ACCIDENT WAIVER AND RELEASE OF LIABILITY FORM

WAIVER

ACCIDENT WAIVER AND RELEASE OF LIABILITY FORM

I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THIS EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.

I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity.

I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity in which I may participate, and that it will govern my actions and responsibilities at said activity.

In consideration of my application and permitting me to participate in this activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:

(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, and/or their directors, officers, employees, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers;

(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.

(C) I acknowledge this is a challenging swim and I enter at my own risk. Open water swimming may expose me to hypothermia, marine creatures, boat accidents, clashes with other swimmers and objects in the water.

(D) I acknowledge that the Skipper is ultimately responsible for my welfare from when I board the mother boat Channel Queen from land until I disembark from Channel Queen or other event support boat and set foot onto land again or until handed over to emergency services.

(E) I understand and acknowledge that the only insurance provided for the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, is public liability cover. All other insurances are the sole responsibility of me. I acknowledge that the Skipper is ultimately responsible for my safety and welfare on Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023. I acknowledge that the Skipper is responsible for ensuring that contact is made with me (the swimmer) in the water, and that I, the swimmer is alongside, within 20m at all times, the Support Boat Channel Queen or other Event Support Boat which is provided for me by Swimon Pty Ltd.

(F) All parties involved in the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, may be exposed to risks. The interested parties exclude all liability in respect of any death, physical or mental injury or any loss or damage to property.

(G) I undertake to ensure that I will comply with British Marine Legislation and the direction of Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, Skipper and Crew at all times. I understand that failure to do so shall result in automatic disqualification, from the event, and acknowledge that it may also result in my prosecution.

(H) I undertake that I will ensure that I remain within 20m of the support boat which I am allocated to at all times. I understand that failure to comply with this safety measure shall result in disqualification.

I acknowledge that Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, and their directors, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.

I acknowledge that this activity may involve a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by sea conditions, temperature, weather, condition of participants, equipment, boat traffic, kayakers, other swimmers, hypothermia, marine creatures, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers.

I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during this activity.

I understand while participating in this activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and assigns.

The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

1. I hereby declare that I am medically and physically fit and capable and have undertaken all necessary and adequate preparation and training and I am able safely and successfully to complete the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023. 
2. I acknowledge this is a challenging swim and I enter at my own risk.
3. I acknowledge that I enter the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, entirely at my own risk and that the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, is a challenging, open water swim with the risk of injury and possible fatality notwithstanding the risk management plan and safety measures adopted by the Director of Swimon Pty Ltd.
4. I acknowledge that I am aware that by taking part in this open water swimming Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023 may expose me to the possible risks of open water swimming including drowning, shark attack, marine stingers, and injury by other marine life, being hit by a boat, object, or person, and hypothermia. I acknowledge that I am aware that the extended time that I spend in the water in taking part in this open water swimming Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, may expose me to the risk of hypothermia. I acknowledge that although all competitors are at risk, swimmers of a lower body mass index (BMI) are at greater risk. By agreeing to take part in this Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, I accept that risk.
5. I certify that I am eighteen years of age or older on the day of the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023. I hereby waive all and any claims, rights or causes of action which I or they might otherwise have for, or arising out of, loss of life or injury, damages or loss of any description whatsoever which I or anyone involved in supporting me to prepare for or assist me to travel to and from the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, on my behalf as well as my equipment may suffer or sustain in the course of, or consequent upon, my entry, preparation for, or participation in the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023
6. I indemnify the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, Skipper, crew, volunteers, sponsors and service providers against any claim for damages or injury arising as a result of my conduct, preparation and participation in the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023. This waiver, release and discharge shall operate separately in favour of all persons, corporations, organisations and bodies involved or otherwise engaged in promoting, managing, operating or staffing the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, and the servants, agents, sponsors, representatives and officers of any of them including officers of the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, and shall so operate to the fullest extent permissible at law whether the damage or cause is due to any act, commission of an act or omission, omission or neglect of any of them.
7. I understand and acknowledge that the only insurance provided for the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, is public liability cover. All other insurances are the sole responsibility of me.
8. I acknowledge that I have read the rules, terms and conditions.
9. I agree to follow instructions of the Event Organiser, Head Skipper and crew; I agree to comply with all the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, Rules and conditions.
10. I consent to receive medical aid in the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, or treatment, including ambulance transportation, which may be deemed advisable at the discretion of the Event Organiser or the skipper during the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, of any injury, accident, or illness to me.
11. I acknowledge and accept that the Event Organiser has the authority to disqualify me if they believe I am unable to continue in the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, for medical reasons.
12. I hereby agree that in the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, in adverse weather conditions, or any other matter which gives rise to a safety concern(s), the Swim Organiser has the right to modify or cancel the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, Swim and the entry fee shall not be refundable in whole or in part.
13. I acknowledge and accept that the Event Organiser has the authority to disqualify me if they believe I have breached a fundamental safety rule of the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023.
14. I acknowledge and consent to photographs and electronic images being taken of me, before, during, and after the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, by an official representative of Another Level Performance or a party appointed by the Director, and agree that such photographs and electronic images are owned by Swimon Pty Ltd. I understand that all participant details including will be entered into the Swimon Pty Ltd database. I give permission for the free use of my name, voice or pictures in any broadcast, telecast, advertising, promotion or other account of this Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, including advertising and promotions for future Swims organised by Swimon Pty Ltd and other open water swimming related business’ created by Chloë
    Under the Privacy Act your personal details will not be released to public sector agencies.
15. I understand that as a solo swimmer in the Swimon Pty Ltd, my entry is not transferable and that no other person is permitted to participate in the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, in my place. A written notification must be submitted prior to the Event to seek approval and the new swimmer must meet the event requirements to be allowed to enter.
16. I declare that all the information supplied by me in the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023, registration system is true and correct. I acknowledge and accept that the Event Organiser reserves the right to request information from entrants to validate this information.
17. I acknowledge and agree that by my conduct in participating in the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023 I am submitting to the Rules, Terms and Conditions of Entry. I acknowledge that if I do not agree to the Terms or Conditions of Entry, I will not be permitted to participate in the Swimon Pty Ltd.’s Charity Swim Day on June 5, 2023.