Terms and Conditions – PUB Green Run
(‘I’ or the ‘Participant’) understand that by ticking the acknowledgement box registering for the PUB Green Run organised by Groundswell Pty Ltd (the ‘Organiser’), that I am legally agreeing to the statements set out in these terms and conditions (the ‘Agreement and Waiver’), and that these statements are being accepted and relied upon by the Organiser and any related entities, subsidiaries, insurers, advisors, employees, directors, sub-contractors, commercial partners (including, without limitation, official sponsors and/or official suppliers), any governmental body and/or municipal agencies and all other persons that assist in the delivery of, or sponsor the Event (together the ‘Released Parties’).
I am the Participant and am over the age of 18; or I am the parent/legal guardian of a minor under 18 years or an incapacitated adult who will be the Participant and agree to this Agreement and Waiver on their behalf.
- The PUB Green Run is a self supported, virtual running race in Singapore (the ‘Event).
- The Event is organized by the Organiser specifically through the delivery of GPS location and audio directive services via a designated app (the ‘App’). For the avoidance of doubt, nothing through the sponsorship of the Event by any governmental body and/or municipal agency shall be construed as them being the organiser or organizing the Event.
- The Organiser is responsible for all Event details such as the Event Period, category distances, race rules, time recording and reserves the right to amend any details in the interests of the Event generally and of the participants as a whole. Event details and any updates will be included on the official website at www.greenrun.com.sg.
- The participants will complete the Event anytime between 18th September – 31 October 2021 (‘Event Period’) unless all or part of the Event Period is extended or rescheduled to a later date.
- Participants will only be considered to have completed the Event, be provided with a finish time, finish medal and a category placing should they use the PUB Green Run App to record their run. The Organiser reserves the right to substantiate and/or verify the Participant’s activity through means it deems reasonable.
- All decisions and rulings by the Organiser relating to the Event are considered final and the Participants acknowledge that the Organiser has sole authority and is the final arbiter on all decisions relating to the safety running and organisation of the Event, timings and placings.
- The Event is a race and the Organiser will use best endeavours to provide Event finishing times and placings, however will not be held responsible for any result anomalies or technical malfunctions of the Event App.
Representations and Assumption of Risk
8. I am familiar with the nature of the Event and I understand that, despite the Organiser taking all reasonable precautions, damage and/or injury may occur. I accept these risks and take part in the Event at my own risk.
9. I agree that it is a requirement of my participation to complete the Event during the Designated Event Period and that if I miss the assigned start time that I will not be allowed to participate and will be automatically disqualified from the Event. Furthermore, Participants who start before the designated start time will be disqualified.
10. I acknowledge that I shall be responsible for my selection of running location and that I will be participating and completing the Event requirements around a route of my choosing. I acknowledge that it is solely my responsibility to select a location that is safe and legal for participation of this type of Event activity.
11. Given the nature of the Event and it being conducted over an Event window the Organiser is not able to manage or guard against variable weather conditions. I acknowledge that it is solely my responsibility to assess the safety of the weather conditions for the run. I understand the risks associated with participating in inclement weather and assume all responsibility for any injury as a result of participation in such conditions.
12. The Organiser recommends that all participants engage in effective training and preparation for the Event. If I have any health issues or concerns as to my preparedness to participate in the Event then I will seek medical advice prior to participating.
13. I acknowledge that I have trained for the Event and am a competent runner/walker that is capable of completing a 10km distance (or 3km if you are participating in that category) in a tropical climate. I warrant that to the best of my information, knowledge and belief, I am competent to take part in the Event, I am in good physical and mental health, I do not suffer from, and have no history of, any medical condition that could impair my ability to take part in the Event (including, by way of example and without limitation, eyesight, heart condition, epilepsy, fits, recurrent blackouts or fainting spells).
14. I further state that I will not participate under the influence of alcohol or drugs and that I will not take any drugs (whether prescribed or otherwise) that may impair my ability to take part in the Event.
15. I agree to comply with all public health orders, including but not limited to any restrictions or regulations relating to Covid-19 and agree to comply with any public health and/or safety directions from the Organiser, ambassadors, police, Government or health authorities.
16. I acknowledge there will be no physical event infrastructure in place such as a medical, mechanical, or nutritional support stations and that I will be responsible for my own nutrition, hydration supplies and safety along my chosen route.
17. In the event of feeling physically or mentally unwell or suffering an injury of any description during the course of the Event, I will immediately cease the Event (as and when safe to do so). I accept full responsibility for any injury incurred during my participation in the Event.
