2020 Macquarie Bondi to Bronte Virtual Swim Terms and Conditions of Entry

Introduction

1. This document contains the Terms & Conditions governing Your preparation for and participation in the 2020 Macquarie Bondi to Bronte Virtual Swim (“Event”).

2. By completing the online entry process, or by preparing for or participating in the Event, You agree to be bound by these Terms & Conditions which you acknowledge constitute the terms and conditions of an agreement between you and Bronte Surf Life Saving Club Incorporated (“Bronte SLSC”).

3. Bronte SLSC agrees to permit you to participate in the Event upon and subject to these Terms & Conditions.

Acknowledgement and Assumption of Risk

4. You acknowledge that preparation for and participation in the Event can cause personal injury and/or death. The risk of personal injury or death includes (but is not limited to) the following:

      a.Environmental risks - You may be subject to the usual risks associated with participating in recreational activities in an aquatic environment. These include risks arising from the movement of water (including currents, waves and swell), dangerous marine creatures (including sharks, and stinging and venomous marine life), water-borne diseases, extremes of temperature (including water temperature), and exposure to sun (including sunburn, sun stroke and heat stroke) and wind (including hypothermia). The risks also include risks associated with the physical characteristics of the body of water in which you prepare for or participate in the Event, such as sandbars, submerged or floating logs or other objects, netting, and fishing nets, traps and lines. These risks may not be marked or visible, and may change rapidly including during the course of the Event;
      b.Swimming risks - You may be subject to the usual risks associated with swimming. These include the risk of drowning (including partial drowning and secondary drowning), of colliding with other swimmers, of colliding with watercraft (including powered watercraft); of colliding with other users of the water in which You are swimming (including surfers, bodyboarders, spear fishers. It also includes the risk of personal injury or death as a result of diving, jumping or otherwise entering and exiting the water;
      c.Personal health risks - You may be subject to risks to your personal health, including the transmission of communicable diseases from other participants or from members of the general public (including but not limited to COVID-19). You may also be subject to risk arising from a lack of fitness, or from other aspects of Your physical, mental or emotional condition (including the use of alcohol, or prescription or non-prescription drugs or medications);
      d.Equipment risks - You may be subject to risks associated with the misuse, failure or malfunction of equipment used by You;
      e.Supervision risks - You may be subject to risks arising from the fact that your preparation for and participation in the Event will not be supervised or monitored by Bronte SLSC.

5.You acknowledge and agree that these Terms and Conditions, and in particular the provisions of paragraph 4 above, constitute a “risk warning” in accordance with relevant legislation including the Civil Liability Act 2002 (NSW).

6.You acknowledge and agree that:

      a.You are bound by these Terms and Conditions, and any policies, procedures or rules adopted or implemented by Bronte SLSC in relation to the Event;
      b.You are fully capable of preparing for and participating in the Event without causing harm to Yourself or others.
      c.Preparation for and participation in the Event requires a degree of fitness and endurance, and You are solely responsible for Your conditioning and fitness prior to, during and following Your preparation for and participation in the Event;
      d.You are solely responsible for determining whether or not preparation for and participation in the Event is appropriate or safe for You;
      e.You are not aware of any matter relating to your physical, mental or emotional health that renders your preparation for or participation in the Event inappropriate or unsafe for You;
      f.You have obtained appropriate advice from a suitable health practitioner in relation to any pre-existing physical, mental or emotional condition before Your preparation for or participation in the Event;
      g.You voluntarily assume all risks of personal injury and death associated with or arising out of preparation for or participation in the Event, whether or not such risks are known to you or to Bronte SLSC, and whether or not the risks are within the control of Bronte SLSC, and whether or not the materialisation of the risk is caused or contributed to by Bronte SLSC.

7.You warrant that You:

      a.are and continue to be physically, mentally and emotionally fit to prepare for and participate in the Event;
      b.are not a danger to Yourself or to the health and safety of others;
      c.are not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for You to prepare for or participate in the Event.

8.You acknowledge that depending upon your location health and safety measures may be in place due to the potential spread of COVID-19 (including non-mandatory health advisories, and mandatory public health orders and other laws and regulations). You agree to observe and comply with all such advisories, public health orders, laws and regulations during your preparation for and participation in the Event. You further acknowledge that there is an inherent risk of exposure to COVID-19 in any public or private place where people are present, and that by preparing for or participating in the Event You voluntarily assume all risks related to exposure to COVID-19.

