TERMS & CONDITIONS
for Keppel Islands Swimming Association (KISA) Swim Around Keppel 2022 (Event), Version: November 2021
I Hereby confirm the following:
The following are the terms and conditions of entry for the event. These terms are not negotiable and by accepting an entry to the event via KISA website’s registration system you are hereby acknowledging your acceptance of our terms and conditions (for participants under 18, a parent or guardian must accept).
WARNING: This is a legal document that affects your rights, if you are uncertain or uncomfortable with any of the conditions of registration then we recommend that you obtain advice to ensure you understand and accept the conditions before accepting.
1. I, the participant in the event, acknowledge and agree that these terms and conditions are subject to change from time to time at the discretion of KISA and without notice to me (the participant).
2. I am electing to swim at the event at my own risk. I acknowledge that this event involves risk of serious injury, loss of life / death from various causes including but not limited to over exertion, equipment failure, dehydration, heart attack, accidents with other competitors, spectators, members of the public, course conditions, weather conditions and other unforeseen causes.
3. I am aware that the Civil Liabilities Act restricts my ability to claim for events where I train and compete at my own risk and in that regard I confirm that I release and discharge KISA its servants and / or agents from any liability whatsoever that may arise as a consequence of my entering and / or participating in this event.
4. I am a competent and capable swimmer. I understand that I should not participate in this event unless I am in a fit state to participate safely. I understand that I should not participate in this event unless I have prepared and trained appropriately for it. My physical condition has been verified by a medical practitioner and qualified swimming teacher or coach and I confidently believe that I am sufficiently fit and healthy to compete in this event and that I am able to tread water in a fatigued state for at least three (3) minutes.
5. 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 maximum extent permitted by law.
6. I am swimming at the event for my own benefit and / or my own reasons and I completely understand that this is my own choice and at my own risk, and I will not hold KISA or any of its members, servants or agents liable for any personal injury, permanent injury, loss of life or loss of property and in any way arising as a consequence of participating in this event.
7. By participating, I accept all risks that could occur from participating in the event including loss of life or permanent injury. Accordingly, I hereby release and discharge KISA or its members, servants, agents, as well as persons or corporations associated directly or indirectly with the conduct of the event from and in respect of all or any claims, demands, actions, proceedings, judgements, liabilities, loss, damages, costs and expenses arising from accident, injury (whether or not fatal), illness, death, loss of life or damage to any person or property whatever in any way arising as a consequence of my participating in this event and I hereby indemnify them against all liability (including liability for their negligence and the negligence of others). This release extends to KISA and their respective directors, partners, managers, officers, agents, contractors, employees and volunteers including medical and paramedical personnel appointed for the event, the owners, licensees and occupiers of land upon which the event or any part of it is conducted, any statutory body or local authority having control over any land upon which the event or any part of it is conducted or which is involved directly or indirectly with the event in any manner whatsoever and promoters, sponsors and event organisers. This release and indemnity continues forever and binds my heirs, executors, personal representatives and assigns.
8. The event reserves the right to recoup from the participant any costs associated with a search and rescue if the participant has failed to notify officials that they have withdrawn from the event.
9. I am aware that the event takes place in an open water area and that the safety precautions undertaken by organiser, KISA (such as course supervision and race-safety briefing) are a service to me and other competitors but there have been no guarantees made to me by KISA as to my safety or otherwise. The event’s General Warning – Swim at your own risk. Potential for submerged objects, marine creatures, serious injury or even death from various causes including overexertion, equipment failure, dehydration, hypodermia, heart attack and/or accidents with other competitors.
10. I accept that I have an important responsibility to read and listen to all pre-event safety briefings and to immediately seek clarification from an event official on anything which is not entirely clear to me. I accept full responsibility to inform myself of dangers, hazards and risks of entry in the event and I rely solely on my own assessment of these dangers, hazards and risks before participating in the event.
11. When registering for the event I provided my past and present medical and/or physical conditions from which I suffer that might affect my performance or be relevant if medical or physical treatment is needed/necessary. I accept risk of competing, despite these conditions.
12. I agree that it is my responsibility to maintain my safety, health and wellbeing and to advise event organisers if any information on my entry form needs to be updated e.g. medical conditions, emergency contact details.
