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.
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:
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:
7.You warrant that You:
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:
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.
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.
21.There are no refunds for entries for the 2020 Bondi to Bronte Virtual event.
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.