This is an Agreement between the Entrant and Coogee SLSC in Relation to the Event
This document (“the Entrant Agreement”) constitutes the acknowledgment, acceptance and agreement and the incorporation of the terms and conditions of and in respect of the entrant (‘the Entrant’) in relation to the Entrant’s participation in the Coogee Island Challenge swim (“the Event”), as overseen by the Coogee Surf Life Saving Club (“Coogee SLSC”) and all related committees, officers, members and employees of the Coogee SLSC.
It is important that you read this document.
Overall Agreement and Consideration
1. In consideration of the payment of the relevant entry fee by the Entrant (“the Entry Fee”) , or as paid on their behalf, and by lodgement of this entry form (‘the Entry”), the Entrant agrees to be bound by all terms and conditions of the Entrant Agreement as set out in this document.
2. The Entrant acknowledges and agrees that at all times the Entrant is under the direction of all members and representatives of the Coogee SLSC in relation to the running of the Event and that the Entrant Agreement is subject to change from time to time at the sole discretion of the Coogee SLSC and without any notice to the Entrant.
3. Coogee SLSC may in absolute discretion take steps to advise the Entrant of any such change by any reasonable means but is under no mandatory requirement to do so.
“Ocean Swims Can Be Challenging! Are You Event Fit?”
Acknowledgment of Risks Associated with the Event and Entrant’s Statement as to Preparation and Training for the Event
4. The Entrant acknowledges and agrees that:
(a) the Event is subject to and may be dependent upon variable conditions as per the day of the Event;
(b) the decision as to whether the overall Event is to be run is at the sole discretion of the Coogee SLSC up to and including the advertised start times on the date of the Event and at any time during the running of the Event;
(c) while every care has been taken by the Coogee SLSC to ensure the Entrant’s safety at all times, the Event is one of inherent risks and is subject to all risks obvious to the Entrant in relation to ocean swims and related aquatic activities in respect to an open water ocean swim of the advertised distance and course;
(d) the Entrant has taken all reasonable steps to inform themselves of all risks associated with the Event, up to and including the day of the Event;
(e) without limitation to the above, the Entrant has taken or will on the day of the Event take all reasonable steps to inform themselves of all weather and ocean conditions, including but not limited to swell size, tides, ocean temperature and the like, the safety measures in place, and first aid coverage provided for the Event;
(f) the Entrant will attend any water safety briefing called and coordinated by Coogee SLSC at any time on the day of the Event. It is the responsibility of the Entrant to determine if and when such a briefing is to be held and when;
(g) all relevant information in relation to the preceding matters may be sought by the Entrant at their discretion from the Coogee SLSC on the day of the Event;
(h) every care has been taken by Coogee SLSC to ensure the safety of the Entrant during the running of the Event with particular emphasis on risk assessment in consultation with the relevant authorities on the day of the Event, the provision of first aid by members of the Coogee SLSC, and the use of a suitable number of surf rescue assets in the conduct of the Event.
5. The Entrant also acknowledges and agrees that as a condition of entry into the Event as evidenced by the Entry, that the Entrant has undertaken sufficient training for the Event and that they are not aware of any illness, injury, physical disability or impairment which may cause them injury or death or increase any risk associated with the Event during or as a consequence of participation in the Event.
“I’ve Thought About the Risks of Ocean Swimming! Haven’t I?”
Entrant’s Warranty as to Risk Assessment and Consent to Entry in to Event in Acknowledgement of Risks
6. By participating in the Event the Entrant warrants at the time of Entry that the Entrant accepts full responsibility for informing themselves and assessing all the dangers, hazards and risks of entry in the Event and will rely solely on their own assessment at the date of the Event of these dangers, hazards and risks before participating in the Event and notwithstanding any decision thereon made by Coogee SLSC in respect of the running of the Event.
