2021 MDC Participant Terms and Conditions

The 2021 Mother’s Day Classic allows participants to take part in the iconic event, in their own time, in their own neighbourhood, and with social distancing. 

I apply for entry to the Event.  In consideration of my application to enter the Event being accepted, I acknowledge and agree that (for competitors under the age of 18 a parent or guardian must also make this declaration) I am bound by these terms and conditions and must comply with these terms and conditions. I also understand that I may be contacted by a third party representative of the Mother’s Day Classic Foundation regarding fundraising for the Event.  Although encouraged it is not compulsory to fundraise for the Mother’s Day Classic to participate in the Event.

1. Definitions

1. In this Event Entry Declaration:
   
   1. "Claim" includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with the Event.
   2. "COVID" means the pandemic and/or public health emergency arising from the virus and respiratory illness known as the Novel Coronavirus 2019 and any mutation or variation of that virus or illness.
      
   3. "Local Organised Activity" means a series of locations across Australia identified by the Mother’s Day Classic Foundation where participants may complete their Mother’s Day Classic Walk/Run Activities.
      
   4. "Entry Fee" means the amount published on the website [www.mothersdayclassic.com.au].
      
   5. "Event" means The Mother’s Day Classic organised by MDCF which includes the Personal Event and may, in MDCF’s absolution discretion, include a Local Organised Activity.
      
   6. "Event Organisations" means and includes the Event Organisers, MDCF, and where the context so permits, their respective directors, officers, employees, representatives, volunteers, sponsors, contractors and subcontractors (and their respective employees), members, servants or agents. 
      
   7. "Event Organiser" means the person or persons appointed by MDCF to organise the Event.
      
   8. "MDCF" means MDC Foundation Ltd ATF Mother’s Day Classic Foundation ABN 16 179 157 565.
      
   9. “Personal Event” means participating in the 2021 Mother’s Day Classic in your own time and place and not at one of the suggested locations. 
      
   10. "Walk/Run Activities" means performing or participating in any capacity in any activity authorised or recognized by the Event Organisation as part of the Event.
       

2. Benefits

1. You must pay the Entry Fee at the time of applying to enter the Event.
   
   
2. In consideration for the payment of the Entry Fee you will receive 
   1. a race pack; 
      
   2. access to the online portal for the Event; and 
      
   3. the ability to participate in the Personal Event at your own time and place
      
      
3. Your Entry Fee does not entitle you to attend any Local Organised Activity and MDCF is under no obligation to hold a Local Organised Activity.  However, subject to weather conditions, capacity constraints and any applicable COVID restrictions or requirements, MDCF may decide to hold a Local Organised Activity and, if MDCF does decide to hold a Local Organised Activity, you will be entitled to express your interest in attending such Local Organised Activity.  
   
   
4. If a Local Organised Activity does take place, MCDF may impose a cap or other limit on the number of people who can attend the Local Organised Activity and implement a registration process to ensure that expected numbers do not exceed such cap or limit.  MCDF will not charge any additional amount for any registered person to attend a Local Organised Activity.

3. COVID 

1. (Cancellation of Event)  Without limiting clause 15 and 18, I acknowledge and agree that MDCF may reschedule, relocate, alter the format or change the nature of the Event (including cancelling any Local Organised Activity) if, in the opinion of MDCF, it is not able to, it is impracticable to or it is not safe to hold the Event directly or indirectly because of COVID or a law, regulation, government declaration and/or direction in connection with COVID.  
   
