Terms & Conditions of Entry

Swimmer Waiver

1. In consideration of and as a condition of acceptance by Busselton Allsports Inc. (“Organisation”) of my entry in the Busselton Jetty Swim 2027 (“the Event”) to the maximum extent permitted by law, I 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.
2. I 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, or which I may cause or contribute to, 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. To the extent necessary to perfect my indemnity, release and discharge to Event Partners, I appoint the Organisation as trustee to hold those rights on behalf of the Event Partners. This clause 2 is intended to enure to benefit of those Event Partners notwithstanding that they are not parties to these Terms & Conditions.
3. The release and indemnity included at clauses 1 and 2 bind my attorneys, executors, administrators, successors in title and assigns.
4. I declare that I am medically and physically fit, not showing any signs of sickness, and will not be affected by drugs or alcohol or any other condition, circumstance or factor that may make it unsafe for me to participate in the Event or may increase the risk of harm to me or others on the day of the Event. I am psychologically fully capable of participating in and have undertaken adequate training for the Event.  I undertake to voluntarily withdraw from the event if any of these statements are incorrect on the day of the Event.
5. I acknowledge the Organisation or its authorised representatives may respond to any statement or disclosure by me in any way they reasonably deem fit, including preventing me from competing in or attending the Event.
6. In case of an emergency, I authorise the Organisation or its authorised representatives to arrange for me to receive such medical treatment or first aid as may be deemed necessary. I also undertake to pay or reimburse costs, which may be incurred for medical attention or ambulance transport as a consequence of my involvement in the Event. I  have disclosed with my entry all my medical and physical conditions that might affect my performance or be relevant if medical treatment is needed.
7. I acknowledge and agree that the Organisation will have the right to modify the Event or any aspect of the Event (including the Race Rules) or to cancel the Event at its sole discretion including but not limited to the following circumstances:
   1. Any circumstances such as storm, rain, winds, currents, attack or risk of attack by sea creatures or any other inclement weather or ocean conditions which prior to or during the Event pose or may pose an unacceptable risk or danger to people or property.
   2. 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.
   3. Should any circumstances reasonably outside the control of the Organisation necessitate modification or cancellation of the Event.
8. I agree to participate in the Event in accordance with the Race Rules and any other conditions determined by the Organisation. I further agree to adhere to the Swimmer Code of Conduct and accept that if I breach the Race Rules or Swimmer Code of Conduct, I may be disqualified from the Event or banned from participating in or otherwise attending the Event for a period of up to two years.
9. I agree to participate in the Event safely and reasonably, and to promptly comply with all reasonable directions, instructions and guidance given by the Organisation, Event Partners or their authorised representatives to minimise the risk of harm to me, other swimmers, Event staff, volunteers or any other persons affected by the Event.
10. 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 my name, official event results, my age group, gender, event race number and finish time.
11. I acknowledge that I have read and understood the Organisation’s Privacy Policy and consent to the Organisation collecting, using, storing and disclosing my personal information as reasonably required for the purposes of assessing, administering and managing my volunteer participation in the Event, communicating with me, complying with legal obligations and otherwise in accordance with that privacy policy.
12. I consent to the Organisation and Event Partners collecting, recording, photographing, filming, publishing and using my name, image, likeness, voice, statements, results and other Event-related materials for purposes connected with the Event, including administration, safety, reporting, media coverage, promotion, sponsorship recognition, archival use and promotion of future Busselton Jetty Swim events. This consent applies across all media and formats, provided the use is reasonably connected with the Event or future Busselton Jetty Swim events and is handled in accordance with applicable privacy laws and the Organisation’s privacy policy. I acknowledge that the Organisation owns or controls the intellectual property rights in materials it or its authorised representatives create, curate, edit, compile or publish in connection with the Event, and that these Terms & Conditions do not transfer any such rights to me. I must not reproduce, modify, publish, distribute, commercially exploit or otherwise use those.
