These Terms & Conditions apply to participation in Après Trail, including the run and walk events and the food, drink and music program at the Wool Shed that follows them (together, the "Event"), conducted by Apres Trail Pty Ltd ACN 701 992 878 ("Après Trail", "we", "us").
Please read them carefully before registering. They contain important provisions concerning risk, liability and your legal rights. By registering and electronically accepting these Terms, you agree to be legally bound by them.
If the participant is under 18, their parent or legal guardian must complete the acceptance. In doing so, the parent or guardian accepts these Terms in their own capacity and, to the extent permitted by law, on behalf of the participant.
Your entry is personal to you. You must provide accurate registration information, including your date of birth and appropriate emergency contact information. You must not participate using another person's registration or bib.
You must read and comply with reasonable Event rules, participant information and safety instructions provided by Après Trail before or during the Event. We may update Event rules or instructions where reasonably necessary because of safety, circumstances outside our control or legitimate operational requirements.
Prams, strollers, wheelchairs and other wheeled devices are not permitted on the course, because it includes uneven gravel roads, farm tracks and farmland that are not suitable for them. If you have a disability or other particular needs, please contact us before registering and we will discuss what we can reasonably do to help you take part.
You may transfer your entry to another person up to 14 days before the event using our official transfer process. A transfer is not complete until the replacement participant has provided all required registration and emergency information and accepted these Terms & Conditions and Risk Warning.
Simply giving your bib or entry to another person is not permitted. We may refuse participation where an entry has been transferred without following the official process.
You may request a change of distance where places remain available and the participant satisfies any applicable eligibility requirements. If you move to a longer distance, you must pay the applicable difference in entry price. If you move to a shorter distance, no refund of the price difference will be provided.
If you change your mind or cannot attend because of personal circumstances, including illness, injury, work commitments, travel disruption or another personal reason, your entry fee is not refundable. Where permitted under clause 2, you may instead transfer your entry before the transfer deadline.
Nothing in this clause affects any right or remedy you may have under the Australian Consumer Law or other applicable law.
Après Trail is an outdoor event conducted partly on public roads and private rural property. Circumstances affecting the Event may change. Where reasonably necessary for safety, operational, landowner, regulatory or other legitimate Event requirements, we may change a course, distance, route, start time, schedule, activity, access arrangement or other aspect of the Event.
If the Event substantially proceeds, a reasonable modification of this kind does not of itself entitle you to a refund. Nothing in this clause affects any right or remedy that cannot lawfully be excluded.
Après Trail is intended to proceed in most weather conditions. Circumstances beyond our reasonable control may include severe weather; fire or smoke; flood; natural disaster; unsafe road or course conditions; public health emergency; emergency-services requirements; government, police or other authority direction; unexpected loss of essential land or road access; utility or infrastructure failure; or another circumstance that we could not reasonably prevent or overcome ("Exceptional Circumstances").
If Exceptional Circumstances make it unsafe, unlawful or impracticable to conduct the Event as planned, we may reasonably: (a) change or shorten a course or distance; (b) change the timing, program, location or other Event arrangements; (c) delay or suspend some or all of the Event; (d) postpone the Event to another date; or (e) cancel some or all of the Event.
If the Event substantially proceeds in a modified form, entry fees will not ordinarily be refunded merely because of that modification. If the Event is postponed, we may transfer your entry to the rescheduled Event and may offer another remedy such as a future-event credit or refund, having regard to the circumstances and applicable law. If the Event is cancelled entirely, we will advise participants of the remedies available having regard to the cause of cancellation, these Terms and applicable law. These may include a refund, credit or transfer to a future event.
Nothing in these Terms limits any right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Except to the extent required by law, Après Trail is not responsible for travel, accommodation, meals, equipment or other external costs incurred in connection with attending the Event.
The Event includes running and walking on public roads, gravel roads, farm tracks and private farmland. Risks and hazards include, without limitation:
Hazards may not always be marked, visible or foreseeable. Participation may result in property damage, illness, physical or mental injury, serious injury, permanent disability or death. You acknowledge that you have been warned of the general nature of these risks and voluntarily choose to participate.
You are responsible for determining whether you are physically and medically capable of participating safely in your chosen Event distance. You should obtain appropriate medical advice before participating if you have any doubt about your ability to participate safely.
You must not participate if you know, or reasonably ought to know, that your health or physical condition makes participation unsafe to yourself or others. You are responsible for wearing suitable clothing and footwear and carrying any equipment that Après Trail specifies as mandatory. You must stop participating if directed to do so by Event personnel, medical personnel or emergency services.
By registering and participating, you acknowledge that: (a) your participation is voluntary; (b) you understand and accept the obvious and inherent risks associated with participating in the Event; (c) running and walking in the Event are recreational activities; (d) some activities or circumstances associated with the Event may involve a significant degree of risk of physical harm; and (e) to the maximum extent permitted by law, you voluntarily accept and assume the risks associated with your participation, including the risks identified in clause 7.
Sections 15 - 20 of the Civil Liability Act 2002 (Tas) contain provisions concerning obvious risks and dangerous recreational activities. To the extent that an activity in which you participate constitutes a dangerous recreational activity within the meaning of that Act, Après Trail and the persons protected by these Terms are entitled to rely on the protections provided by that Act, including section 20 in relation to harm resulting from the materialisation of an obvious risk. Nothing in this clause represents that every activity forming part of the Event necessarily constitutes a dangerous recreational activity for the purposes of the Act.
