Western Sydney University’s Giving Day: Wednesday, 6 September 2023

10KM Giving Day Walk

The University will be holding its third Giving Day on Wednesday, 6 September 2023. Participants will be undertaking a 10KM Giving Day Walk to begin and end at Parramatta South campus to raise funds for scholarships, student programs and research.

Chancellor’s Challenge (Golf Competition): selected participants

In addition, the Chancellor, Professor Jennifer Westacott AO, and Vice-Chancellor, Professor Barney Glover AO, have generously agreed to compete in a Golf Competition at Parramatta South campus to raise funds towards the Indigenous Centre of Excellence and Integrative Health Research program at Western Sydney University on the Giving Day. Up to 20 participants will be selected to take part in the Golf Competition. The remaining participants will be invited to watch the Golf Competition from around the temporary golf installation at Parramatta South campus.

The Participant has agreed to participate in the 10KM Giving Day Walk and, if selected to do so, in the Chancellor’s Challenge Golf Competition. All participants are encouraged to fundraise for the benefit of student support or research projects at Western Sydney University via the JustGiving fundraising platform.

Participation Agreement

This Participation Agreement for the 10KM Giving Day Walk (and, if applicable, the Chancellor’s Challenge Golf Competition, comprises the following five Parts:

1. Part 1: Participant’s Details

2. Part 2: Recreational Risk Agreement for Participation in Recreational Activities comprising:

a. Part 2A: Risk Warning under the Civil Liability Act 2002 (NSW);

b. Part 2B: Exclusion of Consumer Guarantees under the Australian Consumer Law;

c. Part 2C: Common Law Release and Indemnity;

3. Part 3: Consent to Filming, Livestreaming and Photography.

4. Part 4: Privacy Notice and Consent; and

5. Part 5: Acknowledgment and agreement to terms and conditions.

Part 2: Recreational Risk Agreement for Participation in Recreational Activities:

Part 2A: Risk Warning under the Civil Liability Act 2002 (NSW)

By signing this Recreational Risk Agreement to participate in the 10KM Giving Day Walk and/or, if applicable, the Chancellor’s Challenge Golf Competition, I, as the Participant acknowledge and agree that:

1. I have been fully informed of the risks and hazards associated with the recreational activity described as the 10KM Giving Day Walk, and/or if applicable, the Chancellor’s Challenge Golf Competition which I will be participating in.

2. I acknowledge that participation in the 10KM walk and/or, if applicable, the Chancellor’s Challenge Golf Competition, is a Recreational Activity as that term is defined in Part 1A, Division 5 of the Civil Liability Act 2002 (NSW). The risks of these activities include, but are not limited to, risks of:

a. involvement in physical activity and exertion of moderate intensity;

b. bodily injury and/or illness including possible permanent disability, and, in limited and extreme cases, death;

c. loss or damage to my person or property including theft, loss or damage to personal belongings and/or accessories;

d. hazards of participating in activities outdoors;

e. my own negligence and/or negligence of others; and

f. difficulties of evacuation if I am injured or disabled.

3. Medical and health conditions

To the best of my knowledge and belief, I confirm that I:

a. am of at least moderate fitness. For example, I am able to undertake an aerobic activity whilst maintaining a conversation uninterrupted with an intensity that may last between 30-60mins. ;

b. I do not have a pre-existing injury or health condition that prohibits me undertaking moderate exercise. Any pre-existing injuries or health conditions have been declared on the Participant Details section of this Recreational Risk Agreement;

c. I am not recovering from a medical procedure; and

d. I confirm that I have been advised that I should obtain medical advice about any health or medical conditions associated with my participation in the 10KM Giving Day Walk and/or, if applicable; the Chancellor’s Challenge Golf Competition.

4. My participation in the 10KM Giving Day Walk and/or, if applicable, the Chancellor’s Challenge Golf Competition is voluntary. I have considered all risks involved, including those risks associated with any medical conditions or pre-existing injuries that I have, which might reasonably affect my safety.

