HX 2022 Terms & Conditions
AUSTRALIAN EVENT T&C's
In registering for this event, delegates:
acknowledge and agree that photographs or audio or video recordings containing the image, voice or likeness (Recordings) of delegates (including you) may be taken, captured, or made by Harcourts Group Australia or any officer, director, employee, agent, subcontractor, or volunteer of Harcourts Group Australia (Personnel);
give unconditional and irrevocable consent for Harcourts Group Australia and its Personnel to use the Recordings and any information previously provided by delegates to Harcourts Group Australia (including any personal information or other content) (Content) in perpetuity without restriction as to changes or alterations, and to disclose any personal information that is contained in any Recording or Content, to any person and via any medium for promotional, news, on-line/multimedia, research and/or educational purposes or otherwise for the purposes of providing delegates with promotional offers, special catering, and physical requirements, name tag creation, event options or any other matter which Harcourts Group Australia may deem relevant to the event;
acknowledge and agree that delegates are not entitled to any remuneration, royalties or any other payment from Harcourts Group Australia in respect of the use of any Recordings or Content;
acknowledge and agree that as between delegates and Harcourts Group Australia, Harcourts Group Australia is the sole legal and beneficial owner of all intellectual property rights in and attaching to any Recordings and consent on an irrevocable, worldwide, and perpetual basis, to the infringement of all moral rights delegates may have in and to any such Recordings;
acknowledge and agree that Harcourts Group Australia may assign or transfer the benefit of the consent given under these conditions to any person; and
release, discharge, and hold harmless, Harcourts and its Personnel from any, and all liability for any expenses, costs, liabilities, claims, actions, proceedings, damages, judgments, and losses of any kind whatsoever (including consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) (Losses) that they may hereafter have by reason of anything contained in the Recordings or Content. Should a delegate not agree to these conditions, they must advise Harcourts in writing firstname.lastname@example.org.
Delegates acknowledge and agree that their attendance/participation at the event is at their own risk. Delegates are advised to effect their own insurance to cover all risks including (but not limited to) costs of travel, accommodation, fees, personal property, health and medical expenses, injury, death, and all other risks. Delegates hereby release and hold harmless Harcourts Group Australia and its Personnel from any liability for any losses suffered by delegates in relation to their participation in the event (including for the avoidance of doubt travel to and from the event). Nothing in this clause limits or excludes liability: (a) for personal injury or death caused by negligence; (b) for fraud; or (c) to the extent such limitation or exclusion is not permitted by applicable law, and such terms are severable and do not invalidate the remaining terms.
To the extent permitted by the law, delegates indemnify Harcourts Group Australia and its Personnel against any Losses incurred or suffered by any of them which arise out of, are caused by, are attributable to or result from any breach of these terms and conditions, breach of any warranty or any wrongful or negligent act or omission by the delegate.
COLLECTION AND USE OF INFORMATION:
Furthermore, Harcourts Group Australia may record or use any information delegates provide for the purpose of conducting the event, including but not limited to providing those details to any sponsors, exhibitors, designers, printers, venues, and accommodation providers associated with the event or such other relevant third parties. Should you wish 'opt-out' from your details being passed on to such third parties, please advise Harcourts in writing email@example.com.
SPECIAL DIETARY OR PHYSICAL REQUIREMENTS:
Will not be catered for unless requested before the event registration closing date. Please indicate any requirements on your registration form or email with your specifications.
CANCELLATION OF EVENT:
If the event is cancelled by Harcourts Group Australia due to the unlikely event of an earthquake, flood, or other natural disaster, delegates will receive a full refund of their event registration payments.
Please purchase carefully as no refunds will be offered to the extent permitted by law. Notwithstanding this clause, where the event is to take place in an area or where the delegate is coming from an area where there has been an increase in reported COVID-19 cases, and the delegate has safety concerns in attending the event, the delegate may notify Harcourts of its intention not to attend the event and request a refund. The decision to grant a refund will be made by Harcourts in its discretion at all times acting reasonably.
Harcourts will use reasonable efforts to ensure that delegates' attendance at the event will be as comfortable and enjoyable as possible. Harcourts provides the event on the condition that Harcourts Group Australia, its employees, delegates, agents, and sub-contractors cannot be held liable for any loss, damage, or inconvenience, however arising, experienced by delegates at the event, including while travelling to or from the event venue, hotel and their office/home location.