13. I consent to receiving any medical treatment including ambulance/boat/helicopter transportation which may be deemed necessary during or after the event by event organisers, first aid providers/assistants, beach or water safety patrol personnel. Event organisers and water safety have authority to remove a participant from the event (swim) without reason. I agree that I am responsible for the cost of any medical treatment that I require. I agree to the release of any medical information or records necessary for treatment.
14. I understand that if I am entering a swim distance longer than what I have achieved in the last 6 months, it is the recommendation of KISA that I complete the swim distance in a supervised pool or at a supervised and safe open water environment prior to undertaking the event.
15. I understand that the SAK organisers will try to provide an accurate course distance, but the distance may vary due to tidal factors, ocean conditions, risk management measures and safety advise. All swimmers must swim the prescribed course.
16. I agree to abide by and accept all the event rules and directions issued by the event organiser. These will be provided to competitors ahead of the event. I agree and accept that the event committee, organisers or director may, at its absolute discretion, vary the rules and regulation of the event without prior notice to me.
17. I agree to abide by all directions issued by the event organiser and race director. All decisions of the race director are final. All swimmers are to behave in a sportsman like manner.
18. I agree to abide by and follow the Swimming Australia Safe Sport Framework and conduct myself in an appropriate manner at all times, before, during and after the swim whilst at SAK events including safety briefing, at all times on the island, the event itself and the after party.
19. I agree to wear the prescribed swimming cap and a swim-tow of my choosing.
20. I am fully responsible for the security of my personal possessions at the event. KISA will not be liable for replacement of any personal possessions. I accept the organisers will take all care but are not responsible for damage to or loss of personal possessions.
21. I hereby grant full permission to any and all of the above parties to free use of my name, image and likeness before, during or after the event for promotional purposes in any marketing media, social media, official sponsor campaigns and for broadcasting and reporting purposes, including but not limited to any photographs, videotapes, motion pictures, website images, recordings or any other record of this event. I also understand that information of biographical nature, including my name, date of birth, home state, results and interests may be released to the media in response to general requests.
22. I understand that compulsory insurance cover effected for participants in the event may not cover me for any or all injury, loss or damage sustained by me.
23. If I cannot take part in the event, my registration is not transferable to another event or person.
24. If I cannot take part in the event or the event is cancelled, my registration fee is non-refundable.
25. I consent to KISA to provide my personal details to a professional photography company if they are contracted by KISA to take professional photographs of participants at the event. The contracted company may contact me via email to alert me when photos from the event are available to purchase.
26. I agree to my name and contact details being included on the KISA/Aqualification event and email database. Event specific communications and messages from event partners will be sent to me. I have the ability to unsubscribe from this at any time.
27. I acknowledge that by reason of circumstances beyond the control of the event organisers, it may become necessary or desirable to change the format of the event, and if that occurs, I consent to the changes and I agree that each and every one of the conditions herein set out shall apply to that changed event.
28. Due to the committed outgoing costs, if the event is cancelled due to flooding, cyclones, heavy winds, torrential rains, dangerous surf conditions, water quality, marine creatures or other ‘acts of God’ conditions, I understand that my entry fee will not be refunded and that the event may be cancelled without notice.
29. I agree event organisers may change the event format, course, start times or other race conditions at their discretion. If that occurs, this agreement applies to the changed conditions.
30. I acknowledge and agree that should the event be cancelled or postponed at any time before the start, the course is closed; that no event support or water safety will be provided by KISA, clubs or organisers for any person/s deciding to swim in or about the course after cancellation or postponement; that any such activity is entirely at the swimmer’s own risk; and that no responsibility will be taken by the organisers and/or club for any injury or loss of life arising from such activity.
31. I hereby understand and acknowledge that KISA reserve the right to refuse service to anyone for any reason at any time, even if my registration is accepted. KISA and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, and/or cancel service requests or memberships in its discretion, including, without limitation, if KISA believes that a User’s conduct violates applicable law or is harmful to the interests of KISA and its affiliates.
32. I hereby certify that the participant is the minimum age or older as specified for my chosen event. The minimum age as at event day is 14 years old for the individual, 20km swim and 12 years old for the relay and 5km swim.
33. I hereby certify that I am 18 years of age or older. If I am younger than 18 years of age, I will have these terms and conditions viewed and agreed upon by my legal guardian via the online entry process, this will in effect give consent for me to compete in the event. Participants under the age of 18 wanting to compete in this event should have a high level of ability and fitness in their chosen event. Parental guidance is required.
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