Terms and Conditions
1 Please read this document carefully and understand it
1.1 Dash Adventure Club Races are owned and operated by Dash Adventure Races Pty Ltd (referred to herein as “Dash”). Dash races are exciting and challenging, but by their nature they also carry elements of danger. By agreeing to these Terms and Conditions (‘this document’), you are personally accepting the risks associated with participating in the Race and the potential consequences of so doing and will be waiving some legal rights you might otherwise have against Dash and its staff, if you participate in a Race and something goes wrong, which may happen. This is the only way Dash can operate, but you need to understand you are assuming risks by participating in a Race and by agreeing to this document, are waiving rights against Dash, its suppliers and contractors and its staff.
1.2 Dash tries to reduce the risks in Races and in activities, and requires each participant in each Race (i.e. you) to agree to act in a safe and responsible manner (as set out in this document), but it is not possible to remove all risks. It remains foreseeable that you may be injured (potentially seriously), or could die, as a result of participating in a Race.
1.3 It is important that you understand your obligations as a participant to minimise the risk of injury to yourself and others, and the extent of your waiver of rights against Dash, as well as the limitation of the liability of Dash if you decided to participate in a Race and in the activities, and something goes wrong.
1.4 If you do not understand this document, please contact hello@dashadventureclub.com and ask any questions that you may have. We are happy to respond to any such emails so as to ensure you understand this document fully before you agree to it.
1.5 You will be required to agree to this document (and to confirm that you understand this document) when you book to participate in the Race. You will be deemed to have understood and accepted all of the terms and conditions set out herein when you book to participate in the Race.
1.6 You will also be required to electronically sign a copy of this document at the start of the Race.
2 The Activities
2.1 Part of the excitement of Dash Races is that you will only know exactly what activities you are undertaking on the day of the activity.
2.2 You will be informed of the specific activity and will be given the opportunity to not participate if you do not feel comfortable participating in that activity. You will be required to determine for yourself, whether or not you feel comfortable participating in an activity, and by so doing, will be assuming the risk and responsibility of any injury or danger occurring. If you are unwilling to assume the risks of an activity, you agree you will not participate in the activity.
2.3 If you elect to participate in an activity, you are agreeing to the requirements as set out in this document (and the waiver and limitation of liability) applying generally to the Race and specifically to your participation in that activity.
2.4 In order to properly understand this document and the risks you are assuming, we set out below a non-exhaustive list providing examples of the types of activities that may be included in a Race:
2.4.1 Canyoning;
2.4.2 Caving;
2.4.3 Cycling;
2.4.4 Swimming;
2.4.5 Running;
2.4.6 Dancing;
2.4.7 Snorkelling;
2.4.8 Rock climbing;
2.4.9 Stand-up paddle boarding;
2.4.10 Kayaking/canoeing;
2.4.11 Paintball;
2.4.12 Obstacle Course / assault course;
2.4.13 Inflatable obstacle course on water;
2.4.14 Paintball;
2.4.15 Cooking and other activities where there is exposure to naked flames;
2.4.16 Interactions with wildlife;
2.4.17 Travel by boat, car, and bus;
2.4.18 Ball sports, including soccer / zorb-soccer, basketball and other similar ball sports;
2.4.19 Zip-lining;
2.4.20 Trekking;
2.4.21 Creative activities including jewellery making and other activities involving sharp implements.
3 Fitness and pre-existing conditions acknowledgement
3.1 By agreeing to this document, you are acknowledging that participating in the Race will involve physical exertion and a reasonable level of fitness, and that the physical exertion may exacerbate pre-existing medical conditions (whether known or not).
3.2 If you have any pre-existing medical conditions that you consider may be affected by participating in any of the activities, you acknowledge that you have consulted with a doctor regarding the risks of participating in the Race before signing up for the Race, and that you are comfortable with the advice you have received from a doctor and the risks, if any, that you are assuming. This is solely your responsibility.
3.3 By agreeing to participate in the Race, you acknowledge that you consider you have an adequate level of fitness to participate and that if you consider any individual activity will require fitness or physical capacity beyond your own personal capacity, you will decide to not participate in that activity or to regulate your involvement to a level that is comfortable to you.
3.4 You agree that, as an absolute minimum, you are able to swim 100 metres unassisted and without buoyancy aid, and to walk a minimum of 3 kilometres without a pack (and a minimum of 2 kilometres carrying your luggage).
