Arc@UNSW Event TERMS & CONDITIONS
These Terms & Conditions (“Terms”) govern your participation in, and attendance at, this Arc Event (the “Event”). You are responsible for reviewing these Terms before registering for this Event. By clicking “I agree,” You confirm that You understand, agree to, and accept all Terms listed here.
This Event is run by Arc @ UNSW Ltd. (‘Arc’), a not-for-profit organisation in the State of New South Wales.
Important: If You are under 18, a parent/guardian MUST agree to the following on Your behalf (and these Terms and Conditions will be binding on both).
1) GENERAL
a) You warrant that you are over the age of 18, are legally entitled to accept these Terms, and create legally binding obligations for any liability You may incur.
b) Arc may require You (or Your legal guardian) to sign a separate Risk Warning & Waiver of Liability form, which releases Arc from any liability or responsibility for Your health & safety; or for any loss or damage to property; or any third party’s property or persons, howsoever or when caused.
c) Arc shall not be responsible for or deemed to be in default by reason of delays in or failure to provide the Eventdue to causes beyond its reasonable control e.g. strikes, riots, fires, floods, explosions, natural disasters, serious accidents, acts of government, acts of God or the public enemy, failure of transportation, epidemics, or quarantine restrictions.
d) Arc may engage third party service providers to deliver the Event, including venues, ground transport operators, accommodation providers, caterers, activity organisers, and other goods and services connected with the Event. You understand that Arc does not own, operate or control any of these service providers, accepts no liability for the provision of such services, and makes no warranty as to their quality and standard.
e) Any information provided by Arc about the Event is given in good faith and is based on information available at the time. Where information is provided by a third party, Arc makes no warranties as to its accuracy.
f) The Event may visit public venues under conditions beyond Arc’s control, and some activities may take place at remote locations without immediate medical assistance available, or where communication, transportation or evacuation may be subject to delay.
2) PAYMENTS, CANCELLATIONS & REFUNDS
a) Once accepted into the Event, You are required to pay to Arc a fee to participate to cover costs that Arc may incur on your behalf. The payment of fees or part thereof (including deposit) is confirmation of Your intention to participate in the Event.
b) You understand and agree that should You need to cancel Your participation (or should Your registration be terminated in accordance with these Terms), no refund will be given where any part of Your payment has been used to make non-refundable reservations.
c) If You wish to cancel Your placement in the Event, You must inform Arc in writing as soon as possible.
d) You acknowledge that the Event is subject to a range of circumstances and conditions that may not meet Your expectations and that Arc has no reasonable control over. Accordingly, Arc is under no obligation to refund any part of the costs paid by You if You are not satisfied with any aspect of the Event irrespective of the reason.
3) PARTICIPANT OBLIGATIONS
a) Final acceptance into the Event is contingent on Arc receiving all compulsory payments and Your timely compliance with any additional requirements as communicated by Arc. Such requirements may include submitting participant forms (for example, a signed Risk Warning & Waiver of Liability form), and/or attendance at inductions and information sessions. Failure to comply with such requirements may result in Your deregistration/removal from the Event, and any money paid by You will only be refunded as per Clause 2(b).
b) You have a duty to exercise good judgment and act in a responsible manner while attending the Event. You are expected to follow all rules and regulations, safety instructions and reasonable directions given by Arc staff, volunteers, authorised representatives and any third party service providers which may be involved in delivering the Event.
c) Under no circumstances are You allowed to bring alcohol and/or illegal or prohibited drugs to the Event. Only alcohol provided by licensed venues and consumed in designated drinking areas is permitted.
d) You will be required to replace any property that is lost or damaged through Your careless or otherwise negligent behaviour.
e) You are solely responsible for Your personal belongings and equipment during the Event, and Arc cannot be held liable for any loss or damage of Your personal belongings.
f) You must inform Arc of any medication requirements, allergies and any other physical or mental condition or limitation that might disable or render You unfit or unable to safely participate in the Event. Arc will rely on the absence of any relevant disclosure as evidence of Your fitness and ability to participate. You understand You may be excluded or removed from the Event should Arc become aware of any relevant non-disclosure.
g) You warrant that all information provided to Arc is truthful and accurate, and You agree to hold Arc free from all liability for any consequences caused by You providing misleading or wrong information.
h) You authorise Arc to contact your provided emergency contact in case of an emergency.
i) It is Your responsibility to take out an appropriate level of travel insurance cover to protect against any additional loss or damage that may not be covered under Arc’s insurance. If You do not elect to arrange additional insurance cover, You do so at Your own risk.
4) ASSUMPTION OF RISK AND WAIVER OF LIABILITY
a) Participation in the Event is voluntary, and You expressly assume any and all risks (whether inherent or not, and whether listed or not) associated with the Event activities which may lead to loss, injury, disability or death.
b) You understand that participation in the Event may involve the following risks, including but not limited to sickness, slipping, falling, allergic reactions, unaccustomed physical exertion, changes in weather conditions, inadequate supervision, travel on public or unsealed roads, failure in vehicles, equipment and facilities, collisions with natural and man-made objects, variations in terrain, the actions of other individuals and wildlife, and other events outside Arc’s control.
c) You, your heirs, executors, administrators, successors, and/or assigns agree to:
i) Release Arc, its agents and employees from any and all liability, claims and demands of whatever kind or nature, either in law or in equity, with respect to any bodily injury, personal injury, illness, death, financial loss, or property damage resulting from Your participation in the Event.
ii) Defend, indemnify and keep indemnified Arc, its agents and employees from any and all liabilities incurred in respect of any claim or cause of action (including negligence), including legal fees and expenses of litigation, on account of any personal injury, death, loss of health, financial loss, damage to property or any other loss or damage caused or contributed to by You.
d) Your registration for this Event is taken to be an “Assumption of Risk and a Waiver of Liability.” You expressly accept these risks and release Arc from liability for any property loss, personal physical or mental injury, or death caused by or during the Event.
5) TERMINATION BY ARC @ UNSW LTD.
a) Arc reserves the right to decline to accept You as a participant, or to require You to withdraw at any time, where such action is determined by the appropriate Arc staff member to be in the best interests of the health, safety, and general welfare of the Event, other participants or You.
b) Gross misconduct, use of illegal drugs, failure to disclose a serious health concern and/or dangerous or offensive behaviour may result in immediate removal from this Event (and may also result in Your suspension from any future Arc events) at Your own cost and with no right of refund or appeal.
c) Arc may, in its sole discretion, decide that a breach of 5(b) also warrants further action under the Arc Membership Terms & Conditions.
6) PHOTOGRAPHIC RELEASE - ALWAYS INCLUDE
a) By participating in this Event, You agree to being filmed or photographed which may be used for marketing or promotional purposes.
b) Arc reserves the right to use Your likeness in any photographs, video or audio recordings provided to Arc or taken by Arc, during or after the Event, for any legitimate purpose without further approval from You.
c) You agree to release Arc from any and all claims and demands arising out of or in connection with the use of your likeness, including but not limited to, claims for invasion of privacy, defamation, or financial compensation.
d) Arc will not identify You by name unless specifically authorised to do so.
7) OTHER
a) These Terms (which include the signed Risk Warning & Waiver of Liability form where it is separately required by Arc) are intended to be as broad and inclusive as permitted by the laws of New South Wales, and shall be governed by and interpreted in accordance with the laws of New South Wales. In the event that term is held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions which shall continue to be enforceable.