5. By participating in this Recreational Activity, I voluntarily assume all risks of any harm, injury or damage that I may suffer, whether foreseen or unforeseen.

6. I understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future relating to my participation in the 10KM Giving Day Walk and/or, if applicable, the Chancellor’s Challenge Golf Competition.

7. To the full extent permitted by law, I, on my own behalf, and on my behalf of my heirs, successors, executors. administrators, agents and assignees, agree to accept all risks whatsoever and howsoever arising, including risks not listed above, and waive and/or release Western Sydney University and its officers, employees, and/or agents from any and all claims, actions or losses, or for any bodily injury, property damage, wrongful death, loss of services; and any incidental, indirect, special, consequential or economic loss, including loss of opportunity, exemplary or punitive damages, whether to person or property, or otherwise, which may arise out of my participation in the 10KM Giving Day Walk and/or, if applicable, the Chancellor’s Challenge Golf Competition.

Part 2B: Exclusion of Consumer Guarantees under the Australian Consumer Law (Cth)

1. Sections 60, 61 and 62 of the Australian Consumer Law (ACL) at Schedule 2 of the Competition and Consumer Act 2010(Cth) (CCA) contain guarantees in relation to the provision of services (Consumer Guarantees) that the services will be:

a. Provided with due skill and care;

b. Fit for any particular purposes that the consumer has made known as the purpose for which the consumer is acquiring the services; and

c. Supplied within a reasonable period of time.

2. In section 2 of this Recreational Risk Agreement:

a. “recreational activities” has the meaning given to that term in section 139A of the CCA; and

b. This section applies only to liabilities out of which a party may lawfully contract pursuant to section 139A of the CCA and is not intended to apply to:

i. A liability other than a liability in section 139A of the CCA; or

ii. Significant personal injury caused by reckless conduct.

3. I acknowledge and agree that it is a condition of my participation in the 10KM Giving Day Walk and/or, if applicable, the Chancellor’s Challenge Golf Competition, that the Consumer Guarantees are excluded and are without effect in relation to that recreational activity.

Part 2C: Common Law Release and Indemnity

1. This section applies only to liabilities out of which a party may lawfully contract and which are not the subject of Parts 1 and 2 of this Recreational Risk Agreement.

2. I, on my own behalf, and on and on my behalf of my heirs, successors, executors. administrators, agents and assignees, now and forever agree to waive and/or release Western Sydney University and its officers, employees, and/or agents from any and all liabilities for personal injury and death howsoever arising, including in tort, (including negligence), contract, in equity, pursuant to statute, and waive any rights that I may have at any time to bring a claim for the same.

3. I agree that if any provision of this Recreational Risk Agreement is found to be unenforceable or invalid, that provision shall be severed from this Recreational Risk Agreement and the remainder of this agreement shall continue in full legal force and effect.

4. This Recreational Risk Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the court of that state.

5. I agree to indemnify and keep indemnified Western Sydney University for all loss, damage, costs and/or expenses and/or legal costs incurred or to be incurred by Western Sydney University arising out of or in connection with my participation in the 10KM Giving Day Walk and/or, if applicable, the Chancellor’s Challenge Golf Competition in any way whatsoever and howsoever caused.

PART 3: Consent for Filming, Livestreaming and Photography

1. In this Consent for filming, livestreaming and photography:

a. “Recording” means any audio-visual recording of me while participating in the 10KM Giving Day Walk and/or, if applicable, the Chancellor’s Challenge Golf Competition either alone or as part of a group of other participants; and

b. “Authorised Purpose” means the use of film or video footage and photographs in any publications of Western Sydney University for fundraising, philanthropic, advertising, promotional, marketing and related internal and administrative purposes of the University, including but not limited to the 10KM Giving Day Walk and/or, if applicable, the Chancellor’s Challenge Golf Competition, Giving Day and any future events of this nature.

