(current as at September 2015)
Entry
1 By entering the Venue you agree that you have accepted and understood as binding on you these Conditions of Entry and any accompanying risks, obligations and responsibilities. It is your responsibility to read and inform yourself of these Conditions of Entry.
2 You acknowledge that you enter the Venue at your own risk and without limitation that you remain responsible for your own safety (and that of those under your supervision) and for your own property. If you choose to enter the Venue, it is possible that incidents may occur which could cause property damage or loss, personal injury or death. By entering the Venue you accept the risks involved with doing so, including but not limited to the risks of property damage or loss, personal injury or death resulting from any of the following:
(a) the movement of horses, greyhounds or other animals (and items used in connection with the movement of them) where contact is made with persons or property (for example: a person being hit, kicked, pushed, bitten, stood on, trapped, or trampled or where an animal breaks through barriers, fences or other enclosures and comes into contact with property or persons);
(b) equipment failure, use or location;
(c) temporary structures (including without limitation umbrellas, marquees and gazebos, chairs), parts thereof or other debris being dislodged by wind, hail, storm, snow and rain coming into contact with persons, vehicles or structures;
(d) harmful acts (whether intentional or inadvertent) committed by persons (such as intoxicated persons) present at the Venue;
(e) an act or omission from trying to prevent or preventing the movement of an animal;
(f) collisions between vehicles, between vehicles and people or between vehicles and structures; or
(g) property being stolen, including for example property within vehicles being stolen.
3 Additional conditions may apply to entry into specific parts of the Venue including but not limited to mounting yards, stables, horse stalls and kennels. Entry to such areas may not be granted to you, or if it is granted, may only be granted on the basis that you agree to such additional conditions.
4 No animals other than Registered Animals, seeing-eye dogs and animals approved by Tasracing subject to conditions are permitted to enter the Venue. Any animals that do enter must remain under the direct control of a responsible and capable adult at all times.
Venue Conditions
5 You (or any person under your supervision) must not, without express authorisation of Tasracing, enter the racetrack, mounting yards, stables, horse stalls and kennels or any other part of the Venue where the movement of animals (horses and greyhounds) occur or any part of the Venue which is restricted or which you are prohibited from entering, as indicated by fencing, cordons, locked doors, signage or otherwise. If you do so, you may be (without limitation) removed from the Venue, banned from attending the Venue in the future and subject to legal action.
6 You must whilst at the Venue comply with:
(a) all relevant laws; and
(b) all reasonable requests and directions given by Tasracing, its staff, appointed officials or other persons authorised by Tasracing.
7 You must not bring into the Venue any alcohol, illegal substance, glass, cans, firearms, weapons, fireworks or any other items that Tasracing deems (in Tasracing’s sole discretion) to be dangerous. Bag searches may be undertaken to ensure compliance with this condition.
8 Veterinarian surgeons are permitted to bring medicine onto the Venue for purpose of treating Registered Animals.
9 You must not engage in any conduct or act towards or speak to any jockey, trainer, member of a film crew, media commentator, steward, or any other official or other Venue patron in a manner which intends to humiliate, is intimidating or offensive, threatens, disparages or vilifies that other person whether on the basis of that other person’s race, religion, colour, descent or national or ethnic origin or otherwise.
10 Tasracing reserves the right to refuse entry to, or remove from the Venue any person who, in the opinion of any Tasracing representative:
(a) is behaving in a manner which has the potential to disrupt the orderly conduct of any Event, cause nuisance or offence to officials or other patrons, harm to persons or animals (horses and greyhounds), or damage to property;
(b) is dressed inappropriately;
(c) is or is suspected to be intoxicated or under the influence of drugs; or
(d) fails to comply with any of the Conditions of Entry or other reasonable directions of Tasracing.