13. I undertake to use my best endeavours to complete the Event for which I have entered in a reasonable timeframe.
    1. In the case of the 3.6km Solo Swim, within two hours of my official start time
    2. In the case of the One Mile Swim to Shore, by 11:00am
    3. In the case of the 500m Swim, within 45 minutes of my official start time
    4. In the case of the Kids Swim, within 30 minutes of my official start time
14. I acknowledge and agree that should I not complete the said Event within a reasonable timeframe:
    1. To leave the water when instructed to do so by a race official; and
    2. 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.
15. I acknowledge and agree that:
    1. Participation in the Event is inherently dangerous and physically and psychologically demanding.
    2. Participation in the Event could result in serious injury or death (including to me).
    3. The risk of injury or death may be aggravated by changing sea and weather conditions, attacks from or contact with sea creatures (like large marine species, 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
    4. I have read and understood this warning and voluntarily accept and assume the inherent risks in participating in the Event.
16. To the extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth), the liability of the Organisation for any breach of a guarantee under Division 1 of Part 3-2 of the Australian Consumer Law in respect of the supply of recreational services is excluded. Nothing in this document is intended to exclude, restrict, or modify any rights or remedies that cannot be excluded, restricted, or modified under the Competition and Consumer Act 2010 (Cth) or any other applicable legislation.
17. I agree that, if anything in these terms and conditions of entry, race rules or swimmer code of conduct 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, race rules and swimmer code of conduct remain of full force and effect.
18. I acknowledge and agree that:
    1. During “Check-in”, the Organisation will issue me on a loan basis with an electronic timing chip device and wrist strap (“Timing Device”) for the purpose of timing my participation in the Event;
    2. 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 than 5:00 pm on the day of the Event; and
    3. I will be liable for payment of an amount of AU$110 (including GST) to the Organisation if I fail to return the timing device in accordance with sub-clause (18.3), which amount will be payable on day of the Event at the “Check-in” point or otherwise on demand
19. I acknowledge and agree that:
    1. A limited number of participants will be allowed to participate in the Event.
    2. The Organisation reserves its right to determine in its sole discretion the number of participants for the Event.
    3. The Organisation reserves its right to accept, reject or impose additional requirements on any entry at their discretion and to issue special invitations.
20. I acknowledge and agree that:
    1. I have read and fully understand these Terms and Conditions of entry, Swimmer Waiver, Race Rules and Swimmer Code of Conduct
    2. I have been given an opportunity to obtain my own advice regarding the Terms & Conditions and Race Rules. Following that advice or after deciding not to obtain further advice, I have freely and voluntarily chosen to participate in the Event.
    3. I have the legal capacity to enter into these Terms and Conditions of entry and to accept the Race Rules and Swimmer Code of Conduct.
    4. I understand that my entry is non-transferable and agree not to allow any other person to participate under my name or using my allocated race number.
    5. I agree to be bound by and to comply with these Terms and Conditions of entry, the Swimmer Waiver, Race Rules and Swimmer Code of Conduct.
    6. 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 & Conditions of Entry and Swimmer Waiver, the Race Rules and Swimmer Code of Conduct
21. I acknowledge and agree that:
    1. If any unforeseeable circumstance occurs which is beyond the control of event organisers / Busselton Allsports Inc resulting in the cancellation of Busselton Jetty Swim 2027, the following options of swimmer fees will be offered:
       1. Full refund less a $25 administration fee (or less a $5 administration fee for the Kids Swim) will be offered and transferred to the nominated account within 14 working days of the cancellation announcement of the Event.
       2. Donation of swimmer fee to Busselton Allsports Inc. (Busselton Jetty Swim) to help ensure the continuation of the Event into the future.