2. By signing this Participation Agreement, I acknowledge and agree that Western Sydney University and its employees, agents or contractors may:

a. Film my image and voice and incorporate all or part of this into the Recording(s) and any film or other media that may evolve from the Recording(s) for the Authorised Purpose;

b. Copy, reproduce, adapt. alter, rearrange, edit, cut the Recording(s) including creating composite or modified representations, throughout the world and in perpetuity, at the sole discretion of Western Sydney University, in any format and in any way whatsoever for the Authorised Purpose, without payment or compensation; and

c. Do any and all acts or omission which would otherwise be an infringement of moral rights in the Recordings(s), and, to the extent allowable by law, I waive any moral rights that I may have in the Recording(s).

d. I agree that Western Sydney University will own the entire right, title and interest (including present and future copyright) in any Recordings(s) filmed by it, its employees or contractors, and to the extent required, I assign all of my rights, title and interest (including present and future copyright) in the Recording(s) to Western Sydney University.

e. I agree that if any provision of this consent for filming, livestreaming and photography (Filming Consent) is found to be unenforceable or invalid, that provision shall be severed from this Consent and the remainder of this agreement shall continue in full legal force and effect.

PART 4: Privacy Notice and Consent

1. The Recreational Risk Agreement and the separate Consent for filming, livestreaming and photography at Parts 2 and 2 above, and the collection and handling of Personal Information and Health Information of Participants as part of the 10KM Giving Day Walk and/or, if applicable, the Chancellor’s Challenge Golf Competition are subject to Western Sydney University’s Privacy Policy and Privacy Management Plan, both of which are publicly available on Western Sydney University’s website at https://www.westernsydney.edu.au/policy/policy_dds, and to the Privacy and Protection of Personal Information Act 1998 (NSW) (PIPP Act) and the Health Records and Information Privacy Act 2002 (NSW) (HRIP Act).

2. In this Privacy Notice and Consent “Personal Information” and “Health Information” have the same meanings as in the PIPP Act and the HRIP Act.

3. The Personal Information and Health Information disclosed by Participants in this Participation Agreement is collected for the primary purpose of best managing any health, safety or emergency that may involve the Participant while participating in the 10KM Giving Day Walk and/or, if applicable, the Chancellor’s Challenge Golf Competition.

4. Other purposes of collection include, but are not limited to:

a. Eliminating or minimising the risk of aggravating any pre-existing injuries or illnesses;

b. Disclosing Personal Information or Health Information to emergency services personnel or medical personnel, and to emergency contacts or next of kin where necessary; and

c. For the fundraising and promotional purposes of Western Sydney University, and specifically those associated with the 10KM Giving Day Walk and/or, if applicable, the Chancellor’s Challenge Golf Competition.

IMPORTANT NOTICE: THIS IS AN IMPORTANT DOCUMENT THAT AFFECTS YOUR LEGAL RGHTS AND OBLIGATIONS. PLEASE READ IT CAREFULLY. DO NOT AGREE TO ITS TERMS UNLESS YOU ARE SATISIFIED THAT YOU UNDERSTAND IT. HOWEVER IF YOU DO NOT AGREE TO ITS TERMS YOU WILL NOT BE ABLE TO PARTICIPATE. WESTERN SYDNEY UNIVERSITY RECOMMENDS THAT YOU SEEK INDEPENDENT LEGAL ADVICE ON IT IF YOU HAVE ANY CONCERNS OR QUERIES.

Acknowledgment and agreement to terms and conditions of the Participation Agreement, the Recreational Risk Agreement for Participation in Recreational Activities, the Consent to Filming, Livestreaming and Photography, and the Privacy Notice and Consent.

I am 18 years of age or over. I acknowledge that I have read understood and agree to the terms and conditions of:

1. this Participation Agreement •;

2. the Recreational Risk Agreement for Participation in Recreational Activities •

3. the Consent to Filming, Livestreaming and Photography •; and

4. the Privacy Notice and Consent •