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Eruv Prayer Walk 2018 Terms & Conditions

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Terms and Conditions - Walker (VIC)

1. I warrant that I have read, considered, reviewed and understood these Terms and Conditions.

2. I agree that any dispute arising under or in relation to these Terms and Conditions shall be subject to the laws and courts of the State of Victoria.

3. I warrant that I am over 18 and of full legal capacity or, if I am applying on behalf of a person under 18 and/or not of full legal capacity, that I am a person legally entitled to sign on behalf of that person (for example, parent, guardian, person having suitable power of attorney). If I am signing on behalf of somebody else, I agree to these Terms and Conditions on behalf of that person.

4. I accept all risk, responsibility and liability whatsoever and howsoever arising from or in connection with such of my children and/or dogs (if any) that accompany me in or in relation to the Celebrate Messiah Eruv Prayer Walk (CMEPW)

5. While participating in CMEPW Activities, I must comply with instructions in and any directions relating to CMEPW Activities received from a staff member or representative of Celebrate Messiah.

6. I accept in my sole responsibility all risks and liabilities that may arise from my participation in CMEPW, including the risk of injury or loss or life, and I release Celebrate Messiah Associates from claims, liability, demands and proceedings arising from or in relation to any loss, damage, expense or personal injury which may be sustained by me as a result of or in connection with:
(a) any neglect, act, omission or failure on the part of the Celebrate Messiah; or
(b) my participation in CMEPW.

7. I indemnify Celebrate Messiah and Celebrate Messiah Associates (collectively, Those Indemnified ) against:
a) all losses incurred by Those Indemnified;
b) all liabilities incurred by Those Indemnified; and
c) all costs actually payable by Those Indemnified to their legal representatives (whether or not under a costs agreement) and other expenses incurred by Those Indemnified in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal), arising as a result of or in connection with my participation in CMEPW and CMEPW Activities.

8. I must provide true and correct information to Celebrate Messiah and promptly notify Celebrate Messiah of any changes to provided information.

9. I consent to the publication of group photos taken during the CMEPW on Celebrate Messiah Facebook page and other social media (unless you specifically request to not have your photos published by making this known to a Celebrate Messiah Associate)

10. I acknowledge that Celebrate Messiah reserves the right, in its sole discretion, to exclude or reject me from participating in CMEPW.

11. I acknowledge that Celebrate Messiah will post the current version of this document for my consultation at http://www.celebratemessiah.com.au/ and that I will be notified of changes in advance by any one or more of written notice on the Celebrate Messiah website.

12. If I do not consent to be bound by this document as varied from time to time, I must immediately withdraw from CMEPW.

In this document :

(a) Celebrate Messiah means Celebrate Messiah Ltd (ABN 49 408 264 647);

(b) Celebrate Messiah Associates means all persons or corporations associated or affiliated directly or indirectly with the Celebrate Messiah including Beit HaMashiach Associates;

(c) Celebrate Messiah Eruv Prayer Walk means Celebrate Messiah's program to walk around the Caulfield Eruv;

(d) CMEPW means Celebrate Messiah Eruv Prayer Walk;

(e) CMEPW Activities means all activities associated with Celebrate Messiah Eruv Prayer Walk;

(f) Terms and Conditions means this document;

(g) Walker means an individual participating (or intending to participate) in CMEPW;

(h) Walking means ambulation on a firm, static surface and excludes walking in water, walking on a treadmill and other non - traditional modes of ambulation.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

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 supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. 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 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in 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.

 
 

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