“WBSLSC” means Waratah Beach Surf Life Saving Club Incorporated, ABN 38 826 799 374 and includes where appropriate WBSLSC, agents, contractors and officers.
“Content” refers to photos and other social media uploaded to the Events Social Media pages and/or website.
“Events” or “Event” refers to the WIN Network Current Cruiser Swim.
“Swim Event” refers to the WIN Network Current Cruiser Swim.
“Competitor” refers to eligible person who has registered for the Event.
EFFECT OF TERMS AND CONDITIONS
These terms and conditions apply to the Events and entry into the Events is deemed acceptance of these terms and conditions.
A competitor must be over 12 to register for the Swim Event. All competitors agree to all of these terms and conditions as part of the Events registration process (acceptance indicated by ticking the box).
WBSLSC may, in its absolute discretion and without giving reasons for its decision, accept or refuse an application for registration and may seek verification of the above entry requirements in whatever manner it sees fit. WBSLSC makes no warranties as to the Events, the Events course and conditions or whether it is safe to undertake the Event or otherwise and that the competitors entry fee for the Events is non-refundable if they decided not to complete the Event.
HEALTH & SAFETY
The competitor understands that the Events are physically and mentally strenuous and demanding and that only competitors that have appropriately trained for the Events should compete. The Competitor warrants that they have performed the necessary training and will compete in a safe manner and are not aware of any injury, illness or impairment which may cause injury or death during the Events. The competitor understands that it is recommended that they consult a registered medical practitioner for the purpose of seeking confirmation that their physical condition is suitable for participation the Events.
Due to Covid-19 health restrictions WBSLSC DOES NOT encourage groups to travel to Sandy Point for any group swims. The Event courses are publicly available but not specifically identified, nor are they supported or supervised. Competitors must be mindful of Covid-19 restrictions and health requirements for themselves, and the area they are training or competing in. If in Sandy Point, or where ever they may be undertake the Events, the competitor acknowledges that there is no Event traffic control, water safety, first aid provisions, or other typical Event support at any time in the lead up to or during the Events and the competitor undertakes the Events at their own risk. All competitors are encouraged to undertake their training and Events safely at a location of their choice, whether pool or open water venue.
The Competitor acknowledges that it is their responsibility to check weather and area conditions before taking on the Events and that they will check for storm, rain, inclement weather, winds or other “acts of God” in relation to safely completing the Events. By agreeing to these terms and conditions, the competitor acknowledges, agrees, and understands that participation in the Event may involve risk. The competitor agrees and undertakes any such risk voluntarily and at their own risk. The competitor acknowledges that the assumption of risk and warning above constitutes a ‘risk warning’ in accordance with relevant legislation.
COMPLIANCE WITH LAWS
During the Event, the Competitor will comply with all relevant Covid-19 restrictions and all traffic and road laws, in the jurisdiction that they are participating in and any directions issued by relevant officers of the law.
WAIVER AND ACKNOWLEDGMENT
The Competitor acknowledges that they have been advised that participation in each of the Events involves a risk of injury, death and financial loss and that their participation in the Swim Event and/or Run Event (as the case may be) (or of any person under their legal responsibility) is at their own risk.
In consideration of the WBSLSC permitting the Competitor entry into the Swim Event, the Competitor hereby releases to the maximum extent permitted by law, and forever discharges WBSLSC and its members, Event volunteers, Event sponsors, Sandy Point Foreshore Committee of Management, Commonwealth and State Departments and Instrumentalities, medical and paramedical practitioners and personnel, and all other persons involved in the organisation, conduct and promotion of the Events and their respective employees, servants, agents, contractors, consultants and officers (collectively, “Event Organisers”) from and against all and any claims, suits, demands, liabilities, loss and damage (including indirect and consequential loss), costs, expenses and, interest, whether pursuant to common law or statute, that the competitor (or any person under their legal responsibility) may suffer or incur arising from or connected with the Events including as a result of the negligence, breach of duty, breach of care or other fault or responsibility of Event Organisers, and any of their respective representatives.
CONTENT AND DATA
The Competitor agrees that while WBSLSC provides access to the Current Cruiser Website to record Events times in good faith, it cannot be held responsible for the loss of data which may occur from the Website itself.
The Competitor consents to WBSLSC, the sponsors of the Events or third parties appointed by them to use, without restriction, any content the Competitor submits and/or any images, film, sound recording or photographs uploaded to the Events Social media pages, captured or taken before, during or after the Events without compensation.
The Competitor acknowledges that these terms and conditions may change from time to time as required by WBSLSC and without notice to the Competitor.
WBSLSC collects personal information about the Competitor for the purposes of organising and administering this and future Events; publishing result-times and place-finishes; contacting the Competitor to attend or assist with future Events and other functions arranged by WBSLSC; and contacting any family members or friends nominated by the Competitor to be contacted in case of an emergency.
Personal information that we collect and hold, may also be used to promote goods and services that may be of interest to the Competitor from our key sponsors via direct communications from us. The Competitor’s information will not be divulged to third parties unless required by law or as directed by the Competitor via any promotional response.
WBSLSC will only disclose the Competitors personal information when required by law, including where required by law enforcement agencies under a warrant.
Personal information we hold is generally stored in computer systems which may be operated by us or by our service providers. In all cases, we have rigorous information security requirements aimed at eliminating risks of unauthorised access to, and loss, misuse or wrongful alteration of, personal information.
If the Competitor does not provide all the information requested by WBSLSC, WBSLSC cannot accept the Competitor’s entry into the Events. The Competitor can access and ask to update or correct any of their personal information by contacting WBSLSC in writing at the address on the Events web page.
If the competitor does not wish to receive promotional material from WBSLSC or its sponsors the competitor may opt-out via the procedures provided in the relevant communication.
The Competitor’s entry into the Events is personal and the Competitor has no right to sell, transfer or assign that entry. Any attempt to transfer my entry to another person without the knowledge of WBSLSC may result in the cancellation of the competitors entry without refund and the competitor may not be permitted to participate in further Events. The competitor also accepts that their entry fees are non-refundable.
If for any reason, the Events are not capable of being run as planned, WBSLSC reserves the right to take any action that may be available to it including cancelling, modifying or suspending the Event.
Any Competitor who engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Events or who does not comply with the entry process will be ineligible to participate in the Events.
WBSLSC reserves the right to disqualify Competitors in the Event of non-compliance with the Terms and Conditions.
If any of the provisions or part of a provision of the terms and conditions is judged to be illegal or unenforceable, the remaining provision or provisions shall continue in full force and effect unless the substantive purpose of these terms and conditions is then frustrated, in which case either party may terminate the terms and conditions forthwith on written notice.
No forbearance or delay by either party in enforcing its respective rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
PARENTAL AND GUARDIAN ACCEPTANCE
Parents or guardians consenting to a child’s entry to any of the Events must indicate acceptance by ticking the relevant box during the registration process confirming:
I certify that I am the parent or guardian of the person in this application who will be under 18 years of age on the day of the Swim Event and/or Run Event (as the case may be) and that he/she has my consent to participate in the relevant Events. I agree to the above Terms and Conditions of Entry, agree to take full and sole responsibility for the Entrant’s safety and participation in the Event(s) and indemnify the Event Organisers in accordance with these terms and conditions on behalf of the applicant.