   
2. (Stay at home in certain circumstances)  Without limiting clause 11 and 18, I agree to undertake a reasonable assessment of my health status before attending the Event and will not attend the Event if:
   1. I have experienced or exhibited any symptoms of COVID (including a fever or a temperature higher than 37.5 degrees, chills or sweats, cough, sore throat, shortness of breath, runny nose or loss of sense of smell) in the 14 days prior to, or on the day of the Event;
      
   2. I am required to be in quarantine or isolation; or 
      
   3. I have been in contact (or suspect I have been in contact) with someone diagnosed with COVID in the 14 days prior to, or on the day of the Event.  
3. (Refusal of entry and removal from Event)  Without limiting clause 11, 18 and 21, I acknowledge and agree that MDCF may refuse me entry to the Event or require me to leave any relevant venue or race area for the Event in any of the following circumstances:
   1. I refuse to comply with any COVID safety protocols or requirements notified to me by MDCF;
      
   2. I refuse to comply with any reasonable health and safety directions given by the Event Organisation;
      
   3. I refuse to provide contact tracing information to an Event Organisation on request;
      
   4. I am exhibiting symptoms of COVID described in clause 3bi, as notified to or as assessed by an Event Organisation;
      
   5. an Event Organisation believes there is a risk that I may have or be carrying COVID; or
      
   6. I am required to be in isolation as a result of COVID diagnosis or have been directed to be in quarantine because of close contact with a person with COVID.
      
   7. I accept that in any of the above circumstances, my Entry Fee will not be refunded unless required by law. 
      
      
4. (Assumption of COVID risk)  Without limiting clauses 5, 6, 7, 8 and 9, by participating in the Event, I acknowledge the contagious nature of COVID and voluntarily assume the risk that I may be exposed to or infected by COVID by participation in the Event or by my attendance at any relevant venue or race area for the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death.  I understand that the risk of becoming exposed to or infected by COVID at the Event or while present in any relevant venue or race area for the Event may result from the actions, omissions, or negligence of myself and others, including but not limited to the Event Organisations. I release and forever discharge the Event Organisations from any claim which I have or may have in respect of, or arising out of, being exposed to or being infected with COVID as a result of attending the Event or a venue or race area for the Event. 
   
   
5. (Compliance with safety protocols or requirements)  Without liming clauses 4 and 14, I agree to comply with any COVID related safety protocols or requirements notified to me by MDCF (including by way of signage at any relevant venue or race area) throughout the duration of the Event. Safety protocols and requirements may include:
   
   1. hand hygiene requirements;
      
   2. physical distancing requirements (including while queuing);
      
   3. staggered entry and exit times, including in relation to the start time of the Event;
      
   4. temperature checks;
      
   5. questions relating to COVID upon my arrival and in the lead up to the Event to ensure the safety of others;
      
   6. person limits for particular spaces and areas; or
      
   7. person density limits.
      
      I acknowledge that a failure to adhere to these protocols or requirements may lead to a breach of laws, regulations, government declarations and/or directions, for which significant penalties may apply.
      
      
6. (Notification of COVID symptoms)  I agree to notify MDCF immediately if I develop any symptoms of COVID described in clause 3bi within 14 days of attending the Event. Please contact us immediately via MDCCovidSafe@mothersdayclassic.com.au or call us on (03) 8677 3849.
   
   
7. (Collection of personal information for contact tracing purposes) Without limiting the Collection Statement in clause 17 of these terms and conditions, I acknowledge that MDCF may collect my personal information (including full name and phone number) for the purpose of contact tracing, including assisting governments or government bodies (including any health authorities) with any contact tracing in the event of an outbreak or potential exposure to someone with COVID at the Event.  While MDCF holds this contact tracing information, we will take all reasonable steps to keep it secure and free from unauthorised access or use.
   
   
8. (Use and disclosure of personal information to public health authorities)  Without limiting the Collection Statement in clause 17 of these terms and conditions, I acknowledge that MDCF may disclose my contact tracing information to health authorities or as otherwise required or authorised by law.  I acknowledge that MDCF may retain my contact tracing information for such period(s) as required by law (noting that some of my personal information used for contact tracing may also be used and retained by MDCF for other purposes associated with these Terms and Conditions).
   
   
9. (Updates in line with government changes) I acknowledge, agree, and understand that these terms and conditions, including this clause 3, may be updated from time-to-time in line with relevant state and federal government guidelines, public health directives and other government law, regulations or directions. 