4 Passports, Visas and Vaccinations
4.1 It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary and mandated by the country/countries for your relevant race. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
4.2 We do not accept any liability if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
5 Agreement to comply with all instructions and requests of Dash staff and activity organisers
5.1 By agreeing to this document, you are acknowledging and agreeing that you will listen to and comply with all instructions, directions, and requests of Dash staff and any and all activity organisers provided to you during the Race and during any activity.
5.2 Specifically, you will do anything asked of you for your own safety and that of other competitors (and will refrain from doing anything when so asked for safety reasons), you will give effect to any information disclosed during any safety briefings, and you will appropriately and safely use all protective equipment provided to you and in the manner required of you by Dash staff and/or activity organisers.
5.3 You assume all risk and responsibility for any consequences that may arise (and expressly waive any rights you may otherwise have against Dash), if you do not listen to or comply with all instructions, directions or requests of Dash staff or any activity organisers, if you do not comply with any safety briefings, or if you do not use all protective equipment provided to you in the manner required of you by Dash staff and/or activity organisers.
5.4 You also agree that you will act in a manner safe to you and to your fellow competitors. You agree that you will at all times consider the potential consequences of any actions to you and to your fellow competitors and will not put yourself or others in unnecessary danger by your actions. If you act in any way that is considered by any Dash team member to be unsafe, you will be instructed to desist and if you continue to act in a deliberately unsafe manner, you may be precluded from continuing to participate in an activity or may be excluded from further participation in a Race.
6 Alcohol and illegal substances
6.1 The provision of, or consumption of, illegal substances will not be tolerated on a Dash Race.
6.2 If you consume or provide illegal substances on a Dash Race, you will be excluded from any further participation in the Race, and the Dash organisers may take any other reasonable and legal action against you. You will have no right to any refund or any other claim or action against Dash in such circumstances.
6.3 Please be advised that in many countries where Dash undertakes Races, the provision and consumption of illegal substances carries with it extremely serious legal consequences, including life imprisonment or the death penalty.
6.4 Dash advises against the consumption of alcohol during or prior to participating in any activity on a Race. If you appear to be intoxicated or to be impaired by alcohol or any other substance, Dash retains the right to exclude you from participating in any activity, or may exclude you from further participation in the Race. You will have no right to any refund or any other claim or action against Dash in such circumstances.
6.5 If you choose to consume alcohol or any other substance at any time during the Race, you do so at your own risk and acknowledge that by so doing, you are increasing the risk of being injured or dying on the Race. You agree that if you choose to consume alcohol or any other substance during the Race, any responsibility that may otherwise have been retained by Dash has been waived on account of your decision to consume alcohol or any other substance. You will have no claim against Dash in such circumstances.
7 Cancellation of the Race or specific activities
7.1 By agreeing to this document, you agree that Dash may be required to delay, modify or cancel a Race or any specific activities at any time, if any Dash staff consider in their ultimate discretion, that a Race or activity should be delayed, modified or cancelled for any reason at all. Your rights and entitlements in that situation shall be entirely as set out in this Clause 7.
7.2 It may become necessary for Dash to cancel or postpone an event after you have booked for that event.
7.3 If Dash cancels or postpones an event due to the COVID-19 pandemic or for any other reason (such decision to be made at the sole discretion of Dash), you shall be entitled to the following:
7.3.1 Notification of the cancellation no less than 30 days before the scheduled commencement of the event (unless the cancellation is mandated by government order, closed borders or other events outside of the control of Dash, in which case it shall be deemed a cancellation due to an Emergency event);
7.3.2 Issuance of a credit for any future Dash event in the sum equivalent to 100% of your total payment made to Dash, available for use up to two years after the date of cancellation (after which time the credit shall be deemed to have expired); and
7.3.3 Priority booking and priority notification of future Dash events.
7.4 We also recognise that you may need to, or want to, cancel a booking that you’ve made or that you make in the future. If you decide to cancel a booking after its been made and after you’ve paid a deposit, you must notify Dash in writing by email to hello@dashadventureclub.com as soon as possible, identifying your name and the race you are currently booked on.
