Safety and Risk Warning (Section 5M Civil Liability Act 2002)
All swimmers intending to swim in this Event must read the following announcement by the organisers of The Sydney Skinny:
- THIS IS A PHYSICALLY DEMANDING EVENT. The Sydney Skinny (the Event) organisers cannot guarantee your safety. Obvious risks include injury and/or drowning, due to being hit by other persons, objects or boats, cold weather, entry and exit injuries, medical conditions, marine stingers and sharks. Swimmers enter at their own personal risk and are responsible for deciding if their own physical condition allows them to participate.
- If you experience difficulty while swimming attract the attention of support paddler/water safety personnel: DO NOT PANIC, remain stationary, raise your arm and wait for assistance. A swimmer deemed incapable of completing the course by our water safety team may be brought onto one of the support vessels by the water safety team at any time.
- While in the water, all swimmers must comply with the directions of the Water Safety Team.
It is the responsibility of the swimmer to inform themselves of the beach and water conditions before entering the water.
Waiver and Indemnity
THIS IS A DANGEROUS RECREATIONAL ACTIVITY AND YOU ENTER AT YOUR OWN RISK. Each swimmer should be a competent swimmer. Each swimmer will be required to wear an event participant Bracelet. Officials maintain the right to reject or refuse any entry. Medical officers commissioned by the Event have the authority to remove a competitor from the swim without reason. Swimmers may choose to wear bathing suits or not. Swimmers are permitted to use floatation aids like flippers. All swimmers must swim the prescribed course. All swimmers must be able to complete at least 1,000m in a pool without the need to stop.
Every effort has been made to ensure that the information in this publication is accurate. However the author expressly disclaims all warranties, express or implied, including, but not limited to, the implied warranty of fitness for a particular purpose.
Terms Applicable to the Event
In consideration of The Sydney Skinny (“The Event”) accepting me for the Event I acknowledge I have read and understand the safety and risk warnings waiver and indemnity and the conditions of The Event set out above and I agree to the following conditions:
- Definitions: Reference to indemnified parties includes Nudie Juice Australia, The Sydney Skinny Pty Ltd, AGB Events Pty
Ltd, New South Wales Maritime Authority, Middle Head National Park (and all National Parks), sponsors, supporters, persons, corporations,
contractors, sub-contractors, volunteers, servants and employees involved or otherwise engaged in organising, promoting, staging, administering,
running or controlling the Event.
Reference to “Claims” includes any claim for any type of damages, compensation, costs (including legal costs), awards and/or any other form of loss and/or liability. Reference to “Liability” includes any liability in contract, for breach of any duty of care, under any legislation and/or under any other legal basis.
- Indemnities: I agree to indemnify and keep indemnified the indemnified parties against all actions, suits, demands, claims, proceedings, costs, expenses, liabilities and judgments arising out of or in relation to my participation in the Event. This indemnity may be pleaded as a bar to any action, claim, demand, suit or legal proceedings.
- Waiver: I hereby waive release and discharge all and every claim, right or cause of action (including for negligence, breach of contract or breach of Statute) for which I might have or which arises out of my death, injury, damage or loss of any description which I may suffer or sustain as the result of my participation in the Event.
- Medical Treatment: In the Event of any injury accident or illness to me as the result of my participation in the Event, I consent to receive such medical aid or preventative treatment which may be deemed advisable at the unfettered discretion of Race Medical Officials and Lifeguards. I agree that The Sydney Skinny is under no liability or obligation to arrange any medical and/or hospital treatment which may expose it to financial cost and/or expense.
- Privacy: I consent to the free use of my name, personal information, photograph, interview or appearance in any newspaper, promotion, advertising material, publication, video, broadcast, website or use in any media now known or yet to be devised, by The Sydney Skinny and/or its sponsors.
- Physical Fitness and Medical Condition: I affirm that I have properly trained for and fully satisfied myself as to my physical and medical condition to compete in the Event. I confirm I have fully disclosed to the Event any injury, disability, medical and/or health conditions (whether past or current) which is relevant to my participation in the Event. I understand that failing to do so may increase my risk of being injured or killed. I will notify The Event of any changes to my medical condition, fitness and/or ability to participate in the Event.
- Instructions: I agree to abide by and accept the rules and regulation of The Event whether announced on the day or prior thereto and to accept the decisions of both the Race Director and the Race Committee. I agree and accept that The Event Committee may, at its absolute discretion, vary the rules and regulations of The Event and without prior notice to me. I agree to abide by and accept the rules and regulations of The Event and comply with the safety procedures whether announced on the day or prior thereto and to accept the decisions of both the Race Director and the Race Committee.
- Participation: I agree that my participation in The Event is at the absolute discretion of The Sydney Skinny depending upon weather conditions and other factors such as my medical condition and levels of fitness. I will at the request of The Sydney Skinny cease any and all activities forming part of The Event as directed by The Sydney Skinny. I acknowledge that any such direction from The Sydney Skinny is made in the interest of my safety and/or the safety of other participants in The Event.
- Disclaimer: I agree:
(i) In addition to having read and understood the Safety and Risk Warnings, Waiver and Indemnity for the Event, I accept full responsibility for informing myself and assessing all the dangers hazards and risks of entry in the Event and rely solely on my own assessment of these dangers, hazards and risks before participating.
(ii) As a person engaging in a recreational activity, I enter The Event at my own risk.
- Acknowledgement: I understand and acknowledge:
(i) The risks which are associated with the Event; and
(ii) Accidents can and often do happen which may result in me being injured or even killed.
- Booking Condition: I agree that in the Event of cancellation of the Event my entry fee shall not be refundable.
- Legal Restrictions on Limitation: I agree that the terms and conditions contained in this entry form shall be construed broadly to provide a release, indemnity and waiver to the Indemnified Parties of any liability for loss, injury or other damage to personal property to the maximum extent permitted by law.
- The swimmer age requirement for participation of this event is 18yrs or older restriction.
THE EVENT IS SUBJECT TO WEATHER CONDITIONS ON THE DAY.IF THE CONDITIONS ARE ASSESSED TO BE TOO DANGEROUS FOR THE EVENT TO PROCEED, THERE WILL BE NO RE-RUN OF THE EVENT AND ENTRIES WILL NOT BE REFUNDABLE.
The Event policies and management practices ensures high professional standards in the delivery of participation are maintained, whilst
prioritising safety and minimising hazards to all swimmers and personnel involved in the Event at all times.
- Participants must contact the Event co-ordinators at least ten (10) working days prior to the Event date outlining their request to cancel their entry. Registration fee less 5% will be refunded to cover bank fees and charges.
- For a participant who withdraws from the Event within ten (10) working days of the Event date, no refund will be payable.
The Event and its staff respects your right to privacy and your ability to make informed choices about the collection and use of your personal information. For this reason, all files are strictly confidential and all information is classified. We are bound by National Privacy Principles in the Privacy Act. We use personal information collected from competitors to inform them of competition details or advance notice of competitions. We consider that information provided by you to us is sensitive and deserves to be handled with the utmost care.