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Race Waiver

SWIMMER DECLARATION 2019 (Waiver)

This information is subject to change and will continue to be updated.  Last updated 28th September 2019.

All swimmers (or their legal guardian if under 18 years of age) will be required to sign a hardcopy of the waiver to be handed in at check-in.  The waiver will be emailed out with your e-ticket the in the week before the swim.

  1. In consideration of and as a condition of acceptance by Busselton Allsports Inc (“Organisation”) of my entry in the SunSmart Busselton Jetty Swim 2019 (“the Event”) I 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 Organisation 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.
  2. I hereby indemnify, release and discharge the Organisation. together with all persons and entities involved or otherwise engaged in promoting, staffing or operating the Event (including and without limitation Busselton Surf Life Saving Club Inc, Surf Life Saving Western Australia Inc and the Organisation’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.
  3. 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.
  4. I hereby consent for myself to receive such medical treatment that may be deemed advisable in the event of injury, accident and/or illness during or immediately after the Event.
  5. I hereby acknowledge and agree that the Organisation 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 Organisation, 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) Should it be required under any statutory framework or should the Organisation be so directed or ordered by any authority or agency with relevant jurisdiction; or
    (c) Should any circumstances reasonably outside the control of the Organisation necessitate modification or cancellation of the Event
    In event of such modification or cancellation of the Event the Organisation will have no obligation to refund my Event entry fee or any portion thereof.
  6. I agree to participate in the Event in accordance with the race rules and conditions as determined by the Organisation.
  7. 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 Organisation, including but not limited to official event results and my name, postcode, suburb, age group, gender, event race number and finish time.
  8. I grant the Organisation 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.
  9. I undertake to use my best endeavors to complete the Event for which I have entered:
    (a) In case of the 3.6km Solo event, within 3 hours of my official start-time; or
    (b) In case of the One Mile Swim to Shore, within 90 minutes of my official start-time; or
    (c) In case of the Kids Swim, within 30 minutes of my official start-time.
    I acknowledge and agree should I not complete the said the Event within abovementioned timeframe:
    (d) To leave the water when instructed to do so by a race official; and
    (e) 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.
  10. 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, human error and/or participants’ (including my) failure to participate in a safe and reasonable manner or to comply with these terms and conditions of entry or the race rules or directions from Race officials; and
    (d) I have read and understood this warning and voluntary accept and assume the inherent risks in participating in the Event.
  11. Under the provisions of the Fair Trading Act 1999 (“Act”) several conditions are implied into contracts for the supply of certain goods and services. Pursuant to the Act the Organisation is required to ensure that the recreational services supplied to you as part of the Event are:
    (a) rendered with due care and skill; and as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
    (b) reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.
    Under section 32N of the Act, the Orgnaisation is entitled to ask you to agree that these conditions do not apply to your participation in the Event. By signing this entry form you are agreeing that your rights to sue the Organisation under the Act if you are killed or injured because the services in relation to your participation in the Event were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this form and to the maximum level permitted at law.
    NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” is defined in the Fair Trading (Recreational Services) Regulations 2004.
  12. I agree that, if anything in these terms and conditions of entry or race rules are 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.
  13. I acknowledge and agree that the Organisation 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 or on the Event Website: www.busseltonjettswim.org.au
  14. I acknowledge and agree that:
    (a) The Organisation will issue me during “check-in” on a loan basis with an electronic timing chip device and ankle strap (“Timing Device”) for use of timing my participation in the Event:
    (b) I must return the Timing Device to the area designated by the Organisation for that purpose as soon as I have completed, or withdrawn from, the Event, but in any event not later 5:00pm on the day of the Event; and
    (c) I shall be liable for payment of. an amount of $AUD25 (including GST) to the Organisation if I fail to return the Timing Device in accordance with sub-clause (b), which amount will be payable on day of the Event at the “check-in” point or otherwise on demand.
  15. I acknowledge and agree that:
    (a) A limited number of participants will be allowed to participate in the Event;
    (b) The Organisation reserves the right to determine in its sole discretion the number of participants for the Event; and
    (c) The Organisation reserves the right to accept or reject any entry at their discretion and also to issue special invitations.
  16. I acknowledge and agree that:|
    (a) I have read and fully understand these terms and conditions of entry and the race rules;
    (b) I fully understand the legal consequences of agreeing to these terms and conditions of entry and the race rules and the risk of participating in the Event;
    (c) I have the legal capacity to enter into these terms and conditions of entry and to accept the race rules;
    (d) I agree to be bound by and to comply with these terms and conditions of entry and the race rules; and
    (e) Completion of the online entry form and payment of the entry fee for the Event will be prima facie evidence of my agreement to and acceptance of these terms and conditions of entry and the race rules.

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