7.5 For all current and future bookings at this time, we are offering the following credit structure in the event that you decide to cancel your currently booked plans:
7.5.1 If Dash is notified in writing 90 days or more before the first day of the Race, Dash will cancel your entry and provide a credit for any future Dash event in the sum equivalent to 100% of your total payment made to Dash;
7.5.2 If Dash is notified in writing more than 60 but less than 90 days before the first day of the Race, Dash will cancel your entry and provide a credit for any future Dash event in the sum equivalent to 75% of your total payment made to Dash;
7.5.3 If Dash is notified in writing more than 45 but less than 61 days before the first day of the Race, Dash will cancel your entry and provide a credit for any future Dash event in the sum equivalent to 50% of your total payment made to Dash;
7.5.4 If Dash is notified in writing more than 30 but less than 46 days before the first day of the Race, Dash will cancel your entry and provide a credit for any future Dash event in the sum equivalent to 25% of your total payment made to Dash;
7.5.5 If Dash is notified 30 days or less before the first day of the Race, or if Dash is not notified but you do not attend the Race, Dash will cancel your entry but not provide a credit for any future Dash event and will not refund any sums paid to Dash.
7.6 If you cancel a booking and are provided with a credit as set out in Clause 7.5 above, you will also be provided with priority booking and priority notification of future Dash events as they are released.
7.7 Dash may also cancel a Race during the event itself, or may need to cancel any activity, if any natural or man-made Emergency makes administering, or participating in, the Race or activity, unreasonably difficult or unreasonably safe (such event being an Emergency), in the ultimate discretion of any Dash staff.
7.8 An Emergency includes any event that make a race or event more difficult to run or more dangerous for competitors and that is outside of the control of Dash, including but not limited to very high wind, extreme rain or hail, hurricane, tornado, earthquake, flooding, fire, smoke, acts of terrorism, acts of war (whether declared or not), industrial action (threatened or actual), government order or direction of any nature, closure of boarders affecting travel, epidemic, pandemic or other health related emergency, insurrection, coup d’etat or change of government, public disaster or any event of a similar nature.
7.9 In the event of cancellation by Dash due to an Emergency, the following terms shall apply:
7.9.1 If a Race is cancelled less than 30 days before the commencement of the Race by reason of an Emergency, you will not be entitled to a refund however you will be issued a 50% discount on the entry fee for any subsequent race (availability permitting and excluding custom events);
7.9.2 If a Race is cancelled after it has commenced, due to an Emergency, you will not be entitled to a refund but may, at the sole discretion of Dash, be entitled to a 25% discount on the entry fee for any subsequent race (availability permitting and excluding custom events).
7.9.3 If an event or a day of a Race is cancelled due to an emergency, but the Race continues you will not be entitled to a refund, a subsequent discount or any other remedy.
7.10 In the event of any cancellation of a Race, postponement or other disruption to a Race or to a booking, you agree that you will not be entitled to any remedy against Dash or its staff other than as set out in this Clause 7.
7.11 You agree that you will not make any claim against Dash or its staff for any costs, losses, expenses or damages that may be incurred (including expectation damages), whether in tort, contract law or under any other cause of action, as a result of the cancellation of any Race or any activity for any reason whatsoever.
8 Insurance
8.1 You are required as a condition of entering a Race to obtain your own travel insurance at minimum providing coverage for medical expenses and emergency extraction within the relevant country for the Race.
8.2 It is mandatory that the travel insurance must include coverage for all of the activities set out in Clause 2 above, and it is your responsibility to confirm that this is the case.
8.3 You will be required to provide a copy of your travel insurance to Dash no later than 7 days after submission of your race entry.
8.4 We strongly advise against relying on credit card insurance or any other automatic insurance policy, as there is a significant risk that policies of this nature will not include coverage for the activities set out in Clause 2 above. Dash retains at its sole discretion, the right to reject an insurance policy provided by you if Dash considers it to be inadequate for a Race.
9 Photography
9.1 Dash employs professional photographers and videographers on each Race. For your own safety, you will be requested not to take photographs or videos during the performance of activities, but a package of photographs and videos will be provided to each participant after each Race.
9.2 Unless you expressly advise Dash in writing prior to the commencement of the Race, you consent to being photographed and videoed during the Race and when performing the activities.
9.3 By accepting this document, you also consent to Dash owning the photographs, video and sound recordings, images and likeness of you captured by Dash and its contractors or subsidiaries during the Race and associated activities.