7. The Entrant acknowledges and agrees that:
(a) the decision to participate in the Event is entirely the Entrant’s and done at the volition of the Entrant; and
(b) the Entrant accept all risks associated with participation in the Event, including but not limited to loss of life and/or any injury (including any permanent injury).
8. By participating in the Event the Entrant consents to any or any possible exposure to the risks associated with the Event and all relevant terms and conditions of the Entrant Agreement.
Entry in to Event
9. Only entries submitted by or on behalf of the Entrant through the official online registration and Entry system in respect of the Event will be accepted for entry in to the Event by Coogee SLSC and any of its third-party service providers. The information on how to enter and the details about the Event forms part of the Entrant Agreement. The number of entrants will be strictly limited and will be decided solely at the Discretion of Coogee SLSC on the basis of those entries first received or until registrations close. However, this previous may be altered at the sole discretion of Coogee SLSC
10. Promotional codes in relation the payment of the Entry Fee may only be used by or on behalf of the Entrant where the Entrant meets the conditions applying to the code and uses it within the validity period. Promotional codes are not able to be redeemed or exchanged for cash and must only be used by the Entrant to whom the relevant code was issued to by the code owner. Promotional codes may not be used in conjunction with any other offer.
11. Coogee SLSC reserves the right to modify, suspend and/or cancel any promotional code at any time without notice to any Entrant. No refunds will be made to Entrants who have access to a promotional code but who do not use the code at the time of registration and purchase. No refunds will be made to Entrants who register for two events separately instead of selecting a package option.
12. In relation to matters of entry into the Event, the Entrant acknowledges and agrees that:
(a) entry and registration in the Event is personal to the Entrant and no other person is permitted to participate in the Event in place of the Entrant;
(b) any change of contact or similar details by the Entrant after registration will be notified by the Entrant to Coogee SLSC;
(c) registration is not transferable to third parties.
“Time and Tide Waits For No-One”
13. The Club reserves the right, in its absolute discretion, to reject or cancel any entry at any time, including without limitation for safety or insurance reasons, or if, in the opinion of Coogee SLSC, the Entrant will not be able to complete the Event within the cut-off times. There will be no refund any portion of the entry fee in such circumstances. All relevant cut off times will be announced on the day of the Event through the Event public address system.
Agreement to Follow All Relevant Public Health Directions and Similar Government or Authority Edicts in Place at the Time of the Event
14. The Entrant agrees:
(a) to follow all reasonable directions from Coogee SLSC to comply with any relevant public health orders or similar directions from a government or regulatory body then in place at the time of the Event; and
(b) that failure to so comply will mean immediate disqualification from the Event at the absolute discretion of Coogee SLSC with no refund or otherwise in relation to the entry fee.
Participation in the Event on the Day of the Event
15. The Entrant agrees to abide by all Event terms and conditions during the running of the Event and to be under the overall direction of Coogee SLSC. In particular, on the day of Event the Entrant must and will follow the approved course for the Event and obey all directions and instructions given by Coogee SLSC and Event officials and relevant third parties (such as members of the Emergency Services and local government Life Guard services) and any third party service provider to Coogee SLSC in relation to the Event.
16. The Entrant acknowledges and agrees that Coogee SLSC may, in its absolute discretion, at any time and from time to time vary the rules and regulations of the Event without prior notice to the Entrant.
Consent to First Aid
17. The Entrant consents to receive any such emergency medical aid or preventative treatment which may be deemed advisable in the unfettered discretion and decision of Coogee SLSC in the event of any injury accident or illness to the Entrant before, during or immediately after participation in the Event.
Consent as to Water Safety and Aquatic Rescue
18. The Entrant consents to being removed from the Event during the conduct of the Event by any water safety official or aquatic rescue vehicle if in the absolute discretion of Coogee SLSC, such removal from the course and Event is warranted due to concerns over the safety, condition, welfare and well-being of the Entrant in any event.
