TERMS & CONDITIONS
Safety and Risk Warning (Section 5M Civil Liability Act 2002)
All participants intending to race/partake in this event must agree to abide by the following safety and risk warning statement.
Surf boats, surf ski paddlers and other support craft will be patrolling the course for the duration of the Splash and Dash Festival (Aquathon swim section and/or Ocean swims) (hereafter called the Event). If a swimmer feels unable to go on, they should attract the attention of the water safety personnel. DO NOT PANIC, remain stationary, raise your arm and wait for assistance. A swimmer deemed incapable of completing the course will be brought onto one of the support vessels by the water safety team and transported to shore. However, please note that your safety cannot be guaranteed.
Warning is given to all entrants that this is a demanding ocean swim Event. Obvious risks include and are not limited to the following: injury and/or drowning, due to being hit by other persons, objects, boats or vessels. Other obvious risks include, cold weather and water, entry and exit injuries, stings, sandbars, medical conditions and sharks.
Swimmers enter at their own risk and are responsible for their own physical condition.
Any swimmer who does pull out of the Event must notify event officials immediately and return the ankle strap timing chip. Failure to return the timing bracelet will result in a fee of $50.
While in the water, all swimmers must comply with the directions of lifeguards and/or the water safety team, if you fail to do so you will be disqualified from the Event.
Known Conditions Statement: It is the responsibility of the swimmer to inform themselves of the beach and water conditions.
Activate Events is covered by its own public liability insurance. This does not include personal accident insurance. It is strongly recommended that you take out your own personal accident and ambulance cover for the Event. Your private health insurance policy may include this, however you will need to check this specifically with your private health insurer
Waiver and Indemnity
THIS IS A RECREATIONAL ACTIVITY AND YOU ENTER AT YOUR OWN RISK.
There are numerous obvious risks to participating in the ‘Australia Day Aquathon’ (hereafter called the Event).
Obvious risks include and are not limited to the following: injury and/or drowning, due to being hit by other persons, objects or boats, health conditions as cardiac events, Other obvious risks include, cold weather and water, entry and exit injuries, trips and falls, heat/cold extremes, physical exertion, stings, sandbars, medical conditions and sharks. Each entrant should be of competent physical ability to compete the event(s) and where event(s) include water, the swimmer should be a competent ocean/surf swimmer.
Each participant will be required to wear a timing Bracelet (Aquathon), swim cap (Aquathon/swim) run/walk identification bib or identifiable event band.
Officials maintain the right to reject or refuse any entry.
Medical officers commissioned by Activate Events have the authority to remove a competitor from the event without reason.
All participants must be unaided; eg no flippers, wet suits, boards, or any other floating gear is permitted except for the ‘Families, Flippers Wetsuits and Floaties’ category. All swimmers must swim the prescribed course. Runners must wear appropriate apparel, running suitable shoes.
All swimmers are to wear their prescribed cap and timing bracelet.
The decisions of the Race Director are final. All participants are to behave in a sportsman like manner.
- I hereby waive release and discharge all and every claim, right or cause of action (including for negligence, for breach of contract or breach of Statute) for which I might have or which arises out of my death, injury, damage or loss of any description which I may suffer or sustain as the result of my participation in the Event.
- This waiver release and discharge shall operate jointly and severally in favour of the Indemnified Parties, namely: Activate Events (T/A Robert Battocchio), sponsors, partners, Wollongong City Council, Destination Wollongong, Illawarra SLS, City beach and North Beach Surf Life Saving Clubs, Wollongong First Aid Australia Pty Ltd, Multisport Timing Australia, New South Wales Maritime Authority, the Surf Life Saving Association of Australia (and any of its State Centres, Branches, affiliated Surf Live Saving Clubs and Committees), sponsors, supporters, persons, corporations, contractors, sub-contractors, volunteers, servants and employees involved or otherwise engaged in organising, promoting, staging, administering, running or controlling the Event.