4. Rules of participation

1. The Event rules, these terms and conditions and any other terms and conditions of entry comprise a contract between me and the Event Organisations which is necessary and reasonable for promoting and conducting the Event.
2. I acknowledge my application to enter the Event will be accepted upon notification to me by the Event Organisations and I acknowledge that I will be bound by and agree to comply with such rules, terms and conditions as may be imposed by the Event Organisations with respect to the conduct and management of the Event, including but not limited to these terms and conditions, competition rules and all relevant rules, regulations, policies and codes of conduct of the Event Organisations, as amended from time to time.  I agree that I will be subject to, and submit unreservedly to, the jurisdiction, procedures, penalties and any appeal mechanisms of the Event Organisations.  I agree to follow any rules and/or directions set by MDCF in connection with the Event and understand that if I fail to comply with any such rules or directions I will not be permitted to participate or to continue to participate in the Event and no refund will be given.

5. Risk warning

1. My participation in the recreational activities supplied by the Event Organisations is inherently dangerous and may involve risk.  There are risks specifically associated with participation in the recreational activities and accidents can and often do happen which may result in personal injury, death or property damage.  Prior to undertaking any such recreational activity, I should ensure I am aware of all of the risks involved, including those risks associated with any health condition I may have.
2. By agreeing to these terms and conditions, I acknowledge, agree, and understand that participation in the recreational services provided by the Event Organisations may involve risk. I agree and undertake any such risk voluntarily and at my own risk.  I acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation. 
   
   

6. Waiver 

1. It is possible for a supplier of recreational services or recreational activities to ask me to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to me (or a person for whom or on whose behalf I am acquiring the services or activities). 
2. By agreeing to these terms and conditions, I will be agreeing that my rights (or the rights of a person for whom or on whose behalf I am acquiring the services) to sue the supplier in relation to recreational services or recreational activities that I undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.

7. For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies: 

By agreeing to these terms and conditions, I agree that the liability of the Event Organisations in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any: 

1. death; 
2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); 
3. the contraction, aggravation or acceleration of a disease; 
4. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: 
1. that is or may be harmful or disadvantageous to me or the community; or
2. that may result in harm or disadvantage to me or the community, that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) resulting from the supply of recreational services or recreational activities; 
   
   is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.

8. For recreational services to which the Australian Consumer Law (Victoria) applies: 

1. 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, the Event Organisations, are required to ensure that the recreational services it supplies to me: 

1. are rendered with due care and skill; and

2. are reasonably fit for any purpose which I either expressly or by implication, make known to the supplier; and

3. might reasonably be expected to achieve any result I have made known to the supplier. 

2. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier is entitled to ask me to agree that these conditions do not apply to me.  If I sign this form, I will be agreeing that my rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if I am killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.  

3. Note: The change to my rights, as set out in this form, does not apply if my 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 (Vic) and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic).

4. Exclusion of rights under the Australian Consumer Law (Victoria): By agreeing to these terms and conditions, I agree that the liability of the Event Organisations for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012) that may be suffered by me (or a person from whom or on whose behalf I am acquiring the services) resulting from the supply of recreational services is excluded.

9. Release and indemnity 

1. In consideration of the relevant Event Organisations accepting my entry into the Event, to the extent permitted by law, I:
   1. arising as a result of or in connection with my membership or my participation in the Event; or
   2. against any Event Organisation in respect of any injury, loss or damage arising out of or in connection with my failure to comply with the Event Organisations’ rules and/or directions,
1. release and will release the Event Organisations from all Claims that I may have or may have had but for this release arising from or in connection with my membership or participation in the Event; and
2. release and indemnify the Event Organisations against any Claim which may be made by me or on me behalf for or in respect of or arising out of my death whether caused by the negligence or breach of contract by any Event Organisation or in any other manner whatsoever; and
3. indemnify and will keep indemnified the Event Organisations to the extent permitted by law in respect of any Claim by any person:
2. save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of an Event Organisation.