9.You acknowledge that Your preparation for and participation in the Event will take place at locations (including premises and in the natural environment) not owned or controlled by Bronte SLSC, and Bronte SLSC does not oversee or take responsibility for an aspect of the conditions present at these locations (for the avoidance of doubt this includes Bronte Baths, Bronte Beach and the waters adjacent thereto).

10.You agree to release, hold harmless and not to sue Bronte SLSC in relation to any and all claims, liabilities, suits or expenses (including medical and legal costs) that you have or (but for these Terms and Conditions) may have had in respect of any personal injury or death or any other damage or loss arising out of or in any way connected with Your preparation for or participation in the Event howsoever arising, whether or not caused by any act or omission by Bronte SLSC (and whether or not negligent, reckless or wilful, or done in breach of a statutory duty, or done in breach by Bronte SLSC of any term of this agreement, whether express or implied).

11.You agree to indemnify Bronte SLSC with respect to any and all claims, liabilities, suits or expenses (including medical and legal costs) in respect of or arising out of or in any way connected with any personal injury or death or any other damage or loss to You arising out of or in any way connected with Your preparation for or participation in the Event howsoever arising, whether or not caused by any act or omission by Bronte SLSC (and whether or not negligent, reckless or wilful, or done in breach of a statutory duty, or done in breach by Bronte SLSC of any term of this agreement, whether express or implied).

12.You acknowledge and agree that the release given in clause 10 and the indemnity given in clause 11 are each given to and for the benefit of the following (jointly and severally): Bronte SLSC, Surf Life Saving Australia (and any of its State Centres, Branches, affiliated Surf Life Saving Clubs and Committees, and its Members), the sponsors of the Event, and all other persons and entities involved in or otherwise engaged in organising, promoting, staging, administering, running or controlling the Event.

13.You acknowledge and agree that the release given in clause 10 and the indemnity given in clause 11 are each binding upon You, Your executors, administrators, dependents and other personal representatives.

14.You acknowledge and agree that the liability of Bronte SLSC in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for:

      a.death;
      b.physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
      c.the contraction, aggravation or acceleration of a disease;
      d.the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
      i.that is or may be harmful or disadvantageous to you or the community;
      ii.that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities, is excluded and the application of any express or implied term that any services will be provided with due care and skill, or the application of any statutory guarantee that any services will be provided with due care and skill, is hereby excluded.

15.You acknowledge and agree that the entry fee payable for participation in the Event does not include personal accident insurance cover. You agree that you are responsible for your own personal accident, medical and/or life insurance and any and all expenses in the event of personal injury or death.

General

16.You agree to and consent to the free use of Your name, personal information, photograph, interview, appearance or participation in the Event in any newspaper, promotion, advertising material, publication, video, broadcast, website or social media by Bronte SLSC or the sponsors of the Event.

17.Except as provided for by clause 15, Your personal information will be used only for the purposes of communicating with You about the Event and promotional activities related to the Event, and otherwise in accordance with the National Privacy Principles.

18.You agree that the governing law of this agreement is the law of New South Wales, and You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, and waive any right to object to the exercise of jurisdiction by those courts.

19.These Terms and Conditions (and any documents referred to herein) constitute the entire agreement between You and Bronte SLSC in relation to Your preparation for and participation in the Event, and supersedes all other agreements, understandings, representations and negotiations with Bronte SLSC in relation to the Event.

20.To the extent that any part of this agreement is unenforceable it is to be read down so as to render it enforceable and if it cannot be read down that part of the agreement is severable and does not affect the remaining provisions of this agreement.

Refund Policy

21.There are no refunds for entries for the 2020 Bondi to Bronte Virtual event.

Interpretation

22.For the purposes of these Terms and Conditions:

“Bronte SLSC” means Bronte Surf Life Saving Club Incorporated, and includes the employees, agents, servants, members and volunteers of Bronte SLSC.

“personal injury” includes any injury, disease, disorder or impairment of the body or of the mind.

“You”/”Your”/”Yourself” refers to you if you are over the age of 18. If you are completing the online entry on behalf of a person under the age of 18 then references to “You”/”Your”/”Yourself” refer to both you and to the person on whose behalf you have completed the online entry.

Bondi to Bronte Sponsor

macquarie ocean swim sponsor sydney

Event Partner

engine swim

world series swims

Charity Partner

the kids cancer project

Junior Swim Partner

Banana Boat