Wearing of Timing Chip and Swim Cap and Related Issues (and use of Wetsuits and Associated Issues)
19. The Entrant acknowledge and agrees that when participating in the Event that:
(a) the Entrant must wear:
(i) a FINA approved swimsuit as per the current FINA website;
(ii) the official ankle timing chip and swim cap corresponding to the registration made in the Entrant’s name;
(b) subject to clause 19 (c) below, the wearing of wetsuits by the Entrant is optional to the Entrant where the Coogee SLSC or any other relevant third party has determined that the water temperature is below 16.8 degrees Celsius and that in such circumstances, the Entrant will not be entitled to any prizes to be awarded in the Event;
(c) wetsuits must be worn where the Coogee SLSC or any other relevant third party has determined that the water temperature is below 14.8 degrees Celsius;
(d) the use of fins and flippers are a potential hazard to other Entrants and where the Entrant uses such devices, they are required to start the Event behind all other entrants; and
(e) pull buoy and paddles are not allowed.
Assessment as to Entry; Final Approval by Coogee SLSC; Removal from Event
20. The Entrant acknowledges and agrees that:
(a) entry into the Event by the Entrant is only valid upon final approval from Coogee SLSC up to and including the start of the Event;
(b) to participate in the Event, unless the Entrant complies with the conditions of entry on the day of the Event which may include checking in with the Event’s QR code or otherwise having all details recorded by the Event staff and providing proof the Entrant is double vaccinated against COVID-19 or have an acceptable medical exemption;
(c) should the Entrant fail to meet the entry criteria, the Entrant will not be permitted to participate in the Event and will not be eligible for a refund;
(d) Coogee SLSC may in its absolute discretion remove or exclude the Entrant from the Event area and/or exclude the Entrant from participation in the Event if in the opinion of Coogee SLSC it is necessary to do so, due but not limited to:
(i) any behaviour being inappropriate, offensive, or abusive;
(ii) prevent damage to any property;
(iii) medical, health and/or safety grounds; and
(iv) to prevent or arrest any form of unauthorized marketing.
Postponing & Cancellation of the Event – Refund Policy
21. The Entrant acknowledges and agrees that:
(a) refunds may only be issued for the Event entry fee where participation in the Event is not appropriate due to medical reasons that is supported by a current medical certificate outlining the condition and lodged with the Coogee SLSC 3 business days prior to the Event. Any decision as to whether to issue a refund will be solely at Coogee SLSC discretion. If Coogee SLSC decides to refund an Event entry fee, the Entrant understands that up to a 50% administration fee will be deducted from the race entry fee paid. Refunds will not be made for any additional items purchased, such as event merchandise and charitable donations;
(b) a refund may be issued for the Event entry fee where a COVID-19 test with a positive result within 7 days of the Event is received or if awaiting COVID-19 test results. Coogee SLSC will require proof of testing and/or results. Refunds will not be made for any additional items purchased, such as event merchandise and charitable donations;
(c) if the Entrant is experiencing any symptoms of COVID-19, they must get tested for COVID-19 and not compete in the Event;
(d) Coogee SLSC reserves the right to cancel the Event at any time if the Club considers in its sole discretion this is required due to any sort of dangerous conditions and/or force majeure. In the event of cancellation, there will be no refund of entry fee unless otherwise determined by Coogee SLSC in its sole discretion and the cancelled Event may not be re-scheduled. If Coogee SLSC decides to refund an Event entry fee, the Entrant understands that up to a 50% administration fee will be deducted from the race entry fee paid. A decision will be made as soon as practically possible and posted on the Event website and social channels;
(e) Coogee SLSC reserves the right to cancel the Event at any time due to COVID-19 and/or NSW Health Orders. In the event of cancellation, an alternate date may be looked at to stage the Event. If the Event is cancelled and alternate dates are unavailable, a credit for the full Event entry fee will be provided against the entry fee for the next scheduled Event. Credits will not be made for any additional items purchased, such as event merchandise and charitable donations.
