Pyjama Fun Run - Events Terms and Conditions

Persons entering the 2022 Pyjama Fun Run are required to agree to the following:  

  1. I certify that I am 18 years or older.  
  2. If applicable, I represent and warrant that I am the parent or legal guardian of the Minor and am authorised to agree to these terms and conditions on behalf of the Minor.  
  3. An adult must accompany a Minor under the age of 17. 
  4. [I am/the Minor is] not suffering from a condition that would prevent and/or render [I /the Minor] unfit to participate in the Event.  
  5. (Cancellation of Event) I acknowledge and agree that the sponsor may reschedule, relocate, alter the format or change the nature of the Event (including cancelling any Organised Activity) if, in the opinion of the Sponsor, it is not able to, it is impracticable to or it is not safe to hold the Event directly or indirectly because of COVID or a law, regulation, government declaration and/or direction in connection with COVID.  
  6. (Stay at home in certain circumstances) I agree to undertake a reasonable assessment of my health status before attending the Event and will not attend the Event if: 
    1. I have experienced or exhibited any symptoms of COVID in the time period shortly prior to the Event or on the day of the Event;
    2. I am required to be in quarantine or to isolate; OR
    3. iii. To do so would be inconsistent with public health recommendations and directions in the relevant location.
  7. (Refusal of entry and removal from Event) I acknowledge and agree that the Sponsor may refuse me entry to the Event or require me to leave any relevant venue or course area for the Event in any of the following circumstances 
    1. I refuse or am unable to comply with any COVID safety protocols or requirements notified to me by the Sponsor including without limitation COVID test and vaccination and proof of vaccination requirements;
    2. I refuse or am unable to comply with any reasonable health and safety directions given by the Event Organisation;
    3. I refuse or am unable to comply with any relevant government requirements or regulations relevant to the Event, including without limitation COVID test and vaccination and proof of vaccination requirements;
    4. I refuse or am unable to provide contact tracing information to an Event Organisation on request;
    5. I am exhibiting symptoms of COVID;
    6. An Event Organisation believes there is a risk that I may have or be carrying COVID; OR
    7. I am required to be in isolation as a result of COVID diagnosis or have been directed to be in quarantine because of close contact with a person with COVID.

I accept that in any of the above circumstances, my Entry Fee will not be refunded unless required by law. 

8. (Assumption of COVID risk) I acknowledge the contagious nature of COVID and voluntarily assume the risk that I may be exposed to or infected by COVID by participation in the Event or by my attendance at any relevant venue or course area for the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death.  I understand that the risk of becoming exposed to or infected by COVID at the Event or while present in any relevant venue or race area for the Event may result from the actions, omissions, or negligence of myself and others, including but not limited to the Event Organisations. I release and forever discharge the Event Organisations from any claim which I have or may have in respect of, or arising out of, being exposed to or being infected with COVID as a result of attending the Event. 

9. (Compliance with safety protocols or requirements) I agree to comply with any COVID related safety protocols or requirements notified to me by the Sponsor (including by way of signage) throughout the duration of the Event. Safety protocols and requirements may include: i. Hand hygiene requirements;

    1. Physical distancing requirements (including while queuing);
    2. Staggered entry and exit times, including in relation to the start time of the Event;
    3. Temperature checks;
    4. vaccination and proof of vaccination requirements;
    5. Questions relating to COVID upon my arrival and in the lead up to the Event to ensure the safety of others;
    6. Person limits for particular spaces and areas; OR
    7. Person density limits.I acknowledge that a failure to adhere to these protocols or requirements may lead to a breach by me of laws, regulations, government declarations and/or directions, for which significant penalties may apply. 

10. (Notification of COVID symptoms) I agree to notify Sponsor immediately if I develop any symptoms of COVID in the time period shortly prior to attending the Event. Please contact us immediately via or call us on (03) 9594 2700.

11. (Updates in line with government changes) I acknowledge, agree, and understand that these terms and conditions, including this clause may be updated from time-to-time in line with relevant state and federal government guidelines, public health directives and other government law, regulations or directions.

12. (Compliance with requirements and regulations) It is your responsibility to ensure that you can and will comply with all relevant government requirements or regulations and our COVID related requirements relevant to the Event, including without limitation COVID test and vaccination and proof of vaccination requirements.  No credit or refunds will be provided if you do not participate in the Event because you are unable or unwilling to comply with relevant government restrictions or regulations and/or our COVID related requirements at relevant times.

