Membership & Event Terms and Conditions

1. Introduction
   1. These terms and conditions (Terms) are entered into between West Australian Marathon Club ACN 69 519 274 762 (we, us or our) and you, together the Parties and each a Party.
   2. In these Terms, you means the person or entity registering for membership with us (Membership) or registering to participate in one of our running events (Events).
2. Acceptance
   1. You accept these Terms by clicking “I accept” when you register for Membership or register for an Event.
   2. Membership Minimum Age: You must be at least 18 years old to register for Membership. If you are under 18 years old, you agree that you have the consent of a parent or legal guardian and they have accepted these Terms on your behalf. If you are accepting these Terms as a parent or legal guardian for the child, you represent, warrant, acknowledge and agree that you are the child’s parent, or legal guardian, and are able to act on behalf of, and make decisions for, the child.
   3. Event Minimum Age: To register for a marathon event (42.2km), you must turn 18 by the 31^st December in the year of the Event. To register for a half marathon (21.1km) you must turn 16 by the 31^st December in the year of the Event. If you are under 18 years old, you agree that you have the consent of a parent or legal guardian and they have accepted these Terms on your behalf. If you are accepting these Terms as a parent or legal guardian for the child, you represent, warrant, acknowledge and agree that you are the child’s parent, or legal guardian, and are able to act on behalf of, and make decisions for, the child.
   4. We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use your Membership Benefits or participate in our Events after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment and it adversely affects your rights, you may cancel your Membership and terminate these Terms in accordance with the Term and Termination clause below.
3. Membership
   1. In consideration for your payment of the Membership Fees, we agree to provide you with our member benefits as detailed on our Site, including but not limited to access to our Platform, discounts on Event entries, Event invitations and quarterly newsletters (Membership Benefits).
   2. We may need to change what is available as part of your Membership, including Membership Benefits inclusions and exclusions, from time to time. If we change what is available as part of your Membership, we will provide you with at least 30 days’ notice of the change. If the changes adversely affect your enjoyment of the Membership, you may cancel your Membership in accordance with the Term and Termination clause below.
4. Platform Licence
   1. Subject to your compliance with these Terms, in consideration of your payment of the Membership Fees, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
   2. We agree to use our best endeavours to make the Platform available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.
   3. Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you must place a request over the phone. We will endeavour to respond to any support requests in a reasonable period.
   4. You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, CRM systems, and internet providers) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.
   5. To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.
5. Events
   1. From time to time, we may provide access to our Events.
   2. Details for any Events, including eligibility criteria, will be set out on our Site.
   3. You agree to comply with the following at all times, and acknowledge and agree that any failure to comply with the following will allow us to refuse your entry into and participation in the Event:
   4. 1. prior to participation in the Event, and upon registration, disclose to us any health conditions that may impact or impair your ability to participate in the Event;
      2. meet the eligibility criteria set out on our Site;
      3. wear appropriate clothing and footwear for athletic activity;
      4. not engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you, us or any third party;
      5. comply with safety advice and processes; and
      6. comply with our reasonable instructions and directions.
6. Event Registration and Bookings
   1. You may register for an Event via our Site (Booking Request), and you agree that we reserve the right to reject any Booking Request made by you.
   2. If you make a Booking Request on the Site, your request will become a Booking once you make full payment of the Event Fees.
   3. Once your Booking is confirmed, you will receive a confirmation email of the details of your Booking, including the price you paid, location, and other details relating to your entry into the Event (Booking Confirmation).
   4. Event registration is strictly non-transferrable, and you are prohibited from allowing another person to run or participate in the Event under your registered name. Any person found to be running in another person’s name will be immediately disqualified from the Event and their results will be nullified.
7. Event Cancellation
   1. Non-attendance: If you do not attend the Event, you agree that we will not refund any of the Event Fee paid. You acknowledge that the non-refund of the Event Fee, as a cancellation fee, is a genuine pre-estimate of the loss we have incurred as a result of your non-attendance.
   2. Event modification: If you need to amend or modify your Event Booking, including changing your If you are unable to attend an Event, you may send us a request to modify your entry via email. We will make reasonable efforts to accommodate your request, subject to the availability of entries into a particular Event and payment of any additional Fees.
   3. You must make a request to modify your Booking at least 14 days prior to the date of the Event set out in your Booking. Requests made after this deadline may not be accommodated.
   4. Your cancellation: You may request to cancel your Event Booking at any time by notifying us via email. If you cancel your Event Booking:
      1. two weeks or more prior to the date of the Event, we agree to refund you the Event Fee in full or provide a credit for you to reschedule your booking and enter into an alternative Event;
      2. less than two weeks prior to the date of the Event, you agree that, subject to your Consumer Law Rights, the Event Fee will be non-refundable and forfeited by you, unless otherwise agreed by us. You acknowledge and agree that the non-refund of the Event Fee is a genuine pre-estimate of the loss we have incurred as a result of your cancellation.
   5. Rescheduling an Event: Due to unforeseen circumstances, such as government sanctioned restrictions (including those relating to COVID-19), inclement weather, or because the Event location is no longer available, we may need to cancel an Event or otherwise reschedule the date and/or location of an Event. If we need to reschedule or modify Event, we will notify you as soon as practicable of the new Event details (Rescheduled Event). You must notify us within 72 hours of us sending you notice of the Rescheduled Date that:
