TERMS AND CONDITIONS

U24 EVENT WAIVER

These terms and conditions (Event Waiver) apply to all swimmers participating in the Event and each swimmer agreed to be bound by the Event Waiver by ticking ‘Accept Event Waiver’ in the registration process on the Event website.

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In consideration of and as a condition of acceptance by the Event Organiser of my entry in Event for myself, my heirs, executors, administrators and legal personal representatives hereby waive all and any claim, right or cause of action which I or they might otherwise have or at any future time have against the Event Organiser for or arising out of loss of life or injury (including psychological trauma) damages or loss of any description whatsoever (including property damage) which I or my equipment may suffer or sustain in the course of, or consequent upon, my entry or participation in the Event howsoever arising except to the extent limited or prohibited by law.

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I hereby indemnify, release and discharge the Event Organisers together with all persons and entities involved or otherwise engaged in promoting, staffing or operating the Event Organiser’s other suppliers and Event sponsors, hosts, promotors and land owners and lessees (referred to as “Event Partners”) together with their employees, officials, members, volunteers, agents and contractors, from all liability for loss of life or injury, (including psychological trauma), damages or loss of any description whatsoever (including property damage) which I or my equipment may suffer or sustain in the course of or consequent upon my entry or participation in the Event howsoever arising except to the extent limited or prohibited by law.

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I hereby declare that I am medically and physically fit and psychologically fully capable of participating in and have undertaken adequate training for the Event.

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I warrant that prior to participating in the Event I:

a) am and must continue to be medically and physically fit and able to undertake and participate in the Event;

b) am not a danger to myself or to the health and safety of others;

c) have not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells; and

d) I am not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for me to take part in a recreational activity including participating in the Event.

I confirm that I am and that my support kayaker is eighteen (18) years of age or older at the time of my entry and agree that if I am or my support kayaker is found to be younger than 18 years of age I will be disqualified from the Event and no refund will be given.

I agree and accept that the only insurance coverage maintained by the Event Organiser for the Event is public liability cover which may not cover any damage or loss I or my kayaker may suffer and any loss or damage incurred will be my sole responsibility.

I consent to receive such medical aid or preventative treatment, including ambulance transportation, which may be deemed advisable in the unfettered discretion of medical personnel and lifesavers in the event of any injury, accident, or illness to me as the result of my participation in the Event.

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I acknowledge and accept that the Event officials and any on water support event volunteers or staff have the authority to disqualify me if they believe that I should not continue in the Event for medical reasons.

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I acknowledge that I must, and I agree that I will, disclose any pre-existing medical or other condition that may affect the risk that either I or any other person will suffer injury, loss or damage. I acknowledge that Event Organiser rely on information provided by me and that all such information is accurate and complete. I will report any accidents, injuries, loss or damage I suffer during the Event to the relevant Event Organiser before I leave any relevant venue or race area. I hereby acknowledge and agree that the Event Organiser will have the right to modify the Event or any aspect thereof (including the race rules) or to cancel the Event:

a) In event of any circumstances which prior to or during the Event, in the sole discretion of the Event Organiser, pose or may pose an unacceptable risk or danger to people or property. Without derogating from the generality of the above, such circumstances may include but are not limited to storm, rain, winds, currents, attack or risk of attack by sea creatures or any other inclement weather or ocean conditions;

b) if required under any statutory framework or should the Event Organiser be so directed or ordered by any authority or agency with relevant jurisdiction; or

c) due to any circumstances reasonably outside the control of the Event Organiser necessitate modification or cancellation of the Event,

d) In event of such modification or cancellation of the Event the Event Organiser will have no obligation to refund my Event entry fee or any portion thereof.

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I agree to participate in the Event in accordance with the Event Rules and conditions as determined by the Event Organiser.

I acknowledge and agree that details of all Event participants will be entered into a database and publicly published/displayed by or on behalf of the Event Organiser, including but not limited to official event results and my name, postcode, suburb, age group, gender, event race number and finish time.

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I grant the Event Organisers and all Event Partners a royalty free worldwide licence in perpetuity, to use and allow the use of my name, image, likeness, voice, interview and statements in broadcasts, telecasts, web casts, media press materials, promotional materials and otherwise in connection with the Event.

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I acknowledge that I must complete the Event within 9 hours from the official start time. Should I not complete the said Event within the abovementioned timeframe I agree to leave the water when instructed to do so by a race official; or should I not leave the water when instructed to do so, that I may be removed by Event officials from the water for my own safety and for the safety of others and may be disqualified and/or banned from future events.

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I acknowledge and agree that:

a) Participation in the Event is inherently dangerous and physically and psychologically demanding;

b) Participation in the Event could result in serious injury or death to/of participants (including me);

c) The risk of injury or death may be aggravated by changing sea and weather conditions, attacks from or contact with sea creatures (like sharks, stingers, jelly fish or blue bottles), other participants, vessels debris or other objects in the ocean,

d) human error and/or participants’ (including my) failure to participate in a safe and reasonable manner d) I have read and understood this warning and voluntary accept and assume the inherent risks in participating in the Event.

I agree that, if anything in this Event Waiver is to be considered to be unenforceable, illegal or void for any reason then it shall be read down and, if necessary, severed so that the balance of these terms and conditions of entry and race rules remain of full force and effect.

I acknowledge and agree that the Event Organiser may in its sole discretion vary or supplement the terms and conditions for entry and/or participation in the Event by giving reasonable notice and that such notice may include but will not be limited to such varied or additional terms and conditions being displayed or publicly announced at the Event Venue or at the Event starting point.

I acknowledge and agree that the Event Organiser reserve the right to determine in its sole discretion the number of participants for the Event and the right to accept or reject any entry at their discretion and also to issue special invitations.

I declare that all the information supplied by me in the Event registration system is true and correct.