10. Bar to proceedings

1. I acknowledge that the Event Organisations may plead this contract as a bar to proceedings now or in the future commenced by or on my behalf or by any person claiming through me.  Where I commence proceedings against any Event Organisation, I:
1. will commence those proceedings in the courts of the jurisdiction in which any incident occurs;
2. waive any right to object to the exercise of such jurisdiction;
3. will, where I seek to commence proceedings in another jurisdiction from where any incident occurs, consent (if required by any Event Organisation) to move those proceedings to the jurisdiction in which any incident occurs including consenting to any application made by any Event Organisation to remove the proceedings to the jurisdiction in which any incident occurs;
4. will pay the costs of any application made by any Event Organisation under clause 10.a.iii and will consent to any application for security of costs made at any time by any Event Organisation; and 
5. consent to paying any Event Organisations' legal defence costs of the proceedings (on a solicitor client basis) where any Event Organisation successfully defends the proceedings.  

11. Disclosure of medical conditions 

1. I warrant that prior to participating in the Event I: 
1. am and must continue to be medically and physically fit and able to undertake and participate in the Event; 
2. am not a danger to myself or to the health and safety of others;
3. have not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells; and 
4. am not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for me to take part in a walk/run including participating in the Event.
2. I acknowledge that I must, and I agree that I will, disclose any pre-existing medical or other condition that may affect the risk that either I or any other person will suffer injury, loss or damage.  I acknowledge that Event Organisations rely on information provided by me and that all such information is accurate and complete. I will report any accidents, injuries, loss or damage I suffer during the Event to the relevant Event Organisations before I leave any relevant venue or race area.
3. I acknowledge that I will provide an emergency contact name and phone number when requested by MDCF or its authorised representatives and agree that MDCF or their authorised representatives may contact that person and exchange my personal information with them in case of an emergency.

12. Consent to medical treatment

If I suffer any injury or illness, I agree that the Event Organiser may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment. I agree to reimburse the relevant Event Organisation for any costs or expenses incurred in providing me with medical treatment.

13. Exclusion of applicant

I warrant that I have not at any time been excluded from Walk/Run Activities by a medical practitioner or any person or entity including but not limited to MDCF.  I acknowledge and agree that the Event Organisations may demand a medical certificate or opinion as to my fitness from a qualified medical practitioner PRIOR to my undertaking any Walk/Run Activities.

14. Safety

I understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during my involvement in the Event, and I accept full responsibility for any injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance. I agree to follow any rules set by any Event Organisation in connection with the Event. If I fail to comply with the rules and/or directions of any relevant Event Organisation, I will not be permitted to participate or to continue to participate in the Event and no refund will be given.

15. Prevailing conditions and cancellation

1. I acknowledge and agree that: 
1. the Event can and may be affected by the weather, acts of God, an act of government, epidemic and other events beyond the control of an Event Organisation which may change without warning; and
2. there is often an element of the "luck of the prevailing conditions" when undertaking the Event over which the Event Organisations have no control. 
2. I acknowledge and agree that:
1. in the event of extreme weather conditions, acts of God, an act of government, epidemic or other event beyond the control of an Event Organisation; or
2. to avoid risks to the health and safety of other participants and other persons associated with the Event,

the Event Organisations reserve the right to alter the format of, shorten, postpone or cancel the Event. In such circumstances and subject to any non-excludable rights which the participant may have under the Australian Consumer Law, no refund of Entry Fees or other amount, fundraising monies or transfer of registration to another event will be made. Due to the scale of the Event, the Event may not be re-scheduled to any other date.  Event cancellations will be notified to relevant participants via the email used in registration and via the Mother’s Day Classic National Facebook page.

