2021 Parade conditions are altered due to COVID–19. You must read and agree to Mardi Gras (adapting) terms and conditions.
If the terms and conditions due to covid change, we will email you with any updates.
PINK FLAMINGOS TERMS AND AND CONDITIONS
DECLARATION, WARRANT, WAIVER AND RELEASE
“The Event” means the Sydney Gay and Lesbian Mardi Gras Parade, Rehearsals, Fittings and other associated Pink Flamingo meet ups, meetings or activities.
“Event Host” means the social group “The Pink Flamingos”
ACTIVITIES ARE UNLIKELY TO INVOLVE SIGNIFICANT RISK OF PHYSICAL HARM, INCLUDING PERSONAL INJURY, PERMANENT DISABILITY AND/OR DEATH. HOWEVER DUE TO THE PUBLIC AND SEMI PHYSICAL NATURE OF THE MARCHING GROUP – SUCH HARM MAY RESULT FROM YOUR ACTIONS, OR THE ACTIONS AND/OR OMISSIONS OF OTHERS.
In consideration for, and as a condition of my entry as a participant in this Event I:
1. warrant that I am medically fit (including physically and mentally) to participate in the Event and that I have not been advised otherwise by a medical practitioner;
2. warrant that I will inspect the Event area and arenas and all fixtures, fittings, equipment, goods, apparatus or other things supplied, provided or used in or related to the conduct of the Event (‘Event Staging Area’) and agree that I will not participate in the Event unless I am completely satisfied with the adequacy and condition of the Event Staging Area;
3. acknowledge the risk warning set out in bold and capitals above and that the warning constitutes a risk warning pursuant to the Civil Liability Act, 2002 and I agree that I assume all risks in connection with my participation in the activities and acknowledge that the Event Host is not liable for the breach of any express or implied warranty that services it provides will be provided with reasonable care and skill;
4. agree that I will abide by the rules and conditions of the Event including those in any literature or verbal or written instructions and that I will at all times comply with the directions of the Parade Organisation (Sydney Gay and Lesbian Mardi Gras) Code of conduct;
5. agree that I will follow all safety instructions from float leaders and marshalls, choreographers, producers and public service officers, like Police, Ambulance and others that make the event safe for all;
6. acknowledge that I engage in recreational activity at my own risk and except to the extent that the law, including the Competition and Consumer Act 2010 (CCA), provides that liability cannot be extended, waive, release and discharge all and any claim, right or cause of action however arising including from any negligent act or omission of any person, whether or not presently ascertained, immediate, future or contingent, which I may otherwise have for or arising out of loss of my life or injury, damage or loss of any description whatsoever and howsoever caused which I may suffer or sustain in the course of or consequent upon my participation in the Event;
7. acknowledge that to the maximum extent permitted by the CCA, the Event Host excludes liability to me for:
ii. personal injury
iii. the contraction, aggravation, acceleration of a disease; and
iv. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual or community:
(ii) that is or may be harmful or disadvantageous to an individual or community; or
(iii) that may result in harm or disadvantage to an individual or community.
arising out of any failure by the Event Host, its employees or agents to comply with any consumer guarantees applying to the services.
8. to the maximum extent permitted by law, indemnify against any claim, right or cause of action howsoever arising including from any negligent act or omission of any person, whether or not presently ascertained, immediate, future or contingent which I may have for or arising out of loss of my life or injury, damage or loss of any description whatsoever and howsoever caused which I may suffer or sustain in the course of or consequent upon my participation in the Event. Where the Event Host’s liability cannot be excluded we limit our liability to the maximum extent that we are permitted by law to do so;
9. agree that the waiver, release and discharge contained in paragraph 6 above and the indemnity contained in paragraph 8 above shall operate in favour of each of the Event Hosts and the Organisers and their employees, assigns, sponsors, agents, officers, directors and related bodies corporate (as that term is defined in the Corporations Act), each the “Released Persons”, and shall so operate whether or not the loss, injury or damage is due or attributable to an act, neglect or omission (including from any negligent act or omission of any person) of any one or more of the Released Persons;
10. agree that the waiver, release and discharge contained in paragraph 6 above and the indemnity contained in paragraph 8 above may be pleaded as a complete bar to any claim, notice, demand, action, proceeding, litigation or judgment which has or may be brought or made or recovered against any or each of the Released Persons;
11. [if relevant] agree to sign off from my rostered day of work to participate in the Event (Please note that the Event Hosts’ employees MUST be signed off work for the day of the Event);
12. acknowledge and agree that where any of the consumer guarantees under the CCA apply to the services supplied by the Event Hosts and the Organisers, and the CCA voids or prohibits a provision in a contract excluding, restricting or modifying such consumer guarantees, then , to the fullest extent permitted by law, the Event Hosts’ and the Organisers’ liability under or arising out of the supply of services for breach of, or failure to comply with, such consumer guarantees shall be limited at the option of the Event Hosts and/or Organisers to the re-supply of the relevant services by the Event Hosts and/or Organisers or the payment by the Event Hosts and/or Organisers of the cost of having the services supplied again;
13. agree that, without limitation to the waiver, release and discharge contained in paragraph 6 above and the indemnity contained in paragraph 8 above, the liability of an Event Host will be limited to that part of the Event which is located at or held on its premises and an Event Host will not be liable in any circumstance or to any extent for any action arising in relation to that part of the Event which is located at or held on the premises of another Event Host; and
14. I agree that I am over 18 years of age, and am able to freely participate in this event.
15. I agree that I will be participating in this event also to the terms of SGLMG, noting specific attention to any participant that is found to be intoxicated (alcohol and other substances) will be removed from the entry by float marshalls, Mardi Gras staff or public service officers (police, ambulance etc) at their discretion without compensation for removal from the parade entry. Removal from the parade entry/float can also be for misbeahaviour, anti social behaviour, harrasment or verbal or physical abuse to any other participant of our entry or other entires in the parade or spectators.
I HAVE READ CAREFULLY AND UNDERSTAND THIS DECLARATION, WARRANT, WAIVER AND RELEASE, AND HAVING DONE SO, I SUBMIT THIS VOLUNTARILY.
I unconditionally assign to the Event Hosts and the Organisers all right title and interest I may have in any and all audio, audio visual and/or photographic recording of myself in the Event and grant to the Event Hosts and the Organisers permission to use, display, licence, sell and publish or otherwise deal with the audio, audio visual and/or photographic recording of myself, including for the purpose of advertisement, promotion or otherwise. I further agree that any such recording(s) will remain the exclusive property of the Event Hosts and the Organisers.
The Event Hosts and the Organisers collect the personal information on this form to enable the efficient provision and marketing of the Event. The Event Hosts and the Organisers will only use, disclose or otherwise use the personal information collected on this form for the purposes of (or purposes reasonably incidental to) providing and marketing the Event. If you have any privacy concerns or would like to verify information we hold about you, please contact the Organisers on firstname.lastname@example.org