      1. you accept the Rescheduled Event; or
      2. you reject the Rescheduled Date and you wish to be fully reimbursed for any amount you paid for the original Event.
   6. If you fail to notify us within 72 hours, you will be deemed to have accepted the Rescheduled Event in accordance with this clause.
8. Fees and Payment
   1. Membership: You may purchase a Membership by paying the Membership fees outlined on the Site (Membership Fees) in advance on an annual basis (Billing Cycle). Your membership will conclude at the end of your Billing Cycle unless you elect to renew your Membership or purchase another Membership on the Site and pay the Membership Fees outlined on the Site.
   2. Events: You must pay us the applicable Event fee as set out on the Site (Event Fee) at the time of making a Booking for an Event.
   3. The payment methods we offer are set out on the Site. We may offer payment through a third-party provider (for example, SecurePay). You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
   4. You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.
   5. You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us in connection with the Site.
   6. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
   7. The Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms.
9. First Aid Information Sharing
   1. By participating in our Events, you consent to the sharing of necessary personal details with our designated first aid providers in the event of an emergency. This may include your name, contact information, any medical history you have provided to us and brief description of the incident.
   2. We handle all personal information we collect in accordance with our Privacy Policy.
10. Our Intellectual Property
    1. You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Platform and Site, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property) will at all times vest, or remain vested, in us.
    2. We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual Property on your personal device, and you may not use Our Intellectual Property for any commercial purpose.
    3. You must not, without our prior written consent:
       1. copy, in whole or in part, any of Our Intellectual Property;
       2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
       3. breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
    4. This clause will survive the termination or expiry of these Terms.
11. Warranties
    1. You represent, warrant and agree that:
       1. you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
       2. there are no legal restrictions preventing you from entering into these Terms; and
       3. all information and documentation that you provide to us in connection with these Terms is true, correct and complete.
12. Australian Consumer Law
    1. Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
    2. If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
    3. Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
    4. This clause will survive the termination or expiry of these Terms.
13. Liability
    1. Despite anything to the contrary, to the maximum extent permitted by law:
       1. neither Party will be liable for Consequential Loss;
       2. each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
       3. our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Fees paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability.
    2. This clause will survive the termination or expiry of your these Terms.
14. Term and Termination
    1. These terms commence on the date they are accepted by you in accordance with clause 2, and:
       1. where you are a member: will continue until your Membership expires or is cancelled in accordance with clause 2; or
       2. where you are not a member: will continue until the date we consider the Event to be delivered to you, unless terminated earlier in accordance with its terms.
    2. You may request to cancel your Membership at any time by notifying us via email. Your cancellation will take effect
    3. You acknowledge that, subject to your Consumer Law Rights, any refund provided by us is at our sole discretion. If you wish to request a refund, you must do so in writing to us within 14 days of cancellation of your Membership.
    4. These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
       1. the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
       2. the Defaulting Party is unable to pay its debts as they fall due.
    5. Should we suspect that you are in breach of these Terms, we may suspend your Membership and/or participation in any Event while we investigate the suspected breach.
    6. Upon expiry or termination of your Membership or these Terms:
       1. your Membership will automatically terminate and you will no longer have access to the Membership Benefits;
       2. any current Event entries will be forfeited; and
       3. where we terminate these Terms as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.
    7. where we terminate these Terms as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.
    8. Termination of these Terms will not affect any rights or liabilities that a Party has accrued under these Terms.
    9. This clause will survive the termination or expiry of these Terms.
15. General
    1. Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
    2. Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
    3. Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
    4. Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
    5. Governing law: These Terms are governed by the laws of WA. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in WA and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 
    6. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
    7. Photographs: We may film or photograph our Events. You agree that you may be filmed or photographed by us or our representatives when participating in our Event. You agree we may use your image and/or voice in any photographs or videos we take for promotional purposes and no remuneration will be payable to you for such use.
    8. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
    9. Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.
16. Definitions
    1. Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Fee under these Terms will not constitute “Consequential Loss”.
    2. Fees means the Membership Fees and/or the Event Fees, as set out on the Site from time to time.
    3. Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
    4. Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
    5. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
    6. Site means https://www.wamc.org.au/.

For any questions or notices, please contact us:

Online: Contact form

Phone: (08) 9472 4833

Email: [email protected]

West Australian Marathon Club (ABN 69 519 274 762)