The safety of delegates, attendees, and staff is of paramount importance, and Harcourts has requested that the relevant venue provider take necessary steps to minimize the potential spread of COVID-19. Although it is intended that the event will take place on a face-to-face basis, Delegates acknowledge that if at the time of the event any government regulations or restrictions related to COVID-19 limit or prohibit the ability of delegates to attend in person, Harcourts Group Australia reserves the right to vary the nature of the event (which may include transitioning the event to a virtual platform), or alternatively, postpone or cancel the event. Harcourts Group Australia will refund any registration fees where the event is cancelled or provided on a virtual basis; however, any registration fees will be transferred to that new date where the event is postponed.
Notwithstanding the above, Delegates acknowledge the contagious nature of COVID-19 and further acknowledge that in no way does Harcourts Group Australia or the venue provider in any way provide any warranty or representation that Delegates will not become infected with COVID-19 by attending the event. Accordingly, Delegates understand that there is a risk of becoming exposed to and/or infected by COVID-19 whilst attending the event as a result of the actions, omissions, or negligence of the delegate or other attendees, including, but not limited to, Harcourts Group Australia staff, venue staff, and third parties. Attendance at the event is at the delegate's own risk. Delegates agree to strictly comply with all venue provider’s, relevant State Government’s or Harcourts Group Australia policies, procedures, instructions and directions while attending the event.
Delegates further acknowledge and agree:
* that Delegate has not been diagnosed with Covid-19 at the time of the event and/or is not experiencing any symptoms of illness such as a cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell immediately prior to attending the event. Delegate agrees not to attend the event whilst experiencing such symptoms.
* that Delegate may be required to be double-vaccinated to enter the venue and may be required to show proof of vaccination. In the event Delegate has not been vaccinated or is unable to provide proof of vaccination, Delegate may be refused entry by the venue provider;
* to comply with any mask mandates or social distancing requirements issued by the venue provider or relevant State Government in place at the time of the Event;
* Delegate has not travelled to any Covid-19 hotspots, within the last 14 days prior to the event;
* Delegate and/or a household member has not been a close contact with a confirmed Covid-19 case within 14 days prior to the event or Delegate has not been required to self-isolate or quarantine as required by any government direction.
* Delegate does not believe they have been exposed to someone with a suspected and/or confirmed case of COVID-19, or who has travelled internationally, or returned to Australia from overseas, within 14 days prior to the event.
* Delegate has not been diagnosed with Covid-19 and not yet cleared as non-contagious by health authorities.
* Delegate is following all recommended guidelines as much as possible and limiting exposure to COVID-19.
Delegate hereby releases Harcourts Group Australia, its officers, and employees from all liability, causes of action, claims, demands, damages, costs (including the cost of treatment), expenses, and compensation for injury (including death) arising out of any contraction by Delegate of COVID-19, or any other virus, whilst attending the event. Delegate also hereby indemnifies Harcourts Group Australia and agrees to hold them harmless from all liability, causes of action, claims, demands, damages, costs (including the cost of treatment), losses, expenses, and compensation for injury (including death) arising out of the contraction by any person of COVID-19, or any other virus, whilst attending the event where such action can be traced back to delegate's actions or omissions.
Delegates acknowledge that Harcourts Group Australia may withdraw your right to participate in or otherwise cancel the event at any time in its absolute discretion and that any such decision by Harcourts Group Australia will be final and binding and no correspondence will be entered into in this regard. Should this occur, Harcourts Group Australia will provide delegate/s with a full refund of their event registration payments, and to the extent permitted by law, Harcourts Group Australia will not be liable to delegates for any other Losses suffered.
If any provision or part of a provision of these terms and conditions can be read in a way that makes it illegal, unenforceable, or invalid, but can also be read in a way that makes it legal, enforceable, and valid, it must be read in the latter way.
Should any provision of these terms and conditions be held to be unenforceable, such provision will be deemed severed from these terms and conditions without affecting the enforceability or validity of the remaining provisions which shall continue in full force and effect.
Harcourts Group Australia reserves the right to make amendments to these terms and conditions from time to time at its sole discretion and without notice.
These terms and conditions are governed by the laws of Queensland, Australia and Harcourts Group Australia and all delegates irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and waive any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.