18. I acknowledge that personal injury and personal item insurance is my sole responsibility. Personal injury or material damage insurance is not provided by the Organiser and not included in the registration fee.
19. I acknowledge to hold harmless any governmental bodies and/or municipal agencies in connection with or arising from their sponsorship of the Event.
Waiver and Release
20. I hereby irrevocably release, waive, discharge and promise not to sue the Released Parties, to the maximum extent permitted by law, for any and all claims, liability, injury, death, losses or damages to my person or property arising from, attributable to or in connection with me being a Participant and/or otherwise in connection with the Event and/or arising from or in connection with the sponsorship of the Event by any governmental body and/or municipal agency howsoever caused.
21. I understand and agree that this waiver and release covers, to the maximum extent permitted by law, without limitation:
a) all damages for personal injuries, mental distress, wrongful death, loss of consortium, loss of wages, loss of earning power or capacity, income or other pecuniary loss, medical and hospital bills, any other related expense or cost, and any and all property damages;
b) all such injuries and damages, however caused, even if I claim or contend they were caused in whole or in part by the operation of, instructions from or any conditions imposed by the Organiser; and
c) all such injuries and damages, howsoever caused, in relation to or arising from the course of the sponsorship of the Event by any governmental body and/or municipal agency.
22. This release and waiver is intended to be as broad and inclusive as permitted by law, and if any portion is held to be invalid, illegal or unenforceable under applicable law, I agree that such provision shall be interpreted or amended to the limited extent necessary to make such provision enforceable and to give effect to the intent of the Released Parties.
23. I also agree to indemnify, defend and hold harmless each Released Party from:
a) any and all claims, damages, liabilities, losses, fees and costs incurred in connection with any breach of this Agreement and Waiver;
b) any third party claims or threats of claims asserted arising from, related to or in connection with my being a participant in the Event including without limitation claims made by another Participant or any member of the public for personal injury or damage to property which are brought as a result of my participation in the Event;
c) any claims or proceedings for personal injury, death or property loss brought by me or any of my personal or legal representatives, executors, administrators, successors and heirs arising from, related to or in connection with my being a Participant in the Event.
Cancellation and Refunds
24. I hereby agree that registrations are strictly non-refundable and non-transferable.
25. I acknowledge that in reliance on the entry fees paid by the Participant to the Organiser, the Organiser will have incurred substantial cost and expenses in the organisation of the Event. In the event of a cancellation in whole or in part of the Event due to conditions beyond the control of the Organiser including but not limited to storm, rain, inclement weather, air pollution (haze), winds, floods, act of God, terrorism, pandemic (including Covid-19), Government order, health authority directive, or other conditions, the Participant’s entry fees shall be non-refundable.
26. This Agreement and Waiver is binding upon and enforceable against me as well as my estate, personal representatives, legal representatives, executors, guardians, conservators, heirs, executors, administrators, next of kin and assigns and shall inure to the benefit of the Released Parties.
27. The Organiser reserves the right to use, without payment or compensation, any photographs (including those of Participants), motion picture, recordings, or any other media records of the Event for any legitimate purpose, including commercial advertising. Each participant expressly waives all intellectual property rights which the participant may acquire or have under the law (and any subsequent enactment or amendments thereto) relating to the said recordings and any other similar or moral rights which the participant may have or be entitled to under the law.
28. I agree to the Organiser using my personal details for future marketing and promotional purposes. The Organiser shall take all necessary steps to ensure that personal data and details of the Participant shall not be used or reproduced in whole or in part except for the purposes set out herein.
29. The Organiser primarily uses email to communicate and by registering for the Event I agree to receiving Event specific emails, updates and newsletters. I acknowledge it is my responsibility to ensure I provide a correct email address and that I manage my email settings to ensure Organiser emails are not filtered as spam or received in junk mail. Organiser is responsible for ensuring emails are sent to the provided address though they are not responsible for any emails that the Participant does not read or receive for any reason beyond the Organiser’s control.
30. By entering to participate in the Event, I give permission to the Organiser to:
a) use, collect, analyse and collate any personal information relating to the Participant, as the Organiser may in their sole discretion deem fit, including without any limitation information for the Organisers’ planning, data-processing, statistical or risk-analysis, research, and/or any other administration in the organisation of the Event; and
b) provide my name and contact details to third parties where it is necessary for the delivery of any Event ancillary services or related products such as for logistics companies in delivering merchandise and/or to charity partners for donation receipting.
31. I agree that the laws of Singapore will apply to all matters relating to this Agreement and Waiver. I irrevocably consent that exclusive jurisdiction for any dispute relating to the Event shall be in the courts of Singapore.