. Where You do not provide any written notice to SingleTrack Events, SingleTrack Events will rely upon this as evidence of Your fitness and ability to participate.
It is Your obligation to follow and complete the course as marked by Event organiser in full, and not cut or shortcut any component of the course. The Event organisers may request data files from You to validate finishing time and position, failure to do so may result in disqualification without refund at the Event organisers discretion.
It is Your obligation to understand and acknowledge cut-off times in relation to Your event as listed in the Participant Guide. The Event organisers hold the right to remove you from the course if you have not met, or display Your inability to meet the strict cut-off times. No refund will be issued upon failure to meet cut-off times.
To be eligible for on course refreshments or medical support, You must have your official event Bib.
In applying to participate in this Event You consent to receiving any medical treatment that the Event organisers or their authorised representatives (including emergency services providers) consider reasonably necessary or desirable during or shortly after the Event. You must reimburse the Event organiser and SingleTrack Events for any costs or expenses incurred in providing You with medical treatment.
You must pay the fees due at the time of submitting Your application. No applications will be accepted or considered unless and until all fees have been received by SingleTrack Events.
You must carry the mandatory gear specific to your entered event. If You do not do so SingleTrack Events may exclude You from participating in the Event without refund.
The Event may put in place procedures to ensure COVID-19 regulation compliance, if any. You are responsible for compliance with any such procedures as laid out in the Event Participation pack and visual signage at the Event. Failure to comply may mean disqualification and ejection from the Event area or course without refund.
You are responsible for the actions and behaviour of any of Your support crew for the entirety of the Event. Failure of Your support crew to comply with directions may result in disqualification from the Event without refund.
8. EVENT INSURANCE
You acknowledge that SingleTrack Events as at the Event date holds Public Liability Insurance for the Event. This Insurance does not cover personal injury insurance for You, the participant. SingleTrack Events strongly recommends You hold your own personal insurance and ambulance cover.
You understand that SingleTrack Events insurance may not cover you for all injury, loss or damage sustained by You in participating in the Event and you acknowledge that SingleTrack Events does not make any representation about the suitability of the insurance.
9. FEES
You must pay all the fees due, including any amounts payable for additional services such as additional merchandise, and other options You nominated at the time of entry into the Event.
You must pay any surcharges that may exist from time-to-time relating to credit cards other than Visa and/or MasterCard.
10. REFUNDS and TRANSFERS
Participation impacted by injury or significant medical issue occurring up to November 14, 2024 (ie. one week prior), irrespective of date of registration, will be non-refundable, though will be transferable to the next year’s edition, or any other event conducted by SingleTrack Events of the same or lesser value. SingleTrack Events will reserve the right to seek evidence of injury or medical issue. Entry transfer as a result of injury or medical issue will be valid once only and no subsequent transfers will be supported.
SingleTrack Events will offer a full refund to anyone if they do not wish to race during their/ their partner's/ their surrogate's pregnancy or are not ready to run postpartum.
Participants are able to transfer their entry into another race in the GPT100 Event provided it is not sold out. Anyone looking to transfer from one race into the GPT100 Miler will need to be qualified to run in the GPT100 Miler before the transfer. If the race the participant wants to transfer to is more expensive, they will be subject to an entry transfer fee of $20.00 + the current difference in price of the races. If the race the participant wants to transfer to is less expensive, there will be no refund on the difference in price and no transfer fee applied.
Participants are able to transfer their entry to another runner. The transfer process will require the participant who is currently entered to email hello@singletrack.com.au with the participant who wishes to take their place in copy with their qualification proposal (qualification proposal is only necessary for the GPT100 Miler). SingleTrack Events can then initiate the transfer if accepted through Race Roster. The participant who is taking the entry will have to pay a $50 transfer fee when completing their registration. The refund between the previous and current participant must be arranged between themselves.
If participants are unable to compete in the Event for any reason (except disqualification), you are entitled to keep any event garment, show bag or gift bag as relevant if already received from SingleTrack Event, but there will be no refunds for Your entry fees.
There will be no refunds for any other items purchased at the time of registration.
You accept that in such circumstances SingleTrack Events has the right to alter the format of, shorten, or cancel the Event in the interest of competitor safety. SingleTrack Events will use all reasonable efforts to conduct the Event in the planned format if safe to do so. Should any reason outside the control of SingleTrack Events, including without limitation weather or other dangerous conditions, war, strike or any other act of God force any change, You accept that SingleTrack Events provides no guarantee in full or in part to refund, credit or exchange any fees that you have paid.
