Waiver
PARTICIPANT ACKNOWLEDGEMENT, WAIVER & RELEASE FORM
Please read carefully before signing the acknowledgement, waiver and release from liability and potential claims.
The person named below has requested and has been granted permission to participate in the Great Barrier Reef Ocean Swim, which is an ocean swim of various distances situated off the coast of Cairns, Queensland (Activity). By choosing to participate in the Activity, the person named below agrees to the terms and conditions set out in this document and provides an indemnity, release and waiver in favour of Australian Ocean Swims Pty Ltd t/a Great Barrier Reef Ocean Swim Series ABN 95 640 190 156 (Organiser) and its affiliated clubs, volunteers, supervisors, employees, officers, agents and contractors (Affiliated Parties).
Acknowledgement and Agreement to Activity Risks and Use of Personal Information
1. I understand and acknowledge the nature of the Activity, which is an ocean swim of various distances situated off the coast of Carins in Queensland. I understand and certify that I am aware that all of the material provided to me and/or published by the Organiser includes details about the nature of the Activity, including, without limitation:
(a) event information packs and brochures;
(b) advertising material published on social media platforms;
(c) all available material on the Organiser’s website; and
(d) any information briefed to me in the lead up to and on the day of the Activity.
2. I am aware of the hazards associated with the Activity, including natural disasters, currents, drowning, severe weather events and storms, shark attacks, other deadly and non-deadly marine animal exposures, potential contact with reefs, boat malfunctions, sinking events and other hazards. I understand and accept that participating in the Activity carries inherent risks and dangers, including but not limited to loss and damage to personal property, personal injury, disablement, or fatality.
3. I certify that I am physically fit and prepared for the Activity, and that I have not been advised otherwise by a qualified medical person that I should not participate in the Activity. I certify that in addition to my physical wellness and preparedness, I am a competent swimmer and am able to comfortably swim the distance of the Activity that I am competing in.
4. I agree to notify the Organiser and/or the Affiliated Parties of any changes to my health and fitness, which occur on the day of the Activity.
5. I agree to strictly comply with any directions or requirements provided by the Organiser and/or the Affiliated Parties in relation to the Activity.
6. I consent and agree to the Organiser:
(a) collecting, using, holding and disclosing my personal information as required to organise and undertake the Activity; and
(b) collecting, using, holding, creating, publishing and disclosing photographs and videos of me on media forums and social media platforms such as Facebook, Instagram, Twitter and Snapchat for the purposes of publicising and promoting the Organiser and the Activity.
7. I hereby agree that in the event of a race cancellation or course modification due to storm, rain, inclement weather, winds, pandemic or other “Act of God” conditions, my entry fee shall be non-refundable and non-transferable. The event organisers will reschedule the event and I accept that my chosen date will be transferred automatically.
8. I hereby acknowledge that upon completion of this online entry registration, the refund policy is as such: Upon completion of online entry registration, 50% will be refundable up to 60 days before the event day, and 0% up to 30 days before the event day. No refunds will be available after that time under ANY circumstances. The withdrawal must be via email BEFORE each of those dates.
9. I have read and understood the terms of this document and its contents and I am signing it freely.
10. If any portion of this document is held invalid it is agreed that the balance thereof shall continue in full legal force and effect.
Release and discharge
I accept liability for loss or damage caused by any act or omission by me including without limitation a failure to comply with any direction issued by the Organiser and/or the Affiliated Parties in respect of the Activity. I agree to release and discharge the Organiser and the Affiliated Parties to the full extent permitted by law from any and all liability for death, disability, personal injury, damage or destruction of property, or other loss or injury which I may suffer as a result of the Activity.
Waiver
To the full extent permitted by law, I waive any and all claims against the Organiser and the Affiliated Parties in respect of my participation in the Activity.
Indemnity
I indemnify and hold harmless the Organiser and the Affiliated Parties from any and all liabilities, claims or actions whatsoever or however caused (directly, indirect or consequential) which may be brought against them arising as a result of, or in connection with, my participation in the Activity.
If Participant is under 18 years of age:
1. I certify that
(a) the Participant is under the age of 18;
(b) I am the parent or legal guardian of the Participant; and
(c) that I have the authority to sign this document on behalf of the Participant.
2. I understand the legal consequences of signing this document, and agree to be bound by the terms and conditions contained in this document, including:
(a) releasing the Organiser and Affiliated Parties from all liability on my and the Participant’s behalf;
(b) promising not to sue on my and the Participant’s behalf; and
(c) assuming all risks of the Participant’s participation in this Activity.
3. I understand that I am responsible for the obligations and acts of the Participant as described in this document. I agree to be bound by the terms of this document and allow the Participant to participate in the Activity.
4. I have read this document, and I am signing it freely. No other representations concerning the legal effect of this document have been made to me.