Please note, any donations pledged to Busselton Jetty Environment Foundation by swimmers when entering the event are non-refundable.

21. Abovementioned Terms and Condition of Entry, Swimmer Waiver, Race Rules and Swimmer Code of Conduct for adult participants apply mutatis mutandis (that is with the necessary modifications) to all participants under the age of 18.

Busselton Jetty Swim Race Rules

1. An official online entry must be completed by each swimmer or swimmer’s guardian (if under 18)
2. Completion of the online entry form represents and the event Terms and Conditions
3. All swimmers, or their Legal Guardian if under 18 years, must check in by attending the marquee on Signal Park in person on either:
   • Saturday 13 February 2027 between 9:00 am and 5:00 pm (preferred); OR
   • Sunday 14 February 2027 between 6:00 am and 7:00 am. The swim briefing starts at 7:15 am
4. Check-in by proxy is not permitted.
5. For Junior Swimmers, parents or guardians are required to email evidence of swimming competency to juniors@busseltonjettyswim.org.au by Wednesday 21  January 2027.
6. The following age categories apply for males and females: under 15; 15-19; 20-24; 25-29; 30-34; 35-39; 40-44; 45-49; 50-54; 55-59; 60-64; 65-69; 70-74; 75-79, 80-84, 85 and over. Age category is based on the swimmer’s age on race day.
7. Relay members must physically touch their teammate at the relay transition point to complete the relay changeover prior to the next relay member commencing their swim. Race marshals will be present to monitor the relay changeovers.
8. Swimmers and support craft are not permitted to go under any part of the Jetty unless directed by Race Officials.
9. Wetsuits and swimming aids are permitted but wearers will not be eligible for awards.
10. Wetsuits and swimming aids must be declared on the entry form. Swim-aids include flippers, snorkels, wetsuits, pull buoys, speed-suits.
11. Swimsuits must be approved by World Aquatics (previously FINA) to be eligible for an award.
12. Swim caps indicating starting wave and/or swim category will be supplied at check-in and must be worn by all swimmers during the race.
13. Swimmers will be required to have their race number temporary tattoo displayed on their front left thigh and left arm.
14. All swimmers will be given a timing band at check-in to be worn on their during the race.
15. The timing band must be returned to event staff at the conclusion of the race. Failure to return a timing band will result in a .
16. Solo swimmers and the last swimmer in each relay team will be timed as they cross the timing mats at the beach finish.
17. Swimmers withdrawing from the event on race day must present themselves at the Check-in desk and confirm their withdrawal.
18. On water safety and support is provided by and personal support paddlers are no longer permitted, however if you feel you have a special need requiring your own personal support or provisions this must be indicated as part of your online entry under ‘special needs’.
19. A swimmer may be disqualified at the discretion of the race organisers for contravening the Race Rules or for unsporting conduct or a breach of the Swimmer Code of Conduct.
20. If a member of a team cannot swim on the day, a replacement may be approved at the Check-in desk for a team member only, not for solo entrants or whole teams. The replacement team swimmer must fill in an entry form and sign the waiver at the Check-in desk. Note, limited changes to team swimmers apply.
21. The event organisers reserve the right to cap numbers or close entries early.
22. The organisers of the swim, Busselton Allsports Inc., reserve the right to accept or reject any entry at their discretion and to issue special invitations.
23. If there is any dispute as to the points below, the Organisation’s decision will be final and binding:
    • The swim distance, starting, exiting or finishing points
    • Finishing times or finishing positions or making of awards or placing or positioning of participants
    • Information provided in any trophy, medal or award
    • Compliance with or interpretation or application of any Race Rule

Busselton Jetty Swim Swimmer Code of Conduct

Participants in the Busselton Jetty Swim are expected to always adhere to the following Swimmer Code of Conduct, not just on event day:

1. Read, accept and acknowledge the event Terms & Conditions of Entry prior to registering.
2. Always follow the Race Rules and the Terms & Conditions of Entry. Understand that many of these requirements are in place for the safety of all participants, event volunteers, officials, staff and contractors.
3. Act in a way that supports the safety and wellbeing of all participants, volunteers, officials, staff, contractors and spectators.
4. Do not bully, harass, abuse, discriminate against, victimise or intimidate any person.
5. Do not make offensive, threatening or inappropriate comments in person, online or through any other communication channel.
6. Do not participate while affected by alcohol, illegal drugs or any substance that may impact your ability to swim safely.
7. Understand that some decisions by the Committee and event staff are made for the greater good rather than any individual circumstance.
8. Be respectful of event volunteers, officials, staff and contractors. All are giving their time to ensure the enjoyment of swimmers and the success of the event.
9. Any type of abuse including verbal, cyber or physical abuse is not acceptable at any time or through any medium.
10. Respect the rights and dignity of all involved regardless of their gender, ability, age, ethnicity, cultural background or religion.
11. Use the appropriate Race Rules and Terms & Conditions of Entry as guidelines to resolve any dispute.
12. Follow directions and instructions from officials and volunteers on event day.
13. Be a good sport – recognise the efforts of all involved.
14. Respect our environment, including the Jetty, the beach and of course the ocean you swim in. Do no harm.
15. Participate for your own fun, enjoyment and the many benefits associated with it.
16. Report any serious safety concern, inappropriate behaviour or suspected breach of this Swimmer Code of Conduct to an event official or the Committee.

Busselton Jetty Swim is delivered by a committee of dedicated volunteers with support from contractors. To support all volunteers and staff who work on this event:

1. The Committee reserves the right to refuse entry to any person deemed to be in breach of this Swimmer Code of Conduct, the Race Rules or the Terms & Conditions of Entry, and;
2. The Committee will impose a sanction consisting of up to a two-year event ban for any person deemed to be in breach of this Swimmer Code of Conduct, the Race Rules or the Terms & Conditions of Entry.

BUSSELTON ALLSPORTS INC. Privacy Policy

Busselton Allsports Inc is the organiser of Busselton Jetty Swim, an open water public swimming event in Busselton, Western Australia.

Busselton Allsports Inc is committed to the privacy of both previous and future participants of Busselton Jetty Swim. We respect and share concerns of participants of Busselton Jetty Swim over the protection of their personal information. It is for this reason Busselton Allsports Inc adheres to the Australian Privacy Principles and the Privacy Act 1988 (Cth).

Why and how we collect your personal information

Personal Information is information or an opinion that identifies an individual. The Personal Information we collect includes names, addresses, email addresses, phone and facsimile numbers, emergency contact information, date of birth, gender, previous event names or history, estimated swim times, swim aid and support needs, medical or physical conditions, participation stories, event feedback, spectator information and details about your stay in Busselton. For swimmers under the age of 18, we also collect the contact information of their guardian.  For swimmers under the age of 13, we also collect evidence of swimming competence.

