Terms and Conditions

PAN PACIFIC MASTERS GAMES PARTICIPATION TERMS

The completed entry, volunteer or media accreditation form (Form) and these terms (including any incorporated terms) form a legally binding contract (Agreement) between the person named on the Form (you) and Gold Coast Events Management Limited ABN 30 087 348 329 of 105 Upton Street Bundall Qld 4217 (EMQ). By submitting the Form, you agree to the terms of this Agreement.

EMQ is the owner and organiser of Pan Pacific Masters Games to be staged on the Gold Coast in November 2024 (Games). You have chosen to compete, participate or officiate in the Games or a sports competition within the Games (Competition) that is managed separately by a local sports entity (Sport Provider). A reference in this Agreement to participation includes participation by way of competing, supporting, umpiring or officiating, or managing a team or athlete, or attending to cover the Games as a media representative. A reference in this Agreement to Venue includes a venue, facilities, centre or field of play relating to the Games, a Competition, check-in, entertainment or otherwise under the control or direction of EMQ.

By agreeing to the terms and conditions, you certify that if you are acting as an agent of a participant of the Games and accepting the participant’s application to participate in the Games, you have been granted their authority to grant an indemnity to EMQ on behalf of the team and/or on behalf of each individual participant.

Application Process

1. EMQ reserves the right to not accept any Form in its absolute discretion. If EMQ accepts your application, EMQ will notify you in writing and you will be issued with an accreditation pass granting you the right to participate in the Games or a Competition and access a Venue on the terms of this Agreement (Accreditation).

2. The Accreditation is issued to you and is non-transferable. The Accreditation is and remains the property of EMQ and EMQ may suspend or cancel Accreditation at any time. You will need your Accreditation to gain entry to Venues, transportation and official functions.

3. For the avoidance of doubt, all costs associated with attending the Games will be at your own expense, including any travel, accommodation, food and beverage and uniform costs.

Eligibility and Competition Rules

4. You acknowledge that the Competition may have a limit on the number of participants in that Competition and you accept the Sport Convenor has the right to accept applications for entries in its absolute discretion until the maximum number of entries is obtained. Age groups in some Competitions may be combined if insufficient entries are received. If the minimum number of entries is not received for a given Competition discipline or category, you accept that discipline or category may be cancelled.

5. You agree to abide by the Competition rules and regulations as promulgated by the Sport Convenor and its relevant International Federation, including in relation to any minimum age, eligibility or qualification requirements; results, protests and discipline, integrity or conduct issues. You agree that failure to comply with those rules and regulations may result in your suspension or automatic disqualification from the Competition and further action will be at the discretion of the Sports Provider.

6. Any disputes on eligibility or related Competition Rules under this section will be determined by EMQ, whose decision will be final and binding.

Venue Conditions

7. You must comply with the Venue Conditions of Entry. Amongst other terms, these conditions grant EMQ the right to refuse you entry to, or evict from, a Venue if you are deemed to be a source of danger, nuisance, or annoyance or otherwise give rise to concerns in relation to the safety and security arrangements for the Games, including excessive noise, use of foul, obscene, abusive or racist language or gestures, the wearing or other display of commercial, political or offensive signage or logos, or the throwing of any object that might injure or cause damage to people or property.

8. You must comply with the directions or announcements from EMQ or Venue staff and any other requirements relating to access and safety given by EMQ or Venue staff or authorities.

Assumption of Risk and Behaviour

9. You warrant you are in good physical condition and health and capable of participation in the Games. EMQ bears no liability for any personal injuries, health problems or death sustained at or after the Games, including directly or indirectly resulting from any existing medical condition.

10. You are warned that participation in the Games involves risk of personal injury and/or death, including from collision with participants, fixtures, vehicles, third parties; falls, slips, impact with objects and spikes; being struck by objects/other participants; suffering psychological symptoms, heart attacks, strokes, heat exhaustion and dehydration. You acknowledge that you have been warned of the risks and that you participate in in the Games at your own risk and assume all risk and liability for personal injury or death, including that of any minors under your care.

11. You must maintain safe, prudent and respectful behaviour at all times during the Games and in Venues. You are responsible for your own conduct whilst in a Venue and must pay for the cost of repair of any damage caused to a Venue as a result of your conduct.

Insurance and Injury Procedures

12. You acknowledge and accept that no sports or personal injury insurance is provided by EMQ to cover your travelling to, or participation in, the Games. You will need to check with Sports Provider in relation your Competition. EMQ recommends that you obtain your own medical/sports/personal injury/personal public liability insurance and/or personal accident insurance (including for death or permanent incapacity and income protection) in respect of your participation in the Games, access to Venues and related activities.