9.4 By accepting this document, you also consent to Dash using such photographs, video and sound recordings, images and likeness of you captured by Dash and its contractors or subsidiaries for legitimate purposes, including but not limited to marketing and promotional purposes.
10 Release of liability, waiver of claims and indemnity agreement
10.1 In consideration of Dash agreeing to allow you to participate in a Race and in the activities:
10.1.1 You agree that in the event that you, or your next of kin, suffer any loss, damage, expense or injury, as a result of entering or participating in the Race, or undertaking any of the activities, including but not limited to the activities listed in Clause 2 of this document, YOU HEREBY WAIVE ANY AND ALL CLAIMS you have or may have in the future against Dash and it staff, as far as is possible at law;
10.1.2 You agree to HOLD HARMLESS Dash and its staff from any such loss, damage, expense or claim caused by or contributed to by your participation in the Race or in any specific activity, as far as is possible at law;
10.1.3 You agree that you are individually deciding to participate in the Race and to assume all the risks of so doing, and any loss, damage, expense or injury that may arise as a result is CAUSED BY YOUR DECISION TO PARTICIPATE IN THE RACE, and is not caused by (or recoverable against) Dash or its staff; and
10.1.4 You hereby INDEMNIFY Dash and its staff from any claim you may otherwise have, and from any damage you may suffer, and from the consequences of any injury you may experience, when participating in the Race or undertaking any activity.
10.2 You agree that you have no claim against Dash or its staff in any circumstances for any damages for loss of opportunity, loss of profit, loss of enjoyment, loss of future earnings, punitive damages, expectation damages or any indirect or consequential loss which may otherwise be claimable for any circumstance or event that may arise out of or in connection with your decision to participate in a Race or to undertake an activity.
10.3 You also agree, as far as is possible at law, that in the event of your death, your Estate and next of kin shall have no claim against Dash for any loss of opportunity, loss of profit, loss of enjoyment, loss of future earnings, punitive damages, expectation damages or any indirect or consequential loss which may otherwise be claimable for any circumstance or event that may arise out of or in connection with your decision to participate in a Race or to undertake an activity.
11 Maximum liability of Dash
11.1 In the event that Clause 10, or any part thereof, is ineffective or unenforceable at law for any reason, you expressly agree and accept that the maximum liability of Dash and its staff and subsidiaries (including any company providing any activity), is limited to the greater of AUD$5,000 or the Entry Fee you paid to enter the Race.
12 Governing Law and dispute resolution
12.1 These terms and conditions (i.e. this document) is governed by the laws of New South Wales, Australia.
12.2 In the event that a dispute arises under this document, such dispute shall in the first instance be notified to Dash in writing, and the parties shall then seek to negotiate the dispute amongst themselves for a period of 30 days.
12.3 If following the 30 day negotiation period required by clause 12.2, the dispute remains unresolved, the matter shall be referred to mediation before a mediator to be appointed by the Institute of Arbitrators and Mediators Australia (IAMA).
12.4 If following the completion of a mediation as required by clause 12.3, the dispute still remains unresolved, the matter shall be resolved by arbitration, before a three member arbitral tribunal, with each party to nominate an arbitrator, and with the two party appointed arbitrators to nominate the third arbitrator and chairperson of the arbitral tribunal. The procedural law and seat of the arbitration shall be NSW law and NSW, and the arbitral hearings shall be conducted in Sydney, NSW, Australia. The governing rules of the arbitration shall be the rules of the Australian Centre for Commercial Arbitration current as at the commencement of the arbitration.
13 Severability
13.1 If any clause or sub-clause of this document is invalid or unenforceable at law, that clause or sub-clause shall be severed from this document and shall not affect the validity or ongoing enforceability of any and every other clause or sub-clause of this document.
14 Personal acknowledgement and agreement to all of the terms of this document
14.1 As set out in Clause 1 above, you are required to understand all of this document and to agree to all of these terms and conditions.
14.2 By entering the Race, you are expressly declaring as follows:
“I have read and I understand all of the terms and conditions set out in this document.
I expressly agree to all of the above terms and conditions, and agree to assume all of the responsibilities imposed on me in these terms and conditions.
I expressly agree to all of the waivers of my rights set out in these terms and conditions and to limit my rights to damages and claims as set out in these terms and conditions.”