16. Right to use image

1. I acknowledge and consent to photographs and electronic images being taken of me during my participation in the Event.  I acknowledge and agree that such photographs and electronic images are owned by the Event Organisations and that the Event Organisations may use the photographs for promotional or other purposes without my further consent being necessary.  
2. I acknowledge and consent to the Event Organisations publishing and/or using my name, challenge result, image, voice, statement or otherwise, including the publication of my name and/or Event result in any broadcast, telecast, advertising, promotion or other account of this Event, in any form of media and social media whatsoever including advertising and promotions for future MDCF events, or for any legitimate purpose without payment or compensation.
3. I accept that any content (including photos, videos and comments) that I post to MDCF’s digital platforms (including. Facebook, Instagram, and MDCF’s website) is my responsibility, and I must ensure that I have the necessary rights to post that content (e.g. by obtaining permission of copyright owners if necessary or by obtaining permission to use personal information of third parties).  I acknowledge and agree that by posting any content on MDCF’s digital platforms I consent and grant to MDCF a non-exclusive, transferable, perpetual, royalty-free worldwide right and licence to use and reproduce that content.
   
   

17. Privacy

1. I understand that the personal information I have provided in this Event entry is necessary for the conduct and management of the Event and other related activities (including fundraising and sponsor activity), and that it is collected in accordance with MDCF's Privacy Policy (available from www.mothersdayclassic.com.au/privacy) or the Event Organiser's Privacy Policy.  I acknowledge that Event Organisations may use or disclose my personal information for the purposes of conducting and administering Walk/Run Activities, fundraising for MDCF, providing me with information or promotional material about the Event, future events organised by the Event Organisers or offers from sponsors of the Event, or otherwise in accordance MDCF 's Privacy Policy.  The Event Organiser or MDCF may share my information with third parties such as affiliates and other organisations involved in the Event or Walk/Run Activities or other related activities in Australia; companies engaged by MDCF to carry out functions and activities on MDCF's behalf including direct marketing and fundraising; MDCF's professional advisers, including MDCF's accountants, auditors and lawyers and MDCF's insurers; however my information is not generally disclosed to anyone outside Australia. 
2. I understand that the MDCF Privacy Policy contains information about how I may access and request correction of my personal information held by MDCF or make a complaint about the handling of my personal information, and provides information about how a complaint will be dealt with by MDCF. I acknowledge that my Event entry application may be rejected if the information is not provided. If I do not wish to receive promotional material from MDCF sponsors and third parties I must advise MDCF in writing or via the opt-out procedures provided in the relevant communication.  It is my responsibility to read and understand the Privacy Policy of the Event Organiser (if any).  I understand that if I have any concern or complaint about the way the Event Organiser handles my personal information, I must contact the Event Organiser.

18. Refunds

I acknowledge and agree that, subject to the Competition and Consumer Act 2010 and any other applicable law: 

1. MDCF is under no obligation to refund any Entry Fees or other amount paid by me or any other person in connection with my participation in the Event, including in circumstances where I change my mind regarding my participation in the Event, fail to participate in the Event, am dissatisfied by my participation in the Event, or the Event is rescheduled; and
2. any refund of any Entry Fees or other amount shall be at MDCF’s sole discretion. 

19. Non transferable

Entries are non-transferable to other events or to other people.  Any attempt to transfer my entry to another person without the knowledge of the Event Organisation may result in the cancellation of my entry without refund and I may not be permitted to participate in further Walk/Run Activities or events.  

20. Fundraising

I give permission to MDCF to have my name and my team name displayed on the MDC Fundraising Leader Board.  Without limiting clause 19, I agree to having my personal details passed on to a third party fundraising platform (and other third parties affiliated with the MDCF) during the registration process, for the purpose of fundraising.  All fundraising for the MDCF is conducted on the basis of the MDCF’s authority to fundraise. I agree to be bound by the relevant state or territory (on international, as relevant) fundraising legislation and to abide by the MDCF Fundraising Guidelines available via the following link  https://www.mothersdayclassic.com.au/wp-content/uploads/2019/11/Fundraising-guidelines.pdf . I acknowledge that MDCF may at any time and without need to give reasons, withdraw my authority to fundraise by notification in writing. In this situation, I agree to cease all fundraising immediately and remit all fundraising monies to MDCF within seven days. MDCF will not issue refunds to donors where the participant they have sponsored has withdrawn from the event for any reason or if the event is cancelled. If I withdraw from the event for any reason, I acknowledge that I am obliged by law to, and will, forward any off-line funds raised to MDCF within seven days of withdrawing from the event.  I agree that all cash donations received in person must be 'paid in' through the individual or team on-line fundraising platform within two weeks of having received them and no later than midnight 30 June 2021.