13. I acknowledge that my registration is not transferable to other people, and my registration fee is non-refundable.  

14. I attest and verify that [I am / the Minor is] physically fit and trained sufficiently to participate in this Event. I further attest and verify that [I do not/the Minor does not] have any illness or impairment that may make [my participation / the Minor’s participation] unsafe for others.  

15. During the Event, I agree to abide by all rules, instructions and directions imposed by the Event organisers and volunteers, and obey the directions of the route marshals and volunteers and walk and/or run with care and consideration of others on the roads or paths.

16. I voluntarily assume all risks associated with [my/the Minor’s] participation in the Event or any activity associated with it and will take all measures to protect [myself/the Minor] from the risks of participation.  

17. To the extent permitted by law, I undertake and represent that I will not make any claims against the Sponsor and release the Sponsor (and their directors, officers, employees, representatives, volunteers, sponsors, contractors, subcontractors (and their respective employees) or agents) (individually and collectively, the ‘Released Parties’) from and against any liability, claims, causes of action, suits or proceedings, including claims for costs or expenses of any nature for any loss, injury, damage of any description whatsoever (including indirect or consequential damage) (‘Claim’) suffered in connection with [my/the Minor’s] attendance and participation at the Event, howsoever caused, and I indemnify the Released Parties from and against all Claims (including negligence) whatsoever and howsoever caused arising as a result of or in connection with [my/the Minor’s] participation in the Event.  

18. I understand that if I have agreed to accompany and be responsible for a Minor, if either the Minor or myself are asked by an Event official to halt or withdraw our participation of the Event, that the other’s participation must also be halted or withdrawn.

19. I am solely responsible for the security of all property and personal possessions [I/the Minor] bring/s to the Event and understand and acknowledge that the Released Parties do not accept responsibility for any loss or damage to this property.

20. I understand that the Sponsor reserves the right to alter the format of the Event if reasonably deemed necessary by the Sponsor, in the event of unforeseen circumstances, conditions or natural or man-made emergencies make managing the Event unreasonably difficult or unsafe.  

21. I agree that in the event of Event cancellation due to any occurrence outside of the Sponsor’s control, including but not limited to storm or storm damage, high winds or other acts of God, or Venue unavailability for any reason, my entry fee will not be refundable. Every effort will be made to reschedule the Event.

22. I agree [not to use/to ensure that the Minor does not use] the logos, trade marks, or other intellectual property of the Sponsor without the prior written consent of the Sponsor.  

23. I allow use of [my/the Minor’s] name and image, both before and after the Event in perpetuity, without payment of remuneration or compensation, for the purpose of promoting the Event and Venue, and promoting any products manufactured, distributed and/or supplied by and/or events conducted and/or hosted by the Released Parties, and for the purpose of allowing any person accessing any media to purchase or download for free any images created.

24. To the extent permitted by law, the Sponsor reserves the right to refuse a participant’s application to register for Event before or after registration, for any reason whatsoever. In such circumstances, the entry fee will be refunded to the participant.  

25. I agree to contact the Sponsor if [I/the Minor] withdraw/s from the Event up to and including Event day. I understand there is no refund of any portion of [my/the Minor’s] entry fee.

26. The personal information of participants will be managed by the Sponsor in accordance with the Information Privacy Principles (as amended from time to time) in the Privacy and Data Protection Act 2014 (Vic).  

27. I understand that by supplying my e-mail address I consent to receiving regular e newsletter updates from Monash Health Foundation in order to stay informed about the Event.  

28. All fees are inclusive of GST. 

 I, being the [participant/Minor participant’s parent or legal guardian], warrant that I have carefully read, considered, reviewed and understood these terms and conditions prior to submitting my application to participate in the Event, and agree with these terms and conditions.  

 In these terms and conditions: 

(a) Event means Pyjama Fun Run 2022. 

(b) Minor means a person between 5 and 17 years of age.  

(c) “COVID” means the pandemic and/or public health emergency arising from the virus and respiratory illness known as the Novel Coronavirus 2019 and any mutation or variation of that virus or illness. 

(d) Sponsor means Monash Health and Monash Health Foundation.