Participation in the running and walking events involves the supply of recreational services within the meaning of section 139A of the Competition and Consumer Act 2010 (Cth). To the maximum extent permitted by section 139A and other applicable law, you agree that in relation to the supply of those recreational services, the application of consumer guarantees, the exercise of rights arising from those guarantees, and liability for failure to comply with those guarantees are excluded, restricted or modified in relation to: (a) death; (b) physical or mental injury, including the aggravation, acceleration or recurrence of an injury; (c) contraction, aggravation or acceleration of a disease; and (d) the coming into existence, aggravation, acceleration or recurrence of another condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs of the kind described in section 139A.
To the maximum extent permitted by law, you release Apres Trail Pty Ltd and its directors, officers, employees, contractors, volunteers and agents, and owners or occupiers of land made available for the Event, from claims and liability for such harm arising from or connected with your participation in the recreational activities of the Event, including where a claim alleges negligence or failure to exercise reasonable care and skill, but only to the extent that such liability may lawfully be excluded.
This clause does not exclude, restrict or modify liability where the law does not permit that liability to be excluded, restricted or modified. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right, remedy or liability under the Australian Consumer Law or another applicable law that cannot lawfully be excluded, restricted or modified.
You must follow reasonable directions from Event officials, marshals, medical personnel, emergency services and relevant landowners. You must:
We may refuse, suspend or terminate your participation where we reasonably consider this necessary for safety, serious misconduct, material breach of these Terms or Event rules, or protection of people or property. Where participation is terminated because of your serious misconduct or material breach, no refund will ordinarily be provided.
The Event includes food, drink and live music in and around the historic Wool Shed. This clause applies to everyone attending that part of the Event.
The Wool Shed is a historic working farm building. Floors may be uneven, slippery or raised, and there may be steps, gaps, pens, rough timber, low beams, farm equipment and other hazards. You must take care, follow signs and directions from Event staff, and keep out of any area that is closed or marked as restricted.
Alcohol will be served only in accordance with the applicable liquor licence and responsible service of alcohol requirements. We may refuse service to anyone, and may require anyone who is intoxicated, disorderly or behaving unsafely to leave.
Anyone under 18 must be supervised by their parent, guardian or another responsible adult at all times in and around the Wool Shed. Alcohol will not be served to anyone under 18, and proof of age may be required.
If you have a food allergy or intolerance, tell food service staff before ordering. We will take reasonable care, but we cannot guarantee that any food is free from allergens.
Parts of Après Trail take place on private property made available specifically for the Event. Your entry permits access to those areas only for Event purposes and at the times and in the manner authorised by Après Trail. You must respect private property, livestock, crops, fences, gates, buildings and landowner requirements. You must not enter private areas outside the designated Event route or precinct.
If you become injured or unwell, you consent to Event personnel, medical personnel and emergency services providing or arranging first aid, medical assistance, ambulance transport, evacuation or other treatment they reasonably consider necessary or desirable. Where reasonably necessary for your treatment or safety, you consent to relevant information being provided to medical or emergency personnel and your nominated emergency contact.
You are responsible for ambulance, medical, evacuation and other treatment costs incurred on your behalf except to the extent otherwise required by law. Après Trail strongly recommends that participants ensure they have appropriate ambulance and personal insurance cover.
You are responsible for your own possessions, vehicles and equipment brought to the Event. To the maximum extent permitted by law, Après Trail is not responsible for loss, theft or damage to personal property unless caused by circumstances for which liability cannot lawfully be excluded.
Photography and filming will occur at Après Trail. You acknowledge that you may appear in photographs, video or other recordings of the Event and consent to Après Trail using Event photographs or footage in which you appear for reasonable Event reporting, publicity and promotion without additional payment. Where reasonably practicable, you may contact Après Trail if you have a particular concern about identifiable promotional use of your image. Our handling of personal information is governed by our Privacy Policy.
A participant under 18 may participate only with the consent of their parent or legal guardian and only if they meet the minimum age published for their chosen distance. The parent or guardian must complete or approve the registration and personally accept these Terms & Conditions and Risk Warning.
A participant under 13 must be accompanied on the course at all times by their parent or guardian, or by another adult nominated by the parent or guardian at registration, who is registered in the same distance.
In accepting these Terms, the parent or guardian:
The parent or guardian remains responsible for determining whether the minor is physically and medically capable of participating safely. Unless Après Trail expressly agrees otherwise, Event personnel do not undertake individual supervision of minor participants. Nothing in this clause purports to exclude or waive a minor's rights where those rights cannot lawfully be excluded or waived.
Nothing in these Terms is intended to exclude, restrict or modify any guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified. Where liability may lawfully be excluded, restricted or modified in relation to recreational services, including under section 139A of the Competition and Consumer Act 2010 (Cth), these Terms are intended to do so to the maximum extent permitted by law.
If any provision of these Terms is invalid or unenforceable, it is to be read down to the extent necessary to make it valid and enforceable. If it cannot be read down, it is severed without affecting the remaining provisions. These Terms are governed by the laws of Tasmania and applicable Commonwealth laws. Subject to any right you may have to bring proceedings elsewhere, the parties submit to the jurisdiction of courts having jurisdiction in Tasmania.
Questions about these Terms may be directed to chris@aprestrail.com.au.
By accepting these Terms, you confirm that:
you have read and understood them; you understand the Risk Warning; you voluntarily choose to participate in Après Trail; you accept and assume the obvious and inherent risks associated with your participation; and you understand that these Terms contain an assumption of risk, release and Recreational Activity Waiver that may affect your legal rights, including your ability to sue.