PARTICIPANT RELEASE
PLEASE READ THIS DOCUMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS
If you agree to the terms set out in this document, please check the box indicating your acceptance in the event registration platform. If you are a parent or a legal guardian signing this release on minor’s behalf, then please sign and return it to Nike Australia Pty Ltd (“NIKE”) (unless otherwise specified on the Event registration platform) to indicate your acceptance as specified below.
For the purposes of this “Participant Release”, “Event” means the event specified on the Event registration platform scheduled to be held at the location and at the times indicated, including without limitation any and all transportation to, from and between Event locations, any product testing at the Event, and all other activities related to the Event.
In consideration of the opportunity to attend and participate in the Event, I, the named participant, acknowledge and agree that the following:
1. ACCEPTANCE OF TERMS AND CONDITIONS.
(a) I confirm that I am the minimum age specified on the Event registration platform (if any) or over and I have read this Participant Release and fully understand, agree to and accept the terms and conditions herein.
(b) To the extent that I am under the age of 18 (a “Minor”), I represent that my parent(s) and/or legal guardian(s) have consented to me attending and participating in the Event and all references to “I” or “me” in this Participant Release will include and bind my parent(s) or guardian(s).
(c) I acknowledge that, unless otherwise specified on the Event registration platform, my attendance at and participation in, and eligibility to attend and participate in, the Event is subject to NIKE receiving this Participant Release fully consented to by me (and my parent(s) and/or guardian(s) where relevant).
(d) The Event registration platform may specify that I can indicate my acceptance of the terms and conditions of this Participant Release by “checking” a box during online registration. Where this occurs, I understand that checking the box will constitute binding acceptance of this Participant Release by me.
2. ELIGIBILITY TO ATTEND AND PARTICIPATE IN EVENT.
(a) I acknowledge that NIKE and/or the Event organiser reserve the right to request verification of age, identity, residential address, and any other information from me (and for Minors, their parents/guardians) relevant to my registration for, attendance at, or participation in, the Event. Verification is at the discretion of NIKE and/or the Event organiser whose decision is final.
(b) I acknowledge that NIKE and the Event organiser reserve the right to refuse my entry or to eject me from the Event if I provide false information, fail to provide required information, or if I am otherwise involved in manipulating, interfering with or disrupting, the Event (or if I attempt to do so).
(c) I acknowledge that attendance at, and participation in, the Event may be subject to additional conditions and requirements imposed by the Event organiser.
(d) I understand that registration for the Event may be subject to position availability and in these circumstances, I will be informed by NIKE or the Event organiser prior to the Event if my registration has been successful.
3. ALTERATIONS TO, CANCELLATION OF, OR NON-ATTENDANCE AT, EVENT. To the maximum extent permitted by law, NIKE and/or the Event organiser reserves the right to modify, suspend, cancel or terminate the Event, in whole or part, at its discretion without any further obligation or liability. I understand that my attendance at and participation in any or all activities forming part of the Event is voluntary. I understand I am responsible for all costs associated with my attendance at the Event, including travel costs to and from the Event location, unless otherwise advised by NIKE or the Event organiser in writing.
4. ASSUMPTION OF RISK. I hereby confirm that:
(a) I am physically and medically fit to participate in the Event; and
(b) I am not aware of any medical condition, impairment, disease, illness or other reason why I should not participate in the Event.
I further acknowledge and agree that:
(c) Attendance at and participation in the Event involves inherent risks and dangers of accidents, personal and bodily injury (including death and permanent disability) and property loss or damage. These may result from my own actions or inactions, as well as the actions or inactions of others, the activities, the rules of play, transport between Event locations and the condition of the facilities, equipment and terrain;
(d) There may be other risks not known to me and not reasonably foreseeable at this time. I have considered the nature and extent of the risks involved, and I voluntarily choose to assume all such risks, both known and unknown, even those risks that result from the negligence of NIKE and the Released Parties (defined in item 5(b) below) or others and assume full responsibility for my attendance at and participation in the Event; and
(e) I consent to treatment in the event of an emergency or other incident which, in the reasonable judgment of the on-site personnel, I require medical care. I further agree to pay all costs associated with such medical care and to indemnify and hold harmless NIKE and the Released Parties (defined in item 5(b) below) from any costs or claims arising from such medical care.
5. RELEASE FROM LIABILITY.
(a) Subject to items 6, 8, 9 and 10, I, for myself and on behalf of my heirs, estate, insurers, successors, and assigns, hereby fully and forever release and discharge NIKE and the Released Parties (defined in item 5(b) below) from any and all claims or causes of action I may have for damages, losses, costs, expenses, claims, or causes of action for personal or bodily injury, disability, death, loss or damage to person or property relating in any way to the Event, whether arising from the negligence of any or all of NIKE and the Released Parties or otherwise, to the fullest extent permitted by law.