We collect this information using our online registration form and, on an adhoc basis, over the phone, via email and via paper-based forms when required. We hold personal information electronically in systems used by Busselton Allsports Inc and, where required, in hard copy form. We may use third-party software, registration, payment, email, website, storage or information technology providers to help us manage the event and store information securely.

We collect this information to keep track of event participants, publish the results and to equip ourselves with necessary information so we can respond in an emergency consistent with our legal obligations.   We will only gather personal information that is necessary for the operation of the organisation and Busselton Jetty Swim. Where necessary, we may disclose relevant medical, physical condition or emergency contact information to first aid providers, medical attendants, surf lifesaving personnel or emergency services to support participant safety or respond to an incident.

Our Volunteers

In some circumstances, we may need to collect extra information from volunteers so that we can make appropriate arrangements with them and meet our legal obligations. This may include information needed for legal purposes, such as Working with Children Check card information, and details needed to support any volunteer, employment or other agreements in place. This information is also held securely on Busselton Allsports Inc systems.

Our website and social media

During the event, we take photographs and videos of participants for promotional, informational and record-keeping purposes, and may publish this content on our website and social media. We may also publish participant results on our website, including results by event category.

Accuracy of information

When collecting, using and disclosing personal information we will take all reasonable measures to ensure the information is accurate, complete and up to date.

We will correct any incorrect personal information as soon as updated information becomes available. If at any time the individual to whom the information relates tells us it is not accurate, complete or up to date we will endeavour to correct this as soon as possible.

Anonymity

You have the option of dealing anonymously with Busselton Allsports Inc. Please note that there will be circumstances where anonymity will not be possible. We are legally obliged to keep records regarding the medical and physical conditions of participants as well as any incidents or near misses that occur during the Event.

Security of Information

We will take all reasonable steps to protect your personal information supplied.  This includes appropriate measures against unauthorised access, modifications, misuse and disclosure.

We will also take reasonable steps to destroy or permanently de-identify personal information if it is no longer required. This destruction of personal information will be by secure means, for example, shredding, pulping or disintegration.

Access and correction

You can contact Busselton Allsports Inc using the contact information supplied below to request access to your information, correct information or for your information to be deleted or de-identified. All personal information about an individual held by Busselton Allsports Inc will be made available to the individual upon request.  If upon this disclosure it is established that the information is not accurate, complete and up to date, we will take reasonable steps to correct the information. This disclosure of information will be supplied within a reasonable time frame.

Identifiers

We will only use unique identifiers generated at random upon data entry. We will in no circumstance use identifiers generated by the Commonwealth government, Commonwealth government agencies or contracted service providers, for example your tax file number or Medicare number as our identifiers.

Disclosure to third parties

We will most importantly not sell, rent or trade your personal information to any other third party.

We will contract out services at times that involve disclosing personal information however we will to the best of our knowledge ensure the companies we use are reputable and are bound by similar confidentiality standards and the Privacy Act 1988 (Cth).

We may be required to share your personal information with event partners and suppliers, including Busselton Surf Life Saving Club Inc, Surf Life Saving Western Australia Inc and medical attendants in addition to our employees and event staff.

Any information we collect is maintained Busselton Allsports Inc systems and infrastructure, for which we rely on third-party software and information technology providers.

We do not knowingly disclose personal information to overseas recipients. Some third-party technology providers we use may store or process information using systems located outside Australia. Where this occurs, we take reasonable steps to ensure personal information is handled consistently with Australian privacy requirements.

Direct marketing

We may use your contact details to send you event information, updates, newsletters or other communications about Busselton Jetty Swim. We conduct all direct marketing efforts to provide the best service to you. We may at times send you information and offers that we feel may be of interest to you. If you no longer wish to receive any direct marketing material please contact coordinator@busseltonjettyswim.org.au at any time.

Access to your personal information

Any request for information may be made to Busselton Allsports Inc, PO Box 410, Busselton, WA, 6280.

Complaints about a breach of privacy

All committee members of Busselton Allsports Inc endeavour to take every reasonable measure to ensure that your personal information is protected. Any complaint of breach of privacy may be made to the Secretary at Busselton Allsports Inc, PO Box 410, Busselton, WA, 6280 or email secretary@busseltonjettyswim.org.au.

All complaints will be investigated as soon as lodged and all reasonable efforts will be made to resolve the complaint as soon as possible. If you are not satisfied with our response to your complaint, you may contact the Office of the Australian Information Commissioner.

Policy updates

This policy may change from time to time and will be available on our website.