11 You will not do any of the following in or near the Venue:
(a) misuse, deface, damage, remove from the Venue or tamper with any building, fixture, vehicle, apparatus, pipe, electrical equipment, sign or excavate or cause to be excavated any part of the Venue;
(b) post, stick, place or erect portable structures (including umbrellas or selfie sticks) or attempt to post, stick, place or erect portable structures in any area which in the opinion of Tasracing is dangerous or hinders the viewing of an Event or place any poster, placard, bill, banner, print, paper or any advertising material on any building structure, fence, tree or at the Venue, without the prior written consent of Tasracing;
(c) deposit litter, except in a receptacle provided for that purpose;
(d) throw or attempt to throw any stone, bottle, projectile or other object;
(e) disrupt, interrupt or behave in any manner that may disrupt or interrupt any of the Events or other activities at the Venue, distract, hinder or interfere with a person involved in the Event, interfere with the comfort of other patrons on their enjoyment of any of the Events;
(f) act in a manner that may startle, spook, distract, interfere with, endanger or cause alarm and harm to any animal or person present at the Venue, including in any mounting yards, stables, kennels or on the racetrack;
(g) interfere with, obstruct or hinder Tasracing or its employees, agents or contractors in the exercise of their powers, functions or duties; or
(h) smoke in areas within the Venue nominated as non-smoking.
12 You may be requested to provide proof of identity and or age at any time.
Minors
13 Persons under the age of 18 are not permitted entry to the Venue unless accompanied by a responsible adult and must remain within the immediate vicinity of the adult at all times. If you bring children to the Venue, you are responsible for the care, conduct and supervision of those children at all times. You are responsible for any acts or omissions committed by children whom you have brought to the Venue.
14 No children are allowed in the mounting yards, horse stalls, stables and kennels at the Venue under any circumstances.
Car parks and personal possessions
15 You must not park in any area that:
(a) is designated by Tasracing or persons authorised by Tasracing as a no parking area; or
(b) are restricted from parking due to emergency services requirements.
16 Entry into the parking and leaving of vehicles in the car parks at the Venue is at the risk of the driver/rider and passengers.
17 Whilst at the Venue you are responsible for your own property. You must not leave bags or possessions unattended at any time and should ensure all valuables are removed from vehicles.
Rules of Racing
18 Patrons attending racecourses in Tasmania are subject to the Rules of Racing.
19 A person who is disqualified, warned off or otherwise not entitled to enter the Venue under the Rules of Racing are prohibited from entering the Venue.
Recording, use of images and personal information
20 You must not bring into the Venue any photographic, video or audio recording equipment, which may include, without limitation, video recorders, audio recorders, camera tripods, monopods or lenses or commercial digital video equipment. However, you may carry non-commercial photographic, video or audio equipment for purposes that qualify as private and non-commercial.
21 Unless authorised by Tasracing, you must not take or make any video or audio recordings, films, still pictures, photographs or any other image within the Venue nor use, publish or distribute any images, films or soundtracks for profit, gain or public advertisement, display or any other purpose except for private enjoyment of the person taking or making the images or recordings. On request by Tasracing, you must immediately assign to Taracing in writing on a royalty-free basis all intellectual property in the images and recordings and irrevocably consent to Tasracing (and any other persons authorised by Tasracing) doing anything which, but for the consent, would or might infringe your rights in the images or recordings.
22 You must not:
(a) sell, license, publish any images or recordings taken or made inside the Venue (including, without limitation, photographs, video recordings, data recordings or sound recordings);
(b) broadcast or narrowcast by any means whatsoever (regardless of how the images or recordings are obtained including, without limitation, by way of any handheld personal device) any images, sounds, data, results or commentary of or concerning any of the Events or other activities at the Venue;
(c) attempt to sell or distribute any goods or advertising, promotional or political or similar to persons attending the Venue; or
(d) conduct any advertising, promotional or political campaign or activity or commercial marketing (including with others) anywhere at the Venue,
without the prior written consent of Tasracing.
23 You acknowledge that Tasracing and third parties authorised by Tasracing may make or record film, photographs or other forms of moving picture, still picture or any of them of an Event.
24 You hereby grant Tasracing and third parties authorised by Tasracing permission to use images or recordings or other images or likeness of you (including, without limitation, of you attending, viewing or participating in Events or if you are an owner of horse or greyhound present at the Venue, you consent to your horse/greyhound being photographed, filmed and/or recorded) (Image), in any media throughout the world and for any purpose (including promotional purposes), without identification, nor further request for consent or compensation of any kind.