(b) “Released Parties” means NIKE, Inc. and the affiliates and subsidiaries of NIKE, Inc., their respective officers, directors, shareholders, employees, agents, distributors, partners, representatives, contractors, successors, assigns, and insurers, all Event organisers, promoters, sponsors, advertisers, volunteers, and staff, and all owners or lessors of premises used in connection with the Event.
6. RIGHTS UNDER CONSUMER GUARANTEES. Nothing in this Participant Release excludes or limits any term or guarantee which, under statute, cannot be excluded or limited. E.g. you may have rights under consumer guarantees in the Competition and Consumer Act 2010 (Cth) (the "Act"). Where such liability cannot be excluded, but is able to be limited, NIKE and the Released Parties limit their liability to the maximum extent permitted by law.
7. LIABILITY FOR DEATH, INJURY ETC. To the extent permitted under relevant statutes and subject to items 6, 8, 9 and 10, NIKE and the Released Parties exclude all liability (including, without limitation, in negligence) in relation to the Event for:
(a) death;
(b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
(c) the contraction, aggravation or acceleration of a disease; or
(d) the 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 or disadvantage to an individual or the community.
8. LIMITS ON EXCLUSION OF LIABILITY. If the Event is held in Queensland, the ACT, Tasmania, New South Wales, the Northern Territory or South Australia, the exclusion of liability in item 7 will not apply to significant personal injury caused by the reckless conduct (as defined in section 139A(5) of the Act) of the supplier of the relevant services. If the Event is held in Victoria or Western Australia, the exclusion of liability in item 7 will not apply to death or significant personal injury caused by the reckless conduct (as defined in section 139A(5) of the Act) of the supplier of the relevant services or caused by the supplier's act of omission done or omitted to be done with reckless disregard for the consequences. In all cases, and without limiting the foregoing, nothing inthis Participant Release (including under item 7, this item 8 or items 9 or 10) limits or excludes NIKE and the Released Parties’ liability for wilful misconduct or gross negligence. For the purpose of this item 8, “gross negligence” means in relation to an act or omission, doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.
9. EVENTS HELD IN VICTORIA. If the Event is conducted in Victoria, the following warning applies.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC)
If you consent to 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.
In accordance with 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 2022 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
10. INFORMATION FOR SOUTH AUSTRALIAN EVENTS. If the Event is conducted in South Australia, the following applies.
Your rights:
Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services as defined below)), there is:
(a) a statutory guarantee that those services will be rendered with due care and skill; and
(b) a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
(c) a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).
Excluding, restricting or modifying your rights:
Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).
If you consent to this form, you will be agreeing to exclude the supplier's liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury (defined below).
Important
You do not have to agree to exclude your rights by consenting to this form.
The supplier may refuse to provide you with the services if you do not agree to exclude your rights by consenting to this form.
Even if you consent to this form, you may still have further legal rights against the supplier.
A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.
A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.
Agreement to exclude, restrict or modify your rights
You agree that the liability of NIKE, Inc. and the affiliates and subsidiaries of NIKE, Inc. (or any other supplier of the recreational services) for any personal injury that may result from the supply of the recreational services that may be suffered by you or a person for whom or on whose behalf you are acquiring the services is excluded.
Definitions
Recreational services are services that consist of participation in:
(a) a sporting activity or similar leisure-time pursuit; or
(b) any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.
Personal injury is bodily injury and includes mental and nervous shock and death.
Further information
Further information about your rights can be found at https://www.cbs.sa.gov.au/.
11. AUTHORIZATION TO RECORD AND USE RECORDINGS and NAME.
(a) For this item, “NIKE Grantees” collectively means NIKE, Inc., its affiliates, subsidiaries (including NIKE), and their respective successors, assigns, and licensees.
(b) I hereby give permission to the NIKE Grantees to film, photograph, video record, and otherwise record and to publish, communicate to the public and broadcast (including but not limited to live-stream broadcast to the general public via the internet or to other venues or locations) me and my image, voice, avatar, name, biographical data, silhouette, body dimension, shape, posture, likeness or any other aspect of my attendance at and participation in the Event (collectively the”Recording”).
(c) I also hereby grant the NIKE Granteesthe irrevocable right to use (and to assign and/or permit others to use) all or any part of the Recordings in all media and in any manner. These rights extend to use of the Recordings anywhere in the world, for an unlimited duration, and for any purpose (including in connection with the Event and any other commercial purposes, such as advertising and promotion).
(d) I acknowledge and agree that:
(i) I will not receive any compensation or payment for the NIKE Grantee’s use of the Recordings;
(ii) NIKE Grantees have no obligation to use any of Recordings;
(iii) I will have no right of approval and no legal claim arising out of any use or editing of the Recording or my name, image or likeness; and
(iv) it is not necessary for NIKE Grantees to obtain permission from or to pay any third party in connection with the rights granted in this item.
12. LICENCE TO USE COMMENTS, FEEDBACK AND IDEAS. I hereby grant to NIKE Grantees a perpetual licence to use all comments, feedback and ideas I may share with them, without notice, compensation or acknowledgement to me, for any purpose, including, but not limited to, developing, manufacturing, and marketing products and services and creating, modifying or improving products and services.
