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(c) Obstacle Events Pty Ltd ACN - 617 632 238

ALL THE LEGAL STUFF

Welcome to Obstacle Hell  website: obstaclehell.com (the “Website”). What follows are the terms of use for our site and everything on it. These terms (the “Terms of Use”) are a legal agreement between you and Obstacle Hell (“Obstacle Hell” “us”, “we”, “our”). ("I" is "you - the ticket holder)

1. AGREEMENT TO TERMS OF USE

Please read these Terms of Use carefully. By accessing our Website, you are explicitly acknowledging that you have read and understand these Terms of Use and you agree to be bound by them. If you do not agree to these Terms of Use, you are not authorised to use this Website.

Obstacle Hell reserves the right to change these Terms of Use at any time. You are responsible for checking these Terms of Use periodically for changes. Your continued use of the Website after Obstacle Hell  has made changes will mean that you agree to the changes. 

 

To receive a copy of these Terms of Use, email us at info@obstaclehell.com.au

2. PRIVACY POLICY

In addition to these Terms of Use, our Website is also subject to the Privacy Policy at our Privacy Policy Page, which is expressly made a part of our agreement with you. When you agree to these Terms of Use, you also agree to our Privacy Policy. It is important that you read the Privacy Policy and only use the Website if you understand and agree to be bound by our Privacy Policy.

3. SORRY KIDS

This Website is not for children under 12. We do not knowingly request or solicit personally identifiable information from anyone under the age of 12, nor do we communicate with children under 12 by email, phone or in any other manner without the express written consent of their parent or guardian. If we become aware that we have received personal information from a child under 12, we will delete that information as quickly as is reasonably possible and cease further communication with such individual.

4. SITE FEATURES

(a) General Information. Our Website is primarily meant to provide you with information about Obstacle Hell events and about our company. While we try to keep our Website up-to-date and accurate, we take no responsibility for any incorrect information on the Website.

 

(b) Your Submissions. Our Website may also include: surveys to help us learn about you or your interest in volunteering at an event, hosting an event, or being part of a news story about an event; newsletter sign-up; and a poster request form. We do not guarantee any confidentiality or anonymity with respect to any information you provide to us. By submitting information, photos or other materials to us through the website or via email, you expressly: 1) give us permission to use such materials for any purpose; and 2) represent and warrant that you are the owner of such materials and have the right to permit us to use them for any purpose. For example, if you fill out our Media Profile survey and email us your photo, we have your permission to (among other things): shop your story and photo to any media outlets we choose, put such media outlet(s) in touch with you, and we have your permission to use your materials (including, without limitation, your photo and story and any other materials submitted) and grant others to use the foregoing materials.

 

4A. ACCIDENT WAIVER - RELEASE OF LIABILITY 

I acknowledge that this athletic event is an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to: actions of other people including, but not limited to equipment malfunction, participants, volunteers, spectators, coaches, event officials, event monitors and/or producers of the event; lack of hydration, weather, and/or other natural conditions. I hereby assume all of the risks of participating in this event.

    

I certify that I am physically fit, have sufficiently trained for participation in this event and have not been advised otherwise by a qualified medical person.

    

I acknowledge that this Accident Waiver and Release of Liability form will be used by Obstacle Hell, and the sponsors of the event in which I may participate and it will govern my actions and responsibilities at said event.

In consideration of my application and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: (a) Waive, release, and discharge from any and all liability for my death, disability personal injury, property damage, property theft or actions of any kind which may hereafter accrue to me or my travelling to and from this event, THE FOLLOWING ENTITIES OR PERSONS: Obstacle Hell, and their directors, officers, employees, volunteers, representatives and agents, the event sponsors and event volunteers, (b) indemnify and hold harmless all entities or persons mentioned in this paragraph from any and all liabilities or claims made by other individuals or entities as a result of my actions during this event.

Upon paying for my ticket I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during this event.

I understand that at this event or related activities I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the event holders, producers, sponsors, organizers, and/or assigns.

 

This AWRL shall be construed broadly to provide a release and waiver to the maximum extent permissible under the applicable law.

I have clicked a button to confirm that i agree and hereby certify that I have read this document and I understand its content.

