Havaianas Thong Challenge 2012

TERMS AND CONDITIONS OF EVENT: PLEASE READ THIS DOCUMENT CAREFULLY.

In so applying and in consideration of the acceptance of the Applicant’s application to participate in the Event, the Applicant hereby acknowledges and agrees to the following terms and conditions governing the Applicant’s participation in the Event:

1. Release of Liability

As a condition of acceptance of the Applicant’s entry into the Event to the extent permitted by the law, the Applicant waives all claims, rights or causes of action which the Applicant may otherwise have against Team arising out of the Applicant’s death, personal injury, damage (including property damage) or loss of any description whatsoever that the Applicant may suffer or sustain (however caused) in the course of, or consequent upon the Applicant’s entry, participation in or attendance at the Event.

2. Risks of the Event and Medical Fitness

2.1. The Applicant acknowledges and agrees that entry to, participation in or attendance at the Event is dangerous and that accidents causing harm can and do happen and may happen to the Applicant. The Applicant accepts and assumes the inherent risks in participating in the Event.

2.2. Without limiting the generality of clause 2.1, the Applicant acknowledges and agrees that participating in this event may involve a real risk of serious injury or even death from various causes including but not limited to over-exertion, dehydration, inhalation of water, the hazards of travelling on an inflatable air bed (including, but not limited to the risks inherent in water sports, swimming and other foreseeable risks related to swimming in the ocean, and unknown defects in the design or manufacture of the inflatable air beds which do not comply with standards applicable to life saving flotation devices), extremes in weather and temperature including sudden and unexpected change, the possibility of contact with marine life that can injure and kill, ultraviolet radiation that can cause harm including sunburn and sunstroke, accidents with other participants, spectators or the failure or unsuitability of the facilities (including but not limited to the inflatable structure) designed to ensure the safety of persons or property at the Event.

2.3. The Applicant verifies that the Applicant is physically fit and has disclosed any medical conditions the Applicant thinks or ought on reasonable grounds to think are relevant to the Applicant engaging in the Event bearing in mind the Applicant’s own safety and the safety of other participants. The Applicant acknowledges that the Applicant should seek medical advice prior to participating in the Event if the Applicant has suffered or is suffering from a medical condition. The Applicant agrees to immediately notify the Officiating Parties in writing of any change to the Applicant’s fitness and ability to participate. The Applicant understands and accepts that the Team will continue to rely upon this information as evidence of the Applicant’s fitness and ability to participate.

2.4. If the Applicant suffers from any injury or illness at the Event, the Applicant agrees that any person from the Team may, at the Applicant’s own cost, arrange medical treatment and emergency evacuation services, as shall be considered necessary by that person for the Applicant’s safety. The Applicant agrees to pay all costs of such treatment and evacuation and reimburse the Team for all costs that they incur for that treatment and emergency evacuation.

3. Exclusion of Liability

In consideration of Officiating Parties accepting the Applicant’s application to Participate in the Event and allowing the Applicant to participate in the Event, the Applicant;

(a) releases and forever discharges the Team (including any volunteers, insurers and any person or body directly or indirectly associated with the Event) from all Claims, whether arising from the negligence of the Team (or any part thereof) or otherwise, that the Applicant may have or may have had but for this release, arising from or in connection with the Applicant’s participation in the Event; and

(b) indemnifies and holds harmless the Team (including any volunteers, insurers and any person or body directly or indirectly associated with the Event) to the full extent permitted by law in respect of any Claim by any person arising as a result of or in connection with the Applicant’s participation in the Event.

In this clause “Claim” means and includes any action, suit, proceeding, claim, demand, liability, damage, loss, penalty, cost or expense.

4. Warranties

The Applicant warrants that;

(a) all information provided in this application is true and correct; and

(b) the Applicant is able to swim 400 metres in open water unassisted; and

(d) the Applicant will advise any Event staff of any known health problems or disabilities and any prescribed medication that may be used in the treatment of such health problems during the course of the Event; and

(e) the Applicant will immediately notify the Event staff of any incident or accident involving personal injury or illness experienced during the Event. If such illness or accident occurs the Applicant agrees to immediately supply personal information including the Applicant’s name and address to Event staff; and

(f) in entering into this agreement the Applicant is not relying on any representations made by or on behalf of the Team and have used the Applicant’s own judgement. The Applicant understands that the Applicant is not obliged or induced to enter into the agreement and participate in the Event and chooses to do so of the Applicant’s own free will understanding that the Event has risks and accepting sole responsibility , where permitted by law, for the risks that are associated with the Event.

5. Photography and Video

The Applicant understands that the Events may be photographed, videotaped, or otherwise recorded, and grants the Officiating Parties and their licensees the worldwide right in perpetuity, to use the Applicant’s name, image and likeness in any form and for any purpose, without approval or compensation to the Applicant or to any third party.

6. Adherence to Rules

The Applicant agrees to abide by the Event rules and regulations at the Event set down by Event officials.

7. Privacy

The Officiating Parties will strictly adhere to applicable privacy laws. Personal information contained in this form will be securely stored and will not under any circumstances be used by or sold to any third party. It will be used only for the purpose for which it was collected and to advise the Applicant of next year’s Event.

8. Acknowledgement and Applicable Law

The Applicant acknowledges that the Applicant has read, understood and agrees to the terms in this document. The Applicant acknowledges that the Applicant is aware that this is a release of liability and rights and a binding contract between the Applicant and the Officiating Parties for the benefit of the Team and acknowledges and agrees that this release continues forever and binds the Applicant’s heirs, successors, executors, personal representatives and assignees. This document is governed by laws of New South Wales.

9. Non-refundable registration fee.

The Applicant acknowledges and agrees that the registration fee for the Applicant’s participation in the Event is non refundable.

10. Parties

The parties involved in the conduct of the Event are;

(a) Owner, Promoter & Sponsor – Aqueo Import and Distribution Pty Ltd (ABN 55 098 528 440) of 234 Bronte Road, Waverley NSW 2024 (“Aqueo”)

(b) Event Manager – Urban Media Australia (ACN 114 467 837) of Level 3, 5 – 13 Queens Street, Chippendale, NSW 2008 (“Urban”)

(c) Event Assistance & Emergency Procedures partner – Surf Life Saving Australia Limited and its affiliates and its member clubs patrolling the beach where the Event takes place.

who for the purpose of this document collectively known as “Officiating Parties”.

11. Further Definitions

For the purposes of this document:

(a) “SLSA” means and includes Surf Life Saving Australia Limited, all its subsidiaries, members (including State Centres & clubs), branches and affiliates.

(b) “Council” means and includes Waverly Council in New South Wales, Great Ocean Road Coast Committee in Victoria, Sunshine Coast Regional Council in Queensland, City of Holdfast Bay Council in South Australia & City of Joondalup Council in Western Australia.

(c) “Team” means and includes Aqueo, Urban, SLSA, Council and their respective directors, officers, members, servants & agents