TERMS & CONDITIONS
For the purposes of this Agreement:
‘Bend The Air’ means Bend The Air’s affiliates, service providers, suppliers, volunteers and sub-contractors.
‘Persons’ includes companies and corporations.
1.1 The following Terms and Conditions shall be binding on you (and for the purposes of this Agreement, the persons you represent) when entering any competitions operated by Bend The Air, or any company or website owned or controlled by Bend The Air.
1.2 Bend The Air may, in its discretion, amend, change or supplement as it relates to your future use of the website from time to time. Any changes will be effective immediately upon publish on the website.
2. Safety & Compliance
2.1 This Agreement applies to all Bend The Air participants. Entry and participation in any competition shall be deemed an unconditional acceptance by you of these Terms.
2.2 Your agreement with Bend The Air is not exclusive of these Terms but in addition to any written agreements that you have relating to your interactions with Bend The Air generally.
2.3 You confirm and warrant that to the best of your knowledge your general state of health is good and you have no medical condition that could be adversely affected by strenuous exercise or any of the events or activities planned or reasonably expected to be involved in the competition.
2.4 You agree to co-operate and comply with all reasonable requests of Bend The Air and its agents and employees in connection with the competition.
2.5 All activities are undertaken at your own risk as per the Participant Agreement, Waiver & Release.
2.5.1 You must take reasonable steps to ensure the health and safety of yourself and others.
3.1 Bend The Air collects only that information which is necessary for the conduct of our business relationship with you.
3.3 Bend The Air abides by the stringent requirements of the Commonwealth Privacy Act (1988) to treat any information provided by the general public as confidential. Bend The Air recognises this and takes very seriously its responsibility to protect and maintain the security, privacy and accuracy of personal information.
3.4 Bend The Air will not sell, share or trade any information we hold about you to anyone outside Bend The Air unless required by law.
3.5 By using an application, database or website (collectively ‘IT System’) made available or provided by Bend The Air you acknowledge and agree that:
3.5.1 You are responsible for any user content submitted by you on posted by you on an IT System. This is inclusive, but not limited to, general enquiries and audition submissions.
3.5.2 You warrant that all user content entered into any IT System is true and correct and accept that user content is collected in the form of data for the purposes of providing product information and associated services. The information collected is dependent on the purpose for which it is collected.
18.104.22.168 Personal information held by Bend The Air can be updated at any time by contacting Bend The Air via email.
3.6 You may opt-out of these communications at any time via email to email@example.com and we will remove you from our mailing list. This is provided at the end of all email communications with Bend The Air.
3.7 Under no circumstances shall Bend The Air or any of its associates be liable for damages resulting from the use or the inability to use the IT system.
3.8 Bend The Air’s IT system contains hyperlinks to other IT systems and, in such an event, are not responsible for the privacy practices of such systems.
3.9 Any illegal or unauthorised use of an IT system shall constitute a violation of our Terms and Conditions. This usage includes, but is not limited to creating products or services derived from our content or in any other way to exploit our content.
4.0 Code of Conduct
4.1 Bend The Air 2020 aerial competition is open to all artists, of all nationalities, male and female over the age of twelve!
4.2All competitors must complete and sign the waiver. Additionally all competitors under the age of 18 years old must provide parental consent.
4.3All competitors must act professionally and within our etiquette standards and Code of Conduct.
4.4Competitors and their associated parties must comply at all times with staff, volunteers and competition organisers.
4.5Competitors must not be under the influence of alcohol or drugs at any duration throughout the competition.
4.6Whilst in association with the competition, professionalism and cooperation towards other competitors, judges and competition organisers is mandatory.
4.7All competitors agree to the capture and usage of any media - photos and videos - for the purpose of publicity and promotion.
5.0 Rigging & Safety
5.1Any competitors intending to bring and use their own apparatus (including any spanset/rope/strap) must state so in the competitor form and ensure all information provided is correct. Please include a photo and company/brand apparatus was purchased from. If this information has not been submitted, you will not be permitted to use your own apparatus
5.2With regards to rigging safety, all performers are expected to follow the instruction of the studio staff and professional rigger.
5.3No persons are permitted to enter the staging area (except those approved for purposes of prop placement) during the course of the performance; this is regarded as the time the music starts until it ends. A maximum of 30 seconds will be allocated per performer for prop set up.
5.4Prior to competition, it will be compulsory for performers to attend a tech run with full costumes and props to set the desired height of their apparatus.
5.5For the safety of the competitor, all drops on silks must finish with at least 1.5m between the safety mat and the lowest point of the drop. In accordance with (a), if the head rigger/show director determines that the height is too dangerous for the skills to be executed, the head rigger/show director has the authority to adjust the height.
5.6Under no circumstances are performers permitted to hang from anything other than their apparatus.
5.7As per the audition criteria all performers are required to have a safety mat. This is optional in the Elite division at the discretion of the applicable performer with no-point deduction. The stage space for all competitors is 6m x 6m and includes a 30mm gymnastics flooring. The safety mat provided is 1.8m x 1.8m x 0.3m. Consideration must be given for swinging and/or spinning throughout routines. Swinging outside of this designated area will result in disqualification if deemed unsafe.
6.1Bend The Air has granted exclusive, limited license to the hired photographer for the taking of performer photographs during the event. The photos may contain the performer, their attire and any property brought onto the premises. Subject to the rights and licence granted to the hired photographer, Bend The Air will retain ownership to the rights and interests of all photos and copies of these photos. Bend The Air retains the right to use the photos on social, online, print, and other media.
6.2 Any photos obtained via the Bend The Air Competition may not be used in a way that allows distribution. The photos shall not be used for/used in the promotion of any business not pertaining to Bend The Air or the competition venue.
7.1The judges decision is final. Should you feel the need to protest the decision of the judges – this must be provided in writing within 30 minutes prior to the announcement of the award. After this time competitors release their right to make any formal protest regarding the results of the competition. Any protests will be put to the committee, whose decision is final.
8.1 Bend The Air endeavours to provide accurate information through the IT system. Nevertheless, errors may occur. Bend The Air reserves the right to change other information available through the IT system at any time without any notice or liability to you.
8.2 Any issues not already addressed within this Agreement or associated Bend The Air materials will be made by Bend The Air in due course.
8.3 Failure by Bend The Air to enforce any provision or right of these Terms and Conditions shall not constitute a waiver of that right or provision, nor shall it affect Bend The Air’s right to subsequently enforce that provision.
9.0. Termination of this agreement
9.1 The Terms and Conditions are available on bendtheair.com.au.
9.2 If you breach any provision of this agreement, you may no longer use the IT system.
10. Other Matters
10.1 No article in this Agreement is to be interpreted as excluding, restricting, or modifying the application of any legislative materials.
10.2 In the case of any discrepancies between the provisions of the Terms and Conditions and the mandatory laws, such laws shall apply in exchange of the Terms. The remainder of these Terms will not be affected thereby and each remaining term or provision will be valid and enforceable to the full extent permitted by the applicable law.
10.3 Any rights not expressly granted by this Agreement are reserved to Bend The Air.
This agreement is subject to change. February 2020.