Moriarty Cup 2024 Player Terms & Conditions
These Terms & Conditions set out the agreed terms between Moriarty Foundation Ltd (Moriarty) and you (You or Your or Yourself) in relation to your participation in the 2024 Moriarty Cup Charity Football Tournament (Moriarty Cup). Please read these Terms & Conditions carefully.
1. Venue
1.1 The Moriarty Cup takes place at Sydney Football Stadium (known as Allianz Stadium), which is under the care, control and management of Venues NSW.
2. Risk Warning and Acknowledgement
2.1 You acknowledge, agree and understand that:
(a) participating in the sport of football as part of the Moriarty Cup carries with it some degree of risk, both obvious and inherent, that may result in personal injury (including death and catastrophic injury) and/or property damage;
(b)the risks of participating in the Moriarty Cup include, but are not limited to the following:
(i) concussion, twists, sprains, strains, fractures, broken bones, lacerations, bruising, skin rashes, burns and other physical injuries;
(ii) spinal injury, including paraplegia;
(iii) spread of infection;
(iv) mental injuries;
(v) paralysis;
(vi) death;
(vii) loss or damage to body parts;
(viii) the aggregation, acceleration or recurrence of any pre-existing injuries You may have;
(ix) the contraction, aggravation or acceleration of a disease, virus, bacterial infection or parasite, contracted from other participants, plants, animals or microorganisms; and
(x) the coming into existence, 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:
(A) that is or may be harmful or disadvantageous to the individual or community; or
(B) that may result in harm or disadvantage to the individual or community.
(c) Your participation in the Moriarty Cup may involve:
(i) risks generally; and
(ii) particular risks as described above in paragraph 1.1(b);
(d) the risks associated with the Moriarty Cup have been explained to You and You undertake such risk voluntarily and at Your own risk;
(e) Your participation in the Moriarty Cup is undertaken with one or more persons as part of a group and that Moriarty is not liable for the actions of other participants in the Moriarty Cup;
(f) the risk warning provided in the preceding paragraphs constitutes a ‘risk warning’ for the purposes of Part 1A, Division 5 of the Civil Liability Act 2002 (NSW).
2.2 While participating in the Moriarty Cup, You acknowledge and agree to:
(a) abide by any rules, reasonable directions and/or instructions provided to you by Moriarty, its officers, employees and/or agents, including Allianz Stadium Conditions of Entry;
(b) wear appropriate clothing and footwear;
(c) wear safety equipment (as applicable);
(d) apply maximum protection sunblock cream on all exposed skin prior to the Moriarty Cup commencing and during the Moriarty Cup as required;
(e) not engage in any reckless, negligent or foolish behaviour or any other behaviour that is likely to cause injury to Yourself, any other participant, or any other person.
3. Health, Fitness and Medical Disclosure
3.1 You agree that participating in the Moriarty Cup may be physically strenuous and that You are medically fit and in proper physical condition to participate in the Moriarty Cup.
3.2 You agree that You will disclose to Moriarty any underlying or pre-existing medical conditions, or other conditions, injury or concern relevant to You participating in the Moriarty Cup, including that may affect the risk that either You or any other person will suffer injury, loss or damage during the course of the Moriarty Cup and notify Moriarty of any injuries, illness or concerns that may rise prior to Your participation in the Moriarty Cup.
3.3 You agree that Your health and fitness needs to be appropriate to participate in the Moriarty Cup and acknowledge that Moriarty recommends that You should seek medical advice if You are uncertain of whether Your health or fitness is appropriate to participate in the Moriarty Cup.
3.4 In the event of an emergency, You acknowledge and agree that absent of your instructions, Moriarty may authorise any emergency treatment deemed necessary for Your immediate care.
4. Waiver and Release
4.1 Section 139A of the Competition and Consumer Act 2010 (Cth) (Competition and Consumer Act) permits Moriarty (in its capacity as the service provider) of the Moriarty Cup to ask You to agree that the statutory guarantees given under the Australian Consumer Law (Cth) (Australian Consumer Law) do not apply to You.
4.2 You acknowledge, agree, and understand, to the full extent permitted by the law (including section 5N of the Civil Liability Act 2002 (NSW) (Civil Liability Act) and section 139A of the Competition and Consumer Act:
(a) Your rights to sue Moriarty, its servants and agents, in relation to the Moriarty Cup, if the services comprising the Moriarty Cup were not provided to You in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded, restricted or modified as set out below; and
(b) You release Moriarty, its servants and agents, from all liability for a failure to comply with any express or implied warranting or guarantee that the services will be provided with reasonable care and skill as set out below.
4.3 You acknowledge, agree and understand that, to the full extent permitted by law, the liability for any breach of warranty or guarantee by Moriarty for the following, in connection with Moriarty’s supply of recreational services (as that term is defined in the Australian Consumer Law and any similar state laws including the Civil Liability Act) is excluded:
(a) death;
(b) physical or mental injury (including aggravation, acceleration or recurrence of such an injury);
(c) the contraction, aggravation or acceleration of a disease;
(d) 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:
(i) that is or may be harmful or disadvantageous to You or the community;
(ii) that may result in harm or disadvantage to You or the community;
that may be suffered by You.
4.4 In accordance with section 139A of the Competition and Consumer Act, the exclusion in paragraph 4.3 does not apply to liability for significant personal injury sustained by You if the significant injury is caused by the reckless conduct of Moriarty, its servants and/or employees.
4.5 The conduct of Moriarty, its servants and/or employees is only considered to be reckless if Moriarty, its servants and/or employees:
(a) is aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person; and
(b) engages in the conduct despite the risk and without adequate justification.
4.6 To the full extent permitted by law, You agree to waive and/or release Moriarty, its servants and agents, from any claim, right or cause of action in tort which You or Your heirs, successors, executors, administrators, agents and assigns might otherwise have against Moriarty, its servants or agents, for or arising out of Your death, or physical or mental injury, disease, loss and damages, or economic loss of any description whatsoever which You may suffer or sustain in the course of, consequential upon or incidental to your participation in the Moriarty Cup, whether caused by the negligence of Moriarty, its servants and agents, or otherwise.
4.7 You acknowledge, agree and understand that:
(a) Moriarty will permit you to participate in the Moriarty Cup and provide You with the associated services, in part in consideration of You ticking the box via the online form;
(b) Moriarty may rely on this document in any proceedings commenced in any Court by it or by executors and assigns; and
(c) the law of the New South Wales governs this document.
4.8 You do not have to agree to exclude, restrict or modify or waive your rights against, or release Moriarty, its servants and agents, from any claims by ticking the box via the online form, however, Moriarty Foundation may refuse to allow You to participate in the Moriarty Cup or to provide You with the associated services, if You do not agree to exclude, restrict, modify, or waive your rights against, or release Moriarty, its servants or agents, by ticking the box via the online form.
4.9 Even if You tick the box via the online form, You may still have further legal rights available to You.
5. Severability
5.1 If a provision of these Terms & Conditions is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
By ticking the box via the online form, You are confirming all information in these Terms & Conditions is understood and agreed by You.
