Terms & Conditions

TERMS & CONDITIONS OF ENTRY (SWIMMER WAIVER)

This information is subject to change and will continue to be updated.  Last updated 20th September 2021.

All swimmers registering for this Event will need to agree to these Terms & Conditions as part of the online registration process. If you are a registered swimmer you have agreed to these Terms & Conditions.

These Terms and Conditions apply to the 3.6km Solo Swim, Relays, One Mile Swim to Shore and Kids 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 2022 (“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, 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.
3. I hereby declare that I am medically and physically fit and will not be affected by drugs or alcohol on Event day. 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 prove to be incorrect on the Event day.
4. I hereby declare that if, as at Saturday 12th February 2022, I have experienced any of the below in the preceding 14 days I will contact the event organisers to discuss my involvement in the Event;
   1. Have/had a fever
   2. Have/had a symptom, even a minor symptom, of respiratory illness, such as a cough, shortness of breath, sore throat, runny nose or nasal congestion
   3. Returned or travelled from overseas or interstate, or instructed to isolate by any competent authority
   4. Been a cruise ship passenger or crew who travelled
   5. Been in close contact with someone with confirmed COVID-19
   6. Waiting for the result of a COVID-19 test
   7. Tested positive for COVID-19. 

   If I am experiencing any of the above medical signs of possible Covid-19 infection on the race day, I will voluntarily withdraw from and not attend the Event.
   I further acknowledge that event organisers may respond to any above disclosure by me in any way they reasonably deem fit, including barring me from competing in or attending the Event.

5. 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. I have listed with my entry my medical or physical conditions from which I suffer that might affect my performance or be relevant if medical treatment is needed.
6. 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:
   1. 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;
   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; or
   3. 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.

7. I agree to participate in the Event in accordance with the Race Rules and conditions as 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 Code of Conduct I may be banned from participating in the Event for a period of two years.
8. 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, age group, gender, event race number and finish time.
9. 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.
10. I undertake to use my best endeavours to complete the Event for which I have entered:
    1. In case of the 3.6km Solo and Relay events, by 11:00am; or
    2. In case of the One Mile Swim to Shore, by 11:00am; or
    3. In case of the Kids Swim, within 30 minutes of my official start-time.
11. I acknowledge and agree should I not complete the said Event within the abovementioned 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.
12. 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 to/of participants (including 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 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
    4. I have read and understood this warning and voluntarily accept and assume the inherent risks in participating in the Event.
13. Under the provisions of the Fair Trading Act 2010 (“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:
    1. 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
    2. Reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.

    Under the Act, the Organisation 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.

14. 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.
15. 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: busseltonjettyswim.org.au
16. 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 ankle 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 5:00pm on the day of the Event; and
    3. 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.
17. I acknowledge and agree that:
    1. A limited number of participants will be allowed to participate in the Event;
    2. The Organisation reserves the right to determine in its sole discretion the number of participants for the Event; and
    3. The Organisation reserves the right to accept or reject any entry at their discretion and also to issue special invitations.
18. I acknowledge and agree that:
    1. I have read and fully understand these Terms and Conditions of entry, the Race Rules and Swimmer Code of Conduct;
    2. I fully understand the legal consequences of agreeing to these Terms and Conditions of entry, the Race Rules and Swimmer Code of Conduct and the risk of participating 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 Race Rules and Swimmer Code of Conduct; and
    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 and Conditions of entry, the Race Rules and Swimmer Code of Conduct.
19. I acknowledge and agree that:
    If Federal or State or other legal restrictions are imposed resulting in the cancellation of Busselton Jetty Swim 2022, the following options of swimmer fees will be offered;
    1. Full refund less a $15 administration fee ($5 for the Kid’s 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 our event into the future. You can choose to donate your entry fee to the Organisation and in return you will receive an early bird opportunity to enter the event in 2023. For those taking up this option, a 48 hour ‘window’ will be made available for you to enter the event prior to the general public. You will be required to pay an entry fee when registering for the 2023 event, however your entry fee will be frozen at 2022 rates to thank you for your support.

    Please note, any donations pledged to Busselton Jetty Environment Fund are non-refundable.

20. Abovementioned Terms and Condition of Entry, Race Rules and Swimmer Code of Conduct for adult participants apply mutatis mutandis (that is with the necessary modifications) to the Busselton Jetty Kid’s Swim.