25 Tasracing and third parties authorised by Tasracing may collect personal information about you to the extent necessary for it to operate the Venue and Events and to help promote the Venue and Events. In particular, Taracing and third parties authorised by Tasracing, may collect your name, address and phone number to conduct research, marketing and promotional activities on behalf of Tasracing.
26 You have certain rights to access your personal information held by Tasracing and can request access by contacting Tasracing’s Privacy Officer at Tasracing Pty Ltd PO Box 730 Glenorchy TAS 7010 or visit Tasracing’s website at http://tasracing.com.au/privacy-policy/ for its privacy policy.
Breach of Conditions of Entry
27 If you breach these Conditions of Entry, or Tasracing with reasonable cause so directs, you may be refused entry to the Venue, be removed from the Venue, have your vehicle towed (at your expense) or be reported to an appropriate law enforcement body.
28 Tasracing is entitled to take any action or remedy specified in these Conditions of Entry and may withhold or revoke its consent as it desires. This does not limit any other rights, remedies or other actions available to Tasracing at law.
Liability and Indemnity
29 To the fullest extent permitted by law, Tasracing shall not be liable for any Loss sustained by you or persons under your supervision (including children) arising out of or as a direct or indirect consequence of your attendance at the Venue, participation in any Event or use of any item of Tasracing’s equipment, except only to the extent such Loss was directly caused by Tasracing’s gross negligence or wrongful act or omission.
30 Any liability of Tasracing to you or persons under your supervision (including children) under these Conditions of Entry or otherwise will not extend to loss of chance, profit, revenue, income, dividends or winnings or indirect or consequential loss.
31 You indemnify Tasracing against all Loss which Tasracing may sustain arising out of or in connection with any of your acts or omissions or those of any persons under your supervision (including children) while at the Venue, except only to the extent that such Loss was directly caused by Tasracing’s gross negligence or wrongful act or omission.
Variations and Severance
32 Tasracing reserves the right to update or modify these Conditions of Entry at any time without prior notice and you agree to abide by the most recent version of this Conditions of Entry each time you enter the Venue. In the event that any changes are made, the revised terms and conditions shall be posted on Tasracing’s website immediately.
33 Nothing in these Conditions of Entry shall limit your rights under the Australian Consumer Law and to the extent that any provision in these Conditions of Entry is illegal or unenforceable for any reason that provision (or part of the provision) is severable but does not invalidate the remainder of these Conditions of Entry.
Definitions
34 In these Conditions of Entry, unless the contrary intention appears, a word importing the singular includes the plural (and vice versa) and “includes” in any form is not a word of limitation and:
Code of Racing means, according to the context, thoroughbred racing, harness racing or greyhound racing.
Conditions of Entry means these Conditions of Entry, as amended from time to time.
Event means any event at the Venue including but not limited to racing, trialling or training for all Codes of Racing.
Licensed Person mean racing participants in the relevant Code of Racing, that are licensed and/or registered with ORI.
Loss includes any present or future, actual or contingent, claim, cause of action, complaint, liability, loss, cost, damage, charge, expense, harm or injury (to either person or property) including by any third party .
ORI means the Office of Racing Integrity, which is a division of the Department of Primary Industries, Parks, Water and Environment.
Registered Animal means a greyhound or horse registered by ORI.
Rules of Racing means national and local racing rule for all Codes of Racing as contemplated by the Racing Regulations Act 2004 (Tas).
Tasracing means Tasracing Pty Ltd (ACN 137 188 286).
Venue means the ground at which an Event is conducted, being the address of the designated ground where the Event is to take place, together with any other public areas near the Venue that are controlled by or on behalf of Tasracing at the time of the Event.
you includes an individual member of the public that enters the Venue, a Licensed Person and where a person enters the Venue as a representative of a third party means that person in their own capacity and in their representative capacity. your, yours and other grammatical variances of that concept in these Conditions of Entry have the corresponding conceptual meaning in the context they are used.