Event Entry Waiver:
I hereby apply for entry to participate in this Mooloolaba Paddlers Inc (MP) Ocean Paddle Event. In so applying and in consideration of my application for entry to the Event being accepted, I acknowledge and agree that:
In this Event declaration: Claim means and includes any action, suit, proceeding, claim, demand, damage, cost or expense however arising including but not limited to negligence. Event means an organised ocean paddling activity conducted by a MP.
2. If my application is accepted, I will be permitted to enter and participate in the Event subject to my complying with the MP Rules, this declaration and any reasonable direction issued by the MP or their representatives.
3. Warning. Participation in the Event can be inherently dangerous. I understand that I am exposed to certain risks during the Event, including but not limited to: (a) over exertion; (b) equipment failure; (c) dehydration; (d) hyperthermia; (e) weather conditions; (f) water quality; (g) other participants acting dangerously or with a lack of skill; (h) conditions that may be hazardous and that may vary without warning or predictability;
(i) organisers, officials, watercourse owners/operators and any agents or representatives of any of them, in charge of the Event, being obliged to make decisions under pressure of time and/or events; and (j) a lack of adequate facilities for treatment or transport if I suffer injury. I acknowledge and accept that accidents can happen which may result in me being physically or mentally injured, impaired, maimed or even killed, or my property being damaged, lost or destroyed. I further acknowledge and accept that any policy of insurance of, or in respect of, my life or physical or mental health may be voided because of my participation in the Event. I have voluntarily read and understood this warning and accept and assume the inherent risks in participating in the Event.
4. Fitness to Participate: I declare that I am medically, mentally and physically fit and able to participate in the Event. I will immediately notify a MP in writing of any change to my medical condition, fitness or ability to participate in the Event. I understand and accept that a MP will continue to rely upon this declaration as evidence of my fitness and ability to participate in the Event.
5. Medical Treatment: I consent to receiving any medical treatment that MP reasonably considers necessary or desirable for me during my participation in the Event if I am unable to make a rational decision about my consent to any medical treatment that I may require. I also agree to reimburse the relevant MP for any costs or expenses incurred in providing me with medical treatment.
6. Privacy: I understand and agree that any information I have provided in my Event application will be disclosed to the MP and will only be used in accordance with the MP Privacy Policy. I understand that I will be able to access the information directly through MP. If the information is not provided, my Event application may be rejected. I acknowledge that MPs may also use my information for the purposes of providing me with promotional material from MPs’ sponsors or third parties. I may advise MP if I do not wish to receive such material from any MP, sponsor or third party.
7. Right to Use Image. I acknowledge and consent to photographs and electronic images being taken of me during the Event. I expressly waive any rights I hold or may hold in such images and acknowledge and agree that such photographs and electronic images are owned by MP and that the MP may use the photographs for promotional or other purposes without my further consent being necessary. I consent MP using my name, image, likeness and my performance in the Event, at any time, by any form of media, to promote the Event.
8. Prevailing Conditions. The Event and the conduct of, and participation in, the Event will be affected by weather and associated conditions and may also be affected by other events or actions beyond the reasonable control of the MP. Given there is often an element of the 'luck of the prevailing conditions' in entering and competing in the Event. I acknowledge and agree: the MP cannot control the weather and associated conditions; and that, in circumstances where the weather is extreme or dangerous or the Event or part of it cannot proceed due to events or actions beyond the control of the MP, the MP may cancel the Event or part of it, whereupon I will not be entitled to any refund or compensation.
9. I have provided the information required above and I warrant that all information provided is true and correct. I acknowledge this declaration cannot be amended. If I do amend it my application will be null and void. It cannot be accepted by MP.
10. Cancellation Policy. This Event has a no refund policy. For any Event cancelled by MP, event participants will have their entry fee credited to another Event of their nomination. Should you as the participant cancel or withdraw your application, then for notice received: (a) More than 14 days prior to the Event, participants will have the option of transferring the credited entry fees to another Event of their nomination; (b) Less than 14 days prior to the Event: no refunds or transfers will be available. All cancellation requests and instructions for refunds or transfers must be received in writing to accounts@mooloolabapaddlers.com within the timeframes as outlined above. MP accepts no liability for a person's failure to attend an Event at the designated time and location for any reason whatsoever. No refunds or transfers will be available for non-attendance.
11. If the applicant for the Event has not yet reached the age of 18 years, or requires a guardian, I, the parent or guardian of the applicant authorise and consent to the applicant applying to enter and participate in the Event if the application is accepted.
I have read, understood, acknowledge and agree to the above declaration including the warning, potential non-refund of entry fees for force majeure or adverse weather events, exclusion of liability, release and indemnity.
I acknowledge that if my application to enter the Event is successful, I will be entitled to participate in the Event.
Where the applicant is under 18 years of age the terms and conditions of this document must also be confirmed by the applicant’s parent or legal guardian.
I am the parent or guardian of the applicant. In consideration of the applicant's entry to the Event being accepted, I expressly agree to be responsible for the applicant's behaviour and agree to accept, in my capacity as parent or guardian, the terms set out in this declaration, including the provision by me of a release and indemnity in the terms set out above. In addition, I agree to be bound by and to comply with the Event rules and this declaration.