Nothing in this clause is intended to exclude, modify or limit the operation of the Australian Consumer Law.
11. COVID-19 REGISTRATION AND REFUND POLICY
If the Event cannot go ahead due to coronavirus (COVID-19) restrictions on the scheduled date, then:
A portion of your entry fee will be refunded for all valid entries. In accordance with Victorian Consumer Affairs advice, SingleTrack Events are entitled to deduct reasonable expenses that have been incurred in the preparation for the event. SingleTrack Events will seek to engage an external financial advisor to assist in determining a fair and reasonable refund amount and communicate this with participants.
Refunds will be paid to participants no later than 30 days after the scheduled Event date.
At the discretion of SingleTrack Events, valid entries may be transferred as credit for entry to future events.
No Free of Charge entries will receive a refund and any instances of discounted or otherwise varied entries would be proportionate to the fee paid.
Participants enter this Event with full knowledge that unforseen regional or state travel restrictions may apply on the scheduled date of the event. No refund for a participant’s inability to attend due to these travel restrictions will be applied, the participant assumes all risk upon registration.
If a reduction in Event capacity is introduced via local, regional, state or federal government after registrations have been released to participants that reduces capacity to less than the registrations already allocated at that date, priority will be given to participant registration based on date of registration, prioritising the first dated entry and working in chronological order until revised capacity is reached.
If You are not granted a registration based on prioritised event registrations as listed in section 11.4, a refund will be applied to all valid registrations. A valid registration is a fully paid registration; no Free of Charge registrations will receive a refund.
12. TRANSFERS AND RESALE
Entries are non-transferable to other events.
If you wish to transfer into a different distance for the Event, you may downgrade distance before the day of the event (subject to availability of spots), a $20.00 transfer fee will apply. No refunds will be offered for a downgrade.
If you wish to transfer your registration to a greater distance event (subject to availability of spots), you will be obliged to satisfy all qualification and eligibility criteria as set out in point 5 above. You will need to pay the difference in fees at the time of the transfer and a transfer fee will apply.
Any attempt to transfer Your entry to another person without the knowledge of SingleTrack Events may result in the cancellation of Your entry without refund and You may be prohibited from participating in other SingleTrack Events events.
You must not offer Your (or any other persons) Entry for sale through any medium, including auctions (on eBay or any other auctioning or similar means). All individuals involved in such conduct will be disqualified from the Event.
13. PRIVACY
SingleTrack Events has a privacy policy and the information that You provide with this application is necessary for the conduct of the Event. You acknowledge and agree that the information provided will be used by SingleTrack Events to facilitate the conduct of the Event.
You understand that You will be able to access Your information through SingleTrack Events.
If the information is not provided Your application may be rejected.
You warrant that the information You provide in Your application is correct. If You provide incorrect information, SingleTrack Events may disqualify You from the Event and You may be ineligible to participate in future SingleTrack Events conducted events.
You consent to the Event organisers, direct sponsorship partners or associates using Your name, image, likeness and also Your performance in the Event, at any time, to promote the Event or any future similar events by any form of media.
You consent to receiving electronic newsletter material from the Event organisers or their authorised representatives prior to and after the Event. Unless You have nominated otherwise, You acknowledge and agree that Your information may also be used for marketing purposes by a third party or an Event sponsor.
Under no circumstances will your data be shared with any other party for marketing, promotion and/or communication purposes. The only instances whereby your data will be shared with a third party is where supply of data is strictly required to be provided to a supplier of SingleTrack Events as part of its event delivery and event services to You, in which case a strict data management procedure will be observed.
14. SEVERANCE
If any term or condition (in whole or in part) is illegal or unenforceable, that term or condition (or part) is to be severed from these Terms and Conditions to the extent that it is illegal or unenforceable. Any remaining part of a term or condition remains valid and continues to operate to its full force and effect.
15. RELEASE AND INDEMNITY
In consideration of SingleTrack Events accepting Your application for entry to the Event, You to the extent permitted by law:
Release SingleTrack Events from all Claims that You have or may have had but for this release arising from or in connection with Your participation in the Event; and
Indemnify SingleTrack Events and will keep SingleTrack Events indemnified in respect of any Claim by any person including another participant in the Event arising as a result of or in connection with Your participation in the Event.