The NSW Office of Sport (referred to as “us”, “we” or “our”) is dedicated to providing a safe and enjoyable environment for all participants and visitors.
These General Conditions of Entry are applicable to all people (referred to as “you” or “your”) attending the Site and are subject to change without notice, in our sole and absolute discretion.
In consideration of your entry into the Site, you accept to be subject to the following General Conditions of Entry:
1. You agree to:
(a) only access the Site while in possession of a valid registration, booking, ticket, accreditation or invitation to attend a specific program or event and acknowledge that we reserve the right to refuse entry to or remove you from the Site if you do not comply with these entry requirements;
(b) only use those parts of the Site that we have authorised you to use and do so only for the purposes and at the times authorised by us and you acknowledge that we may, at any time, revoke or vary any authorisation;
(c) comply with all our policies or rules applicable to visitors to or users of the Site, including those applicable to particular parts of the Site used by you, where such policies or rules have been notified to you (including by verbal notice or by signage);
(d) comply with all directions given to you by our personnel in relation to your use of the Site including to cease any use;
(e) not consume tobacco products or otherwise smoke at the Site, other than in designated smoking areas;
(f) not consume alcohol at the Site, other than in licensed or designated areas provided that you are not a minor, or to provide alcohol to a minor while at the Site;
(g) neither possess nor use illegal or prohibited substances at the Site or be under the influence of an illegal or prohibited substance when seeking entry to the Site;
(h) not use legal or permissible substances in an irresponsible or dangerous manner at the Site;
(i) provide proof of identity and/or age at any time when requested by us;
(j) not enter residential or tenanted property for any purpose, including the use of their toilet facilities, which are located in the vicinity of some Site facilities;
(k) not solicit, attempt to sell or distribute any goods or advertising, promotional or political materials (or similar) to persons attending the Site without our prior written approval;
(l) only bring or attempt to bring drones and or other remote-controlled devices onto the Site or into the airspace directly above the Site where we have provided prior written approval and, if approved has been provided, must be operated in accordance with any conditions established by the Civil Aviation Safety Authority;
(m) be responsible for your own personal possessions and must not leave bags or possessions unattended at any time.
2. You agree and acknowledge that we may prohibit entry to you or remove you from the Site where:
(a) you are intoxicated, violent, quarrelsome or disorderly, or your conduct is unlawful, or offensive;
(b) you cause a disturbance or refuse to comply with our requests;
(c) you supply or attempt to supply minors on Site with alcohol, tobacco or any illegal or illicit substance;
(d) you are carrying or attempting to bring in alcohol and alcohol beverages, cans, glass and bottles (including PET bottles) unless otherwise expressly permitted by us;
(e) you are carrying or attempting to bring in weapons (not including firearms where expressly permitted by us), laser pointers, fireworks, chains or glow sticks;
(f) you are carrying or attempting to bring in skateboards, skates and scooters unless prior approval has been provided for;
(g) you are or are attempting to interfere with the emergency equipment of the Site;
(h) you are or are attempting to display or wear any lewd or offensive clothing;
(i) you are or are attempting to endanger other visitors to the Site;
(j) you are or are attempting to damage any equipment or assets on the Site that do not belong to you.
3. You acknowledge and agree that:
(a) we may, at any time and without prior notice conduct a random or targeted search that has been duly authorised, and remove any goods, materials, documents, electronic information or substances we believe to be evidence of a possible breach of these Conditions of Entry, any applicable policy or rule or of a law;
(b) you will comply with all reasonable directions given to you by our personnel during any search conducted under paragraph (a), including to remain present for the duration of the search;
(c) evidence of the results of a search conducted under paragraph (a) or the seizure of any goods, materials, documents, electronic information or substances under paragraph (a), including any items found in your possession, may be used against you in any investigation or proceeding;
(d) we may disclose the results of a search conducted and/or provide the items seized under paragraph (a) to any relevant authority including the police.
4. You agree and acknowledge that:
(a) under the Civil Liabilities Act 2002 (NSW) it is clearly noted that:
(i) activities at the Site are of a sporting nature and carry inherent risks of injury; and
(ii) general admission crowds and general access may cause recreational risk.
(b) by entering the Site you acknowledge the risks and in the event you sustain a personal injury, loss or damage to property, you hereby agree to absolve us and our staff from any liability whatsoever for any injury or loss whilst at the Site;
(c) to ensure the safety of patrons and staff, some activities may enforce an age, height, weight limit and/or clothing requirements;
(d) you have assessed your own risk prior to entry to the Site.
5. You agree and acknowledge that:
(a) as a user of the Site, you are not authorised to make any statements on our behalf or to represent yourself as being affiliated, in any way, with us;
(b) images or videos may be taken of you at the Site without your knowledge and you consent to their use by us in any media for the purpose of promoting us or our Site;
(c) closed circuit video security monitoring and recording devices are used throughout the Site and that information obtained from such devices may be used for investigations as to alleged breaches of these conditions, other security investigations and law enforcement purposes and may be provided by us to third parties for such uses.
6. You agree and acknowledge that:
(a) the Site may have water elements, such as pools, dams and ocean or river access and it is your responsibility to maintain constant supervision of any children, if you are their parent or guardian, at all times;
(b) persons under the age of 12 must be under the direct supervision of an adult at all times and we reserve the right to refuse entry to, or to remove from, the Site or to refer to the police any persons under the age of 12 who are without adult supervision;
(c) unless authorised by us, you may not bring animals into the Site (other than an assistance animal if it is in your company and you are its registered owner);
(d) our Sites are an increasingly important wildlife refuge and you must not harass or feed animals, aquatic life or birds, pick flowers, damage grass, take cuttings of plants or otherwise damage, destroy or attempt to damage or destroy animal or plant life except to the extent reasonably necessary for the protection and safety of persons and property;
(e) we reserve the right to close or amend access to the Site or any of the Site facilities, including cancelling any casual Site facility use at any time at our sole discretion including, but not limited to, instances due to the quality and safety of Site facilities as a result of inclement weather and any booking fees will be refunded where appropriate.
7. You:
(a) agree to release us, our officers, employees and agents from all liability to you, whether in contract or tort or under any statute, for:
(i) any illness, injury or death that you may suffer;
(ii) any loss of or damage to your property or to property for which you are responsible; or
(iii) any other loss, liability, cost or expense you may incur, as a result of or in connection with your use of the Site.
(b) agree that this clause 7 survives the end of your access to the Site.
8. You:
(a) indemnify us, our officers, employees and agents against all losses, liabilities, damages, costs and expenses (including legal costs on a solicitor and own client basis) that we, our officers, employees or agents may sustain or incur arising out of or in connection with:
(i) any breach by you of any of these conditions; or
(ii) any negligent, unlawful or wrongful act or omission by you in connection with your use of or access to the Site.
(b) agree that this clause 8 survives the end of your access to the Site.
9. Without limitation to any other clause, you acknowledge and agree that if you do not comply with any of these conditions your use of or access to the Site may be terminated immediately by us.