13. If you sustain an injury or illness, or exacerbate a pre-existing medical condition, whilst participating in the Games, you authorise Games Sports Medicine Personnel to perform and administer medical treatment as deemed necessary. You agree to receive and pay for the cost of all medical treatment administered before, during or after the Games, including ambulance and hospitalisation costs and any other related service.

Use of Image and Recordings

14. You may be photographed individually or in a crowd scene and/or your voice recorded at the Games, with or without your knowledge. You irrevocably and unconditionally consent without compensation to the recording, transmission and use of your likeness and/or voice by any means (including, audio and visual recordings by television cameras and photographers) throughout the world, to the fullest extent possible in perpetuity, by EMQ and its nominees. If you see the use of any pictures of yourself that you are not comfortable with you can request removal via email to info@mastersgames.com.au.

15. Patrons are not permitted to transmit, broadcast, sell, license or otherwise publish, disseminate or reproduce any recordings (including photographic, video or sound recordings) of a Competition without EMQ’s prior written approval. If you make, reproduce or use any recording, data or image prohibited under this condition, you must assign in writing all copyright and intellectual property rights to EMQ or its nominee.

16. You agree that you will not make, encourage, wear or support unauthorised reproductions of either the Games or Competition logo, slogan or name in any form without the prior written permission of EMQ.

Refunds, Cancellations and Games Changes

17.  You acknowledge that you are not (and no other person is) entitled to a refund or credit of any nature in relation to the entry fee(s) you have paid (for yourself or another person), for any reason whatsoever, or in any circumstances, unless and to the extent that EMQ is required to provide a refund or payment at law. You acknowledge that EMQ is entitled to deduct administrative, legal, operational and other costs from any amount (if any) you would be entitled to receive by way of refund (if payable at law). The only exception is that if the Competition in which you have registered is cancelled, you will be entitled to a full refund of the Sport Fee for that Competition. Furthermore, if you are unable to secure a place in any other sport of your choice and therefore, do not attend the Games, you will be entitled to a full refund of other fees paid.

18. All dates, times, events, teams and Venues of the Games may change without notice to you.

19. EMQ may postpone, cancel, interrupt or stop the Games or a Competition, or deny access to a Venue, due to adverse weather, dangerous situations or any other causes without any compensation to you.

20. EMQ and Sports Providers are not liable to you for any loss or damage you suffer as a result of the Games or a Competition being cancelled, postponed or changed. EMQ disclaims the existence of any common law duty of care to you.

Release and Indemnity

21. You agree:
(a) not to bring any claim or proceeding against EMQ or a Sports Provider for any damage, loss, injury or liability you may suffer in participation in the Games, including accessing a Venue or carrying out your duties; and
(b) to safeguard your equipment, phones, cameras or property (including personal property such as bags and money) and acknowledge that EMQ or a Sports Provider is not responsible for any lost, stolen or damaged property.

22. You indemnify EMQ and Sports Providers from and against all expenses, losses, damages and costs that may be incurred as a result of your participation in the Games.

Privacy Statement

23. EMQ respects the privacy of the individuals on whom EMQ collects, uses and discloses personal information. The personal information that EMQ collects is used for the purpose of registration and accreditation, the proper and efficient staging of the Games, de-identified post-Games reporting and otherwise to give effect to any of its rights under these Terms. You may request access to personal information EMQ holds about you by sending an email to info@mastersgames.com.au.

Force Majeure

24. In the event of a Force Majeure (meaning any act, event or cause which is beyond the reasonable control of EMQ, including any act of God, strike, lock-out, act of public enemy, civil commotion, war, blockade, riot, state of emergency, fire, earthquake, storm, flood, wash-out, explosion, government restraint or any form of government intervention or epidemic or pandemic), EMQ may cancel the Games or change how the Games are scheduled or delivered and/or change certain elements of the Games, and you acknowledge that you have no claim against EMQ for any loss or damage incurred by you related to cancellation or changes to the Games, including any travel, accommodation, training, medical, equipment and apparel costs. If a Force Majeure occurs, EMQ will use reasonable endeavours to attempt to deliver the Games, but is under no obligation to do so. If the Games are cancelled, please refer to the refund policy set out in clause 17.

General

25. Lost or stolen Accreditation must be immediately reported to EMQ. EMQ may, in its absolute discretion, issue duplicate Accreditation and charge a replacement fee.

26. EMQ may choose not to enforce a term of this Agreement in some cases in its absolute discretion without affecting its right to enforce that term in other cases.

27. This Agreement:
(a) is governed by the law applicable in Queensland and each party submits to the jurisdiction of the courts of that territory; and
(b) is the entire agreement between EMQ and you in respect of its subject matter.

28. EMQ reserves the right to update, modify or change these Terms from time to time. Any changes will be available on EMQ’s website.