Consent as to use of Personal Information and Privacy Issues
22. The Entrant acknowledges, agrees and consents that:
(a) Coogee SLSC may use any personal details in the Entry for the administration of the Event and by any third parties selected by Coogee SLSC during the registration process, including to SMS information about the Event;
(b) any personal details including photographs, filmed or recorded image, may be used by the Club for future marketing and promotional purposes without any compensation being due and owing; and
(c) expressly consents to the publication and/or use in any form of media whatsoever of the name, race result, image, voice, statement or otherwise of the Entrant, (including the publication of name and/or Event result, suburb and applicable age bracket in any media publication and/or on the Event website) without any payment or compensation.
Privacy Collection Statement
23. The Entrant agrees to and expressly acknowledges the following Privacy Collection Statement of Coogee SLSC, and with specific reference to the Event:
Coogee SLSC collects certain personal information for the administration of the Event and for future marketing and promotional purposes relating to future running of the Event. Coogee SLSC may disclose and use personal information in accordance with the Coogee SLSC privacy policy available through the Coogee SLSC office and/or in accordance with the Entrant Agreement. Coogee SLSC may disclose personal information to any third parties involved in the Event, including service providers and any charities selected by Coogee SLSC. Further information on how the Club handles your personal information is contained in the Coogee SLSC Privacy Policy, available at the Coogee SLSC
Warranty as to Information and Entry
24. The Entrant warrants that:
(a) all the information supplied in the Entry and registration process is true and correct;
(b) the Entrant is 18 years or older or that the Entry is facilitated by the parent/legal guardian of the Entrant who is under the age of 18 years, and they have read this document and fully understand it; and
(c) where the entry is facilitated by a parent or legal guardian of the Entrant, they agree to these terms and conditions for and on behalf of the Entrant.
Release and Waiver
25. In consideration of acceptance of the Entrant’s Entry in the Event by Coogee SLSC, the Entrant agrees and declares that:
(a) on the Entrant’s behalf and on behalf of their heirs, executors and administrators and declare that to the extent permitted by law, the Entrant hereby releases, waives and discharges Coogee SLSC, and all of its directors, officers, members and employees from and against all and every claim, right or cause of action (including for negligence, for breach of contract or breach of statute) which the Entrant might have or which may arise out of the Entrant’s death or injury and/or damage or loss of any description which the Entrant may suffer or sustain as the result of or in connection with participation in the Event;
(b) this release, waiver and discharge continue forever and binds all heirs, executors, personal representatives of the Entrant and assigns and may be pleaded as a bar to any action, claim, demand, suit or legal proceedings;
(c) for the avoidance of doubt, this release, waiver and discharge expressly operates jointly and severally in favour of the Coogee SLSC and its related bodies corporate, and their respective directors, officers, agents, contractors, employees and volunteers including medical and paramedical personnel appointed for the Event, Event stakeholders, the owners, licensees and occupiers of the land upon which the Event or any part of it is conducted, any statutory body or local authority having control over any land upon which the Event or any part of it is conducted, Event sponsors, supporters, persons, corporations, contractors, sub-contractors, volunteers, servants and employees involved or otherwise engaged in promoting, staging, administering, running or controlling the Event; and
(d) where an Entrant is under the age of 18 years, in consideration of Coogee SLSC agreeing to accept the Entry of this Entrant in the Event, the relevant parent or guardian agrees for themselves, the Entrant, their heirs, executors and administrators to hereby waive release and discharge (to the extent permitted by law) all and every claim, right or cause of action (including for negligence, for breach of contract or breach of statute) for which they might have or which the minor Entrant may have or which arises out of the death, injury, damage or loss of any description which they or the Entrant may suffer or sustain as a result of participation in the Event. This release continues forever and binds the Entrant’s heirs, executors, personal representatives and assigns and may be pleaded as a bar to any action, claim, demand, suit or legal proceedings.
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