AGREEMENT WAIVER AND INDEMNITY
Swimmer’s Duty Of Care Entrant Declaration Waiver:
• I declare I will obey all the race rules including leaving the water at any stage if requested by an official.
Open Water Swimming is potentially risky. The Organisers have taken all reasonable actions to minimise risks to all participants. Swimmers in any Event are required to acknowledge their Duty of Care to themselves, Organisers and other Swimmers. All Swimmers must:
• Have properly trained for and be fully satisfied that they are physically fit to compete and have prepared for the Event in similar conditions such that they can complete the Event without undue distress.
• Be medically fit in that they are not aware of any medical or related limitation that may prevent them from completing the Event without undue distress.
• Not cause harm to any other Swimmer or Official.
In consideration of the acceptance of my entry in the Noarlunga Reef Swim, (hereafter called Event), I the undersigned for myself my heirs, executors and administrators agree and declare that:
• I hereby waive release and discharge all and every claim right or cause of action for which might have or arising out of my death, injury, damage or loss of any description whatsoever which I may suffer or sustain as the result of my participation in the Event EXCEPT to the extent that such may be proven to have been caused by the wilful act or omission of any one or more of the parties hereafter referred to as the Indemnified. This waiver release and discharge shall operate jointly and severally in favour of the following, namely: Noarlunga Master Swimmers Inc, Masters Swimming Australia (including any Branch of that organisation), The Surf Lifesaving Association of Australia (and any of its State Centres, Branches, affiliated Surf Life Saving Clubs and Committees) and any Sponsors, supporters, persons, corporations, contractors, subcontractors, servants or employees involved or otherwise engaged in promoting staging administering running or controlling the Event (the Indemnified).
• I agree to indemnify and keep indemnified the Indemnified against all actions, suits, demands, claims, proceedings, costs, expenses, liabilities and judgements arising out of or in relation to my participation in the Event.
• I consent to receive such medical aid or preventative treatment which may be deemed advisable in the unfettered discretion of Race Medical Officials and Lifesavers in the event of any injury or accident or illness to me as the result of my participation in the Event.
• I consent to the free use of my name and photograph in any newspaper promotional advertising material, video or telecast by the Indemnified and/or its sponsors.
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