WAIVER
Makai Cup 2020/Mini MAKAI 10K
Event Application, Assumption of Risk & Waiver/Release Form
I apply for entry to the Makai Cup event to be held on Saturday 8th February or Sunday 9th February 2020 ("the Event").
In this document "Event Promoter” means Makai Paddlers Society Incorporated and/or the event organiser/organisation named on the Maritime Licence for this event and includes all and each of their respective officers, employees, contractors, volunteers or agents involved in the Event.
In consideration of accepting this entry and allowing me to participate in the Event I, the undersigned (for myself, my heirs, executors and administrators), agree with the Event Promoter that:
1. Risks. Participation in the Event can be inherently dangerous. I acknowledge that I am exposed to certain risks during the Event including but not limited to extreme weather conditions; collision with natural or made-made objects including water craft; equipment failure; the presence of marine life including sharks; overexertion; dehydration and cold and heat related injuries such as hypothermia and heat exhaustion. I acknowledge that accidents can and often do happen which may result in serious injury, death or property damage. I have voluntarily read and understand this warning and freely assume all such risks even if arising from the negligence of the Event Promoter. I attend and participate in the Event exclusively at my own risk and at all times I have the option of not participating in or withdrawing from the Event.
2. Waiver, release and indemnity. (A) I waive, release and discharge the Event Promoter from all claims or causes of action I may have (including for negligence) arising from any injury, loss or damage of any kind suffered by me including personal injury, illness or death and/or loss or damage to any property (in so far as this does not breach the provisions of the relevant Australian Consumer Law) arising either directly or indirectly out of my attendance at or participation in the Event. (B) I will indemnify and will keep indemnified the Event Promoter against all costs, losses or damages arising from or in relation to my attendance at or participation in the Event including the attendance or participation of any person in my care.
3. Insurance. I understand and acknowledge that the Event Promoter has public liability insurance, and this does not include or cover personal accident insurance for me. All other insurances are my sole responsibility.
4. Fitness to participate. I declare that I am physically and medically fit and have trained sufficiently to participate in and complete the Event.
5. Rules and directions. I agree to obey and accept the Event rules and any other directions or instructions, including those issued on the day. I acknowledge and agree to comply with the directions given by the water safety personnel at all times when on the water during the Event.
6. Event Briefings. I acknowledge that the Event briefings as advertised by the Event Promoter is a compulsory requirement of entry and I will ensure that I will attend these briefings.
7. Compulsory personal safety equipment. I agree to wear a complying lifejacket and safety leash at all times during the Event or any other equipment as advised by the Event Promoter.
8. Event modification or cancellation. I agree that in the event of adverse weather conditions or any other matter which gives arise to safety concern, the Event Promoter has the right to modify or cancel the Event and that the entry fee shall not be refundable in whole or in part.
9. Consent to medical treatment. I consent to receive and agree to pay for (or reimburse the cost of) any medical treatment, including transport by ambulance, that the Event Promoter or their authorised representatives consider necessary or desirable before, during or after the Event.
10. Copyright and right to use image. I consent to photographs and electronic images being taken of me during the Event. I acknowledge and agree that such photographs and electronic images are owned by the Event Promoter who may use the photographs for promotional or other purposes without my further consent being obtained. Further, I consent to the Event Promoter using my name, image, likeness and also my performance in the Event, at any time, to promote the Event by any form of media.
11. Privacy. I understand that the information I have provided is necessary for the conduct of the Event. I acknowledge and agree that the information will only be used by Event Promoter to facilitate the conduct of the Event and other events conducted by the Event Promoter. I understand that my email address provided will be used by the Event Promoter for future event promotion. I may advise the Event Promoter if I do not wish to receive promotional material.
12. Severance. If any provision of this document 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. Such severance does not affect the remaining provisions of this application and declaration or affect the validity or enforceability of it in any other jurisdiction.
13. I have had sufficient opportunity to read this release of liability and assumption of risk agreement. I hereby acknowledge that I have read, understood and accept these terms and conditions and agree to be bound by them in relation to my attendance at and participation in the Event.
SELF - CERTIFICATION
• I understand and acknowledge that the Event Promoter has no knowledge of my individual skill and experience in ocean paddling.
• I certify that I have sufficient skill and experience in open ocean paddling to participate in this event.
• I certify that I can comfortably swim 500m in the ocean.
• I understand that if the Event Promoter has concerns about my skill or experience in the conditions on the day that I may be instructed to withdraw from the Event and no refund will be provided.
Where the applicant is under 18 years of age this form must also be signed by the applicant’s parent or legal guardian.
I am the parent or guardian of the minor applicant "the minor".
I expressly agree to be responsible for the minor’s behavior.
I have read and understand and accept all of the above terms and conditions and agree to be bound by them in relation to the attendance at and participation in the Event by the minor.
I consent and agree to the release as provided by the minor above and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Event Promoter from any and all liabilities arising from the minor's participation in the Event.
SELF CERTIFICATION for minor.
• I understand and acknowledge that the Event Promoter has no knowledge of the minor's individual skill and experience in ocean paddling.
• I certify that the minor has sufficient skill and experience in open ocean paddling to participate in this event.
• I certify that the minor can comfortably swim 500m in the ocean.
• I understand that if the Event Promoter has concerns about the minor's experience in the conditions on the day that the minor may be instructed to withdraw from the Event and no refund will be provided.
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