In consideration of my application to enter the Event being accepted I acknowledge and agree that:
1. In this application and declaration: Claim means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence BUT does NOT include a claim against Swimrun Wild by any person entitled to make a claim under a relevant Swimrun Wild insurance policy. Swimrun Wild includes its directors, officers, servants or agents, members and their respective directors, officers, members, servants or agents.
2. I acknowledge my application to enter the Event will be accepted upon notification to me by Swimrun Wild. I acknowledge that I will be bound by and agree to comply with such rules, terms and conditions as may be imposed by Swimrun Wild in respect to the conduct and management of the Event.
3. Warning: The Event can be inherently dangerous. I acknowledge that I am exposed to certain risks during the Event including but not limited to physical exertion, contact with surf lifesaving equipment, body contact with other persons, potential contact with sea creatures and surf, sea, wind and weather conditions including but not only temperatures and ocean currents. I acknowledge that accidents or incidents can and often do happen which may result in me being injured or even killed, or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in participating in the Event.
4. Exclusion of implied terms: I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods and services may be excluded. I acknowledge that these implied terms and rights and any liability of Swimrun Wild flowing from them, are expressly excluded to the extent possible by law, by this declaration. To the extent of any liability arising, the liability of Swimrun Wild will, at the discretion of Swimrun Wild, be limited to the resupply of the services or the payment of the cost of having the services supplied again or repayment of any fee paid for the services.
5. Release & Indemnity: In consideration of Swimrun Wild accepting my application to enter the Event I:
(a) release and will release Swimrun Wild from all Claims that I may have or may have had but for this release arising from or in connection with my participation in the Event; and
(b) indemnify and will keep indemnified Swimrun Wild to the extent permitted by law in respect of any Claim by any person arising as a result of or in connection with my participation in the Event.
6. Fitness to Participate: I have been strongly advised to undergo a physical check-up prior to participating in the Event and to present Swimrun Wild with a medical clearance from my doctor. I declare that I am medically and physically fit and able to participate in the Event. I am not and must not be a danger to myself or to the health and safety of others. I will immediately notify Swimrun Wild in writing of any change to my medical condition, fitness and ability to participate
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7. Privacy: I understand that the information that I have provided on the entry form is necessary for the Event. I acknowledge and agree that the information may be disclosed to third parties but will only be used for the Objects of Swimrun Wild. If the information is not provided my application for entry to the Event may be rejected. I acknowledge that Swimrun Wild may also use my personal information for the purposes of providing me with promotional material from Swimrun Wild sponsors or third parties. I may advise Swimrun Wild if I do not wish to receive any sponsor or third-party material.
8. I acknowledge the rights of Swimrun Wild and any Event sponsors to use, without restriction, any images or photographs captured or taken of me before, during or after the Event. I am aware that I cannot display any advertising, or marketing identification of any sponsor that is in competition with any Event sponsors. This declaration is not an automatic endorsement of the Event sponsors by me, but is to give effect to the rights of the Event sponsors to use images captured in conjunction with the Event, and also preclude competitors from displaying advertising or marketing information.
9. I have provided the information required and signed this form where indicated. I warrant that all information provided is true and correct. I acknowledge that this application and declaration cannot be amended. If I do amend it my application will be null and void and cannot be accepted by Swimrun Wild.
10. Severance: If any provision of this membership declaration is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable. If the phrase or clause cannot be so read down it will be severed to the extent of the invalidity or unenforceability of it in any other jurisdiction. Such severance does not affect the remaining provisions of this membership declaration or affect the validity or enforceability of it in any other jurisdiction. I have read, understood, acknowledge and agree to the above declaration including the warning, exclusion of liability, release & indemnity. I acknowledge that if my application for entry to the Event is successful I will be entitled to participate in the Event.
I have read, and am familiar with, the safety and medical aspects of participation in Swimrun and will abide by these requirements. |