21. Removal from Event

Without limiting clause 3.c, 11 and 18, I acknowledge and agree that MDCF may refuse me entry to the Event or require me to leave any relevant venue or race area for the Event in any of the following circumstances:

1. if, in the opinion of MDCF, my behaviour is inappropriate, offensive, or abusive;
2. to prevent damage to any property;
3. on medical or health and safety grounds (including to prevent possible harm or injury to myself or any other person); and/or
4. to prevent or arrest any form of unauthorised marketing, including ambush marketing.  

I accept that in any of the above circumstances, my Entry Fee will not be refunded unless required by law.

22. Entire agreement

This agreement (and the documents to which it refers) constitutes the entire agreement between the parties in respect of the Event and supersedes all other agreements, understandings, representations and negotiations in relation to the Event.  To the extent that any clause of this agreement is void or unenforceable it is severable and does not affect the remaining provisions of the agreement.

23. Governing law

The governing law of this agreement is the law of the state of Victoria (‘Jurisdiction’).  I irrevocably and unconditionally consent and submit to the jurisdiction of the courts of the Jurisdiction in which any incident occurs and waive any right to object to the exercise of such Jurisdiction.

PLEASE NOTE THE FOLLOWING:

If the Competition and Consumer Act 2010 or similar State laws operate so as to prevent the exclusion, restriction or modification of warranties otherwise implied by those laws then the liability of the relevant Event Organisation for breach of warranties is limited to the:

(i) re-supply of Walk/Run Activities and related activities; or

(ii) payment of the cost of having the Walk/Run Activities or related activities supplied again.

DECLARATION

In order to proceed, I must have read and agreed to the terms and conditions of entry.  By checking the box, I declare that I have read, understood, acknowledge and agree to the terms and conditions of entry including the exclusion of implied terms, warning, assumption of risk, release and indemnity.  I agree that if my application is accepted, I will be bound by these terms and conditions.

1. Definitions: In this document:
   1. COVID: means the pandemic and/or public health emergency arising from the virus and respiratory illness known as the Novel Coronavirus 2019 and any mutation or variation of that virus or illness.
   2. Event:means the 2021 Mother’s Day Classic, taking place on Sunday 9 May 2021.
   3. Event Organisers: means and includes the Event Owner, Mother’s Day Classic Foundation staff, state committee members, event managers and volunteer local hosts contracted by Mother’s Day Classic Foundation for the event location.
   4. Event Owner: means Mother’s Day Classic Foundation Ltd ATF Mother’s Day Classic Foundation ABN 16 179 157 565.
      
      
2. Volunteer agreement: By signing or agreeing to these Volunteer Terms and Conditions and in exchange for the training and other benefits the Event Owner and Event Organiser will provide to the volunteer, the volunteer agrees to volunteer their services for the Event Owner and Event Organiser at the Event on the terms set out in this document.
   
   
3. Minimum age: Volunteers must be 16 years of age or older on 9 May 2021 to volunteer. If a volunteer is under 18 years of age, a parent or guardian must read and accept the Volunteer Application Form and these Volunteer Terms and Conditions on their behalf. On the day of the Event, any volunteer who is under the age of 18 must be accompanied by someone over the age of 18.
   
   
4. Application Form: The volunteer must complete the official online Volunteer Application Form. An application is not approved until the Event Organiser provides written confirmation to the applicant, which can be electronic.
   
