MARGARET RIVER OCEAN SWIM
Saturday 22 Jan 2022 Gnarabup Bay.
Waiver and Indemnity
I Agree to Terms:
I have read, understood, agree and accept to abide by the Conditions of Entry, Risk Warning and Disclaimer for the Margaret River Ocean Swim.
THIS IS A DANGEROUS RECREATIONAL ACTIVITY AND YOU ENTER AT YOUR OWN RISK.
There are numerous obvious risks to participating in the Ocean Swim (hereafter called the Event). Obvious risks include and are not limited to the following: injury and/or drowning, due to being hit by other persons, objects or boats. Other obvious risks include, cold weather and water, entry and exit injuries, stings, sandbars, medical conditions and marine animal interactions. Each swimmer should be a competent ocean/surf swimmer. Officials maintain the right to reject or refuse any entry. Race officers have the authority to remove a competitor from the swim without reason if they are deemed be a danger to themselves or other swimmers. All swimmers must be unaided to be eligible for fastest swimmer prizes; eg no flippers, no wetsuits. All swimmers must swim the prescribed course. The decisions of the Race Director are final.
I hereby waive release and discharge all and every claim, right or cause of action (including for negligence, for breach of contract or breach of Statute) for which I might have or which arises out of my death, injury, damage or loss of any description which I may suffer or sustain as the result of my participation in the Event. This waiver release and discharge shall operate jointly and severally in favour of the Indemnified Parties, namely: Swimming Mermaids Inc, The Shire of Augusta Margaret River, Swimming Women Pty Ltd, sponsors, supporters, persons, corporations, contractors, sub-contractors, volunteers, servants and employees involved or otherwise engaged in organising, promoting, staging, administering, running or controlling the Event.
I agree to indemnify and keep indemnified the indemnified parties against all actions, suits, demands, claims, proceedings, costs, expenses, liabilities and judgments (including for negligence, breach of contract or breach of statute) arising out of or in relation to my participation in the Event. This indemnity may be pleaded as a bar to any action, claim, demand, suit or legal proceedings.
I consent to receive such medical aid or preventative treatment which may be deemed advisable in the unfettered discretion of Event Medical personnel and Lifesavers in the event of any injury accident or illness to me as the result of my participation in the Event.
I consent to joining the Swimming Mermaids Inc as an event member for the purpose of this event.
I consent to the free use of my name, personal information, photograph, interview or appearance in any newspaper, promotion, advertising material, publication, video, broadcast, website or use in any media now known or yet to be devised, by the Event and/or its sponsors in perpetuity.
I affirm that I have properly trained for and fully satisfied myself as to my physical and medical condition to compete in the Event.
I agree to abide by and accept the rules and regulation of the Event whether announced on the day or prior thereto and to accept the decisions of both the Race Director and the Race Committee.
I agree and accept that the Event Committee may, at its absolute discretion, vary the rules and regulations of the Event and without prior notice to me.
I agree to accept full responsibility to inform myself and assess all the dangers hazards and risks of entry in the Event and rely solely on my own assessment of these dangers, hazards and risks before participating in the Event and notwithstanding any decision thereon made by the race committee and other persons, corporations and bodies involved engaged in promoting or staging the Event.
I agree that in the event of cancellation of the Event my entry fee shall not be refundable.
I agree that as a person to whom recreational services are supplied by the organisers, it is a term of my entry that I engage in the recreational activity of the Event at my own risk.
I agree that the terms and conditions contained in this entry form shall be construed broadly to provide a release, indemnity and waiver to the Indemnified Parties of any liability for loss injury or other damage to personal property to the maximum extent permitted by law.
The Event reserves the right to recoup from the participant any costs associated with a Search & Rescue if that participant has failed to notify officials that they have withdrawn from the event.
Indemnity in respect of persons under 18 years
In consideration of the Event agreeing at my request to accept the entry of the minor applicant I agree for myself, my heirs, executors and administrators to indemnify and keep indemnified the Indemnified Parties against all actions, suits, claims, proceedings, demands, cost, expenses, liabilities or judgments which the applicant and I may have against the Indemnified Parties but for the terms of this agreement in respect of any death, injury, damage or loss sustained by the minor applicant as the result of the minor applicant’s participation in the Event. I affirm that I have full authority on behalf of both Parents and/or Guardian to sign this indemnity AND that this indemnity may be pleaded as a bar to any action claim demand suit or legal proceedings.