13. CONFIDENTIALITY. I understand that, during the Event, I may be exposed to ideas, designs, discoveries, inventions, and trade secrets, including footwear, apparel and equipment designs under development, fabrication processes, innovative materials, drawings, business and marketing plans, sales data, and research about biomechanics and exercise physiology. I agree that all such information is and shall remain the property of NIKE and may not be used, copied or distributed to third parties, without NIKE’s express prior written consent. My obligations of non-disclosure with respect to NIKE’s information shall remain in effect for five years from the date I gain access, so long as such information has not entered the public domain.
14. COLLECTION AND USE OF PERSONAL INFORMATION. NIKE may collect your personal information directly or through its agents or contractors. Attendance at, and participation in, the Event is conditional upon you providing the requested information and by attending and participating in the Event you consent to the use of your personal information as described below. NIKE will use your information to conduct the Event. NIKE may disclose your personal information to its related companies, agents and contractors to assist in conducting the Event, communicating with you or storing data. This may include disclosures to organisations outside Australia, including in the United States. I hereby grant to NIKE the right to use my information in accordance with its {{agreement:privacyPolicy:Privacy Policy}}. This document includes information about: (i) how to seek access to the personal information NIKE holds about you and seek correction of the information; and (ii) how to complain about a privacy breach and how NIKE will deal with such a complaint.
15. RIGHTS TO REGISTRATION. By registering for the Event, I grant NIKE Grantees the unconditional and perpetual right and permission to reproduce, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use my registration (with or without using my name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from me or any other party. To the fullest extent permitted by law, by submitting a registration, I further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against NIKE Grantees or any other person, on the grounds that any use of the registration, or any derivative works, infringe any of my rights in the registration, including, without limitation, copyright. I further acknowledge that NIKE Grantees is in no way obligated to publish or use my registration in any way (other than for the purposes of administering the Event, provided that the registration is eligible).
16. SEVERABILITY. I acknowledge and agree that if any part or parts of this Participant Release are held to be invalid or otherwise unenforceable, that part or parts will be void to the extent contrary to applicable law and the rest of this Participant Release will remain in full force and effect.
17. FURTHER TERMS. I agree to comply with any Event rules and other instructions issued by NIKE, its representatives or the Event organisers at any time during the conduct of the Event. I agree that I will not do anything that may compromise or endanger the health, safety or lives of any person (including myself) attending or participating in the Event or do anything that may damage the property of another person. I agree not to do anything which may adversely affect, prejudice or bring into disrepute the reputation of NIKE or the Event. I acknowledge and accept that NIKE, its representatives or the Event organizers may remove me from any Event venue immediately at any stage if I fail to comply with the terms of this Participant Release or otherwise act inappropriately, and I will not be entitled to any refund in relation to any amounts paid by me to attend or participate in the Event. I acknowledge that my attendance at and participation in the Event is not transferable to any other party.
By checking the box on the event registration platform and registering for the Event, I acknowledge that I have read, understood, accept and agree to the terms and conditions of this Participant Release, and understand that I am giving up substantial rights by accepting this Participant Release. I accept these terms and conditions freely and voluntarily, without any inducement or coercion
IF THE PARTICIPANT IS A MINOR (UNDER 18 YEARS OF AGE), A PARENT OR LEGAL GUARDIAN MUST READ, SIGN BELOW AND RETURN TO NIKE:
I am the parent or legal guardian of the above-named participant (“Participant”), and I agree that the Participant may attend and take part in the Event and that all references to “I” and “me” in this Participant Release will include and bind me, as the undersigned parent or legal guardian. I understand that transportation may be provided, and, in the event transportation is provided, I consent to the Participant taking the bus, car, plane or other vehicle provided. I understand that it is a condition of entry by the Participant to the Event that: (1) the Participant must be the minimum age specified on the Event registration platform (if any) or over at the time of registration; and (2) a signed copy of this Participant Release must be provided to NIKE prior to entry. On behalf of the Participant, the Participant’s parents or guardians, heirs, estate, insurers and assigns, I hereby irrevocably and unconditionally (1) agree to all terms of this Participant Release and (2) authorise NIKE or its representatives to arrange for any medical treatment they deem reasonably necessary for the Participant. I also, for myself and on behalf of my heirs, estate, insurers, successors and assigns and anyone else who may make any claim for or on behalf of the Participant, hereby fully and forever release and discharge NIKE and the Released Parties (defined above) from any and all claims or causes of action I may have for damages for personal or bodily injury, disability, death, loss or damage to person or property, whether arising from the negligence of any or all of NIKE and the Released Parties or otherwise, to the fullest extent permitted by law. I have read this Participant Release, fully understand its terms and voluntarily agree to these terms on behalf of the Participant.
PARENT OR GUARDIAN SIGNATURE: ________________________________________________________________________________
PRINT NAME: ______________________________________________________________________________________________________
DATE SIGNED: _____________________________________________________________________________________________________