   
5. Applications, acceptance and availability: The Event Organiser has the sole discretion in accepting or rejecting applications for volunteers, and this discretion may be exercised on any basis, including where the required number of volunteers has been reached. The decision of the Event Organiser in accepting or rejecting an applicant is final and no correspondence will be entered in to.  
   
   
6. Required training: Each volunteer is required to attend information or training sessions, online or in person, conducted by the Event Owner or Event Organiser prior to the Event and on the day of the Event if deemed necessary to perform their role. Dates and details of these information training sessions will be provided to the volunteer at least one week in advance.
   
   
7. Performing your role: Each volunteer must act in accordance with the role description assigned to them and in accordance with any directions given to them by the Event Owner or Event Organiser.
   
   
8. Volunteer conduct: Each volunteer must act in good faith, to the best of their abilities, in the spirit of the Event and in a proper, appropriate and professional manner with all due skill, care and diligence.  This includes (without limitation):
   1. upholding the good reputation of the Event (and the Event Organiser and Event Owner);
   2. complying with any COVID safety protocols or requirements notified by the Event Owner or Event Organiser;
   3. having no alcohol or drugs present in their system (including a blood alcohol concentration of 0.00); and
   4. not acting offensively, aggressively, in breach of any laws or in a way that is otherwise inappropriate.Volunteers must also follow all instructions from the Event Owner or Event Organiser.  If the Event Owner or Event Organiser considers that a volunteer breaches this clause, they may direct the volunteer to cease all involvement with the Event immediately and the volunteer must comply.
      
      
9. Stay at home in certain circumstances:  Each volunteer agrees to undertake a reasonable assessment of their health status before attending the Event and will not attend the Event if:
   1. the volunteer has experienced or exhibited any symptoms of COVID (including a fever or a temperature higher than 37.5 degrees, chills or sweats, cough, sore throat, shortness of breath, runny nose or loss of sense of smell) in the 14 days prior to, or on the day of the Event;
   2. the volunteer is required to be in quarantine or isolation; or
   3. the volunteer has been in contact (or suspects to have been in contact) with someone diagnosed with COVID in the 14 days prior to, or on the day of the Event.
      
      
10. Notification of COVID symptoms:  Each volunteer agree to notify the Event Owner immediately if any of the circumstances described in clause 9.a), 9.b) or 9.c) arise. Please contact us immediately via MDCCovidSafe@mothersdayclassic.com.au or call us on (03) 8677 3849.
    
    
11. Health and safety: Each volunteer must be safe and responsible at all times and must comply with all safety policies, procedures and directions notified by the Event Owner or the Event Organiser. Each volunteer recognises the difficulties of the Event and attests that they are physically fit to volunteer in the Event and that they have not been advised otherwise by a qualified medical practitioner. Each volunteer warrants that the medical information that they have included on the Volunteer Application Form is accurate and that if they become aware of any medical condition or impairment that will be detrimental to their health if they volunteer in the Event, or are otherwise sick or injured prior to the Event, they will notify the Event Organiser.
    
    
12. Emergency treatment: Each volunteer consents to receive medical treatment that may be deemed advisable in the event of injury, illness, accident and/or illness during the Event.
    
    
13. Volunteer risks:  Each volunteer acknowledges that volunteering in the Event may involve a real risk of serious injury or even death from various causes including the exposure to or infection by COVID, over exertion, dehydration, and accidents with other volunteers, participants, spectators or road users. 
    
    
14. Release and indemnity: Each volunteer acknowledges that (to the extent permitted by law) they volunteer in the Event at their own risk, and in consideration of and as a condition of acceptance of their application to be a volunteer in the Event he or she agrees:
    1. to release (to the extent permitted by law) the Event Owner, the Event Organiser, the Event sponsors and each of their agents, affiliates, employees, members, promoters and all participants in the Event and any other person or body directly or indirectly associated with the Event (“those indemnified”) from all and any claims, demands or proceedings arising out of or in connection with:
       1. his or her performance of tasks (or failure to perform tasks or to perform tasks adequately) as a volunteer in the Event; or
       2. being exposed to or being infected with COVID as a result of volunteering in the Event or attending a venue or race area for the Event; and
    2. to indemnify those indemnified and to keep them indemnified against all liability for all injury, loss or damage arising out of or in connection with:
       1. his or her performance of tasks (or failure to perform tasks or to perform tasks adequately) as a volunteer in the Event; or
       2. being exposed to or being infected with COVID as a result of volunteering in the Event or attending a venue or race area for the Event,
          