5. OWNERSHIP

(a) Ours. Unless otherwise specified, all intellectual property rights in and to the logos, trademarks, copyrights, trade dress, trade names, designs, photos, videos, and other material (collectively, the “Obstacle Hell”) on our Website is owned by Obstacle Hell. You may not copy, modify, publish, distribute, perform, or display any materials from our Website in whole or part in a manner inconsistent with the Copyright Act (Clth) 1968, including, without limitation, any “fair dealing” provisions (Division 3). Use of our Obstacle Hell material for any purpose without first obtaining our express written permission may be a violation of our copyright and/or other proprietary rights.

 

(b) Yours. You retain ownership rights in anything you submit to us through our website or email. However, when you submit materials to us (e.g. information, photos, videos or other materials), you grant us a free, worldwide, perpetual right to modify, reproduce, distribute, publicly display and perform the materials you have submitted, including, without limitation, your name and likeness, and allow others to do the same for any purpose, including, without limitation, commercial purposes. You agree that you will not receive any compensation whatsoever for the aforementioned usage, and you are not entitled to make any claim in connection with our exercise of the permissions you have granted us, including, without limitation, claim(s) based on invasion of privacy, idea misappropriation, other violation of your civil rights, or defamation.

6. DMCA NOTICE

If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately, you are required to provide our Copyright Agent, by providing our Copyright Agent with the following information in writing:

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the site;

Your address, telephone number, and email address;

A statement by you that you have a good-faith belief that the disputed use is not authorised by the owner of the copyright, its agent, or the law;

 

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright;

7. RESTRICTIONS ON USE

We give you permission to use our Website so long as you abide by these Terms of Use and our Privacy Policy and do not:

use the materials on the Website for any commercial purpose;

use the Website or its content for any illegal purpose;

attempt to gain unauthorised access to any other user’s computer systems or networks associated with the Website;

modify or attempt to modify or in any way tamper with Website;

use the Website or any of any of its content in a way that may infringe upon the intellectual property or other rights of any third party, including, without limitation, trademark, copyright, right of privacy or right of publicity; or

interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks.

8. MEDICAL TREATMENT

The Website is provided for your convenience. You should not rely on information provided on this Website as a substitute for professional medical advice, diagnosis, or treatment and nothing on this Website creates a physician-patient relationship. Do not disregard, avoid or delay obtaining medical advice or seeking emergency care.

9. TERMINATION

We reserve the right to suspend or terminate your access to the Website at anytime if we suspect that your use of the Website or its content may be unlawful, violate the rights of third parties or any of the terms of these Terms of Use or our Privacy Policy.

10. INDEMNIFICATION

If anyone brings a claim against us related to your actions or use of the Website or any materials submitted by you through the Website, by email or otherwise, you agree to defend, indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including, without limitation, legal fees and disbursements) related to such claim.

11. DISCLAIMERS

You acknowledge and agree that the disclaimers and limits on liability set forth in these Terms of Use reflect a reasonable and fair allocation of risk between you and us and are an essential basis of the bargain between us.

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE USE OR OPERATION. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (a) ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE; (b) ANY ACTS OR OMISSIONS OF USERS, OUR PARTNERS, ADVERTISERS OR OTHER PARTIES ON OR THROUGH THE WEBSITE; (c) ANY UNAUTHORISED ACCESS TO OR USE OF THE WEBSITE; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (e) ANY INJURIES, PHYSICAL OR EMOTIONAL, TO YOU OR THIRD PARTIES RELATED TO THE SITE; (f) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE; AND/OR (g) ANY PRODUCT LISTED OR SOLD BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL WE BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (a) THESE TERMS OF USE AND/OR OUR PRIVACY POLICY; (b) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR INFORMATION, INCLUDING ANY PERSONAL INFORMATION; (c) THE WEBSITE; OR (d) ANY OF THE WEBSITE CONTENT. THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF WE OR OUR AUTHORISED REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOUR SOLE AND EXCLUSIVE REMEDY FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE SHALL BE FOR YOU TO DISCONTINUE USE OF THE WEBSITE. IN ANY CASE, OUR AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

GOVERNING LAW

These Terms of Use and any dispute, controversy, proceedings or claims of whatever nature arising out of or any way relating to these Terms of Use shall be governed in accordance with Australian Law and the Courts of Australia and the same shall be the jurisdiction to resolve any disputes between us relating to these Terms of Use.