          to the extent that:
    3. the volunteer acted other than in good faith;
    4. the volunteer knew, or ought reasonably to have known, that at the relevant time he or she was acting:
       1. outside the scope of the work organised by the Event Organiser or the Event Owner; or
       2. contrary to any instructions given by the Event Organiser or the Event Owner; or
    5. the volunteer's ability to act in a proper manner was, at the relevant time, impaired by alcohol or drugs.
       
       This release and indemnity continues forever and binds each volunteer’s heirs, successors, executors, administrators, personal representatives and assigns.
       
       
15. Images/content: Each volunteer consents to the publication and/or use in any form of media whatsoever of their name, image, statements or persona in any context pertaining to the Event or otherwise during or after the Event whether for advertising, promotions or otherwise for no fee or remuneration.
    
    
16. Information and privacy: The information provided by volunteers is being collected by the Event Owner and will be used for Event administration and volunteer co-ordination by the Event Organiser and Event Owner, including for communicating with volunteers about the Event. Each volunteer’s contact details will also be included in the Event volunteer database. Each volunteer can seek access to personal information the Event Owner holds about them. A copy of the Event Owner’s privacy policy can be viewed via the website - https://www.mothersdayclassic.com.au/privacy/. Each volunteer can seek access to the personal information the Event Organiser holds about them by contacting administration@mothersdayclassic.com.au. If you choose not to provide information, the Event Owner and Event Organiser may not be able to provide you with information and services in relation to the Event and your volunteer role.  The privacy policies of the Event Owner set out above contain information regarding how you may access and correct the personal information that they hold about you, and how you can complain about how they collect or use that personal information.
    
    
17. Information and privacy - COVID:  Without limiting the Collection Statement in clause 16 of these Terms and Conditions, each volunteer acknowledges that the Event Owner may:
    1. collect their personal information (including full name and phone number) for the purpose of contact tracing, including assisting governments or government bodies (including any health authorities) with any contact tracing in the event of an outbreak or potential exposure to someone with COVID at the Event. While the Event Owner holds this contact tracing information, it will take all reasonable steps to keep it secure and free from unauthorised access or use.
    2. disclose their contact tracing information to health authorities or as otherwise required or authorised by law. Each volunteer acknowledges that the Event Owner may retain their contact tracing information for such period(s) as required by law (noting that some of my personal information used for contact tracing may also be used and retained by the Event Owner for other purposes associated with these Terms and Conditions)
       
       
18. Insurance: Volunteers will be covered by the Event Owners - Voluntary Workers policy. The terms of this policy are available on request and each volunteer understands that their ability to make a claim under the policy is subject to their compliance with the terms of the policy.
    
    
19. Independent contractors: Each volunteer expressly understands that their relationship with the Event Owner and Event Organiser is at all times as a volunteer and not otherwise.
    
    
20. Variation: The Event Owner and Event Organiser reserves the right to issue instructions to volunteers orally, in writing or otherwise, or update these Terms and Conditions up to and on the date of the Event, including in response to any state and federal government guidelines, public health directives and other government law, regulations or directions.  Written instructions will be shared via email prior to the event which volunteers must review from time to time.
    
    
21. Cancellation of Event:  Each volunteer acknowledge and agree that the Event Owner and/or the Event Organiser may reschedule, relocate, alter the format or change the nature of the Event if it is not able to, it is impracticable to or it is not safe to hold the Event directly or indirectly because of COVID or a law, regulation, government declaration and/or direction in connection with COVID.