- I agree to indemnify and keep indemnified the indemnified parties against all actions, suits, demands, claims, proceedings, costs, expenses, liabilities and judgments (including for negligence, breach of contract or breach of statute) arising out of or in relation to my participation in the Event. This indemnity may be pleaded as a bar to any action, claim, demand, suit or legal proceedings.
- I consent to receive such medical aid or preventative treatment which may be deemed advisable in the unfettered discretion of Event Medical personnel and Lifesavers in the event of any injury accident or illness to me as the result of my participation in the Event.
- I consent to the free use of my name, personal information, photograph, interview or appearance in any newspaper, promotion, advertising material, publication, video, broadcast, website or use in any media now known or yet to be devised, by the Event and/or its sponsors.
- I agree to allow sponsors to contact me on offers and services that may be of interest with my choice to unsubscribe or opt out at my own discretion at any time.
- I agree to use of my images, name for purpose of social media or event promotions.
- I affirm that I have properly trained for and fully satisfied myself as to my physical and medical condition to compete in the Event.
- I agree to abide by and accept the rules and regulation of the Event whether announced on the day or prior thereto and to accept the decisions of both the Race Director and the Race Committee.
- I agree and accept that the Event Director/Committee may, at its absolute discretion, vary the rules and regulations of the Event and without prior notice to me.
- I agree to accept full responsibility to inform myself and assess all the dangers hazards and risks of entry in the Event and rely solely on my own assessment of these dangers, hazards and risks before participating in the Event and not with standing any decision thereon made by the race committee and other persons corporations and bodies involved engaged in promoting or staging the Event.
- I agree that in the event of cancellation of the Event my entry fee shall not be refundable.
- I agree that as a person to whom recreational services are supplied by the organisers, it is a term of my entry that I engage in the recreational activity of the Event at my own risk.
- 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 the maximum extent permitted by law
- The Event reserves the right to recoup from the participant any costs associated with a Search & Rescue if that participant has failed to notify officials that they have withdrawn from the event.
Indemnity in respect of persons under 18 years
In consideration of the Event agreeing at my request to accept the entry of the minor applicant I agree for myself, my heirs, executors and administrators to indemnify and keep indemnified the Indemnified Parties against all actions, suits, claims, proceedings, demands, cost, expenses, liabilities or judgments which the applicant and I may have against the Indemnified Parties but for the terms of this agreement in respect of any death, injury, damage or loss sustained by the minor applicant as the result of the minor applicant’s participation in the Event. I affirm that I have full authority on behalf of both Parents and/or Guardian to sign this indemnity AND that this indemnity may be pleaded as a bar to any action claim demand suit or legal proceedings.
THE AUSTRALIA DAY AQUATHON IS SUBJECT TO WEATHER CONDITIONS ON THE DAY. IF THE CONDITIONS ARE ASSESSED TO BE TOO DANGEROUS FOR THE EVENT TO PROCEED, THERE WILL BE NO RE-RUN OF THE EVENT AND ENTRIES WILL NOT BE REFUNDABLE. THE PROCEEDS FROM THE EVENT ARE DIRECTED TO SIGNIFICANT COSTS FOR EVENT STAGING AND DONATIONS TO SERVICE PROVIDERS/CHARITIES.
The Event policies and management practices ensures high professional standards in the delivery of the Event are maintained, whilst prioritising safety and reducing hazards to swimmers and personnel involved in the Event.
- Participants must contact the Event organisers more than seven (7) working days prior to the Event date outlining their request to cancel their entry. Registration fee less 50% will be refunded to cover administration, and bank fees and charges.
- Any Event participant who withdraws from the Event within seven (7) working days of the Event date no refund will be payable.
Dispute Resolution – Event Results and Sportsmanship
The Event will ensure that all competitors have access to a fair and equitable process in dealing with grievance and provide an avenue for competitors to affect their final position.
The policies and procedures to raise a complaint and dispute must be completed as follows:
- Each complaint/dispute must be submitted in writing to the Race Director within 45min of the event for consideration.
- Each complain/dispute will be dealt with by the Race Director
Activate Events respects your ability to make informed choices about the collection and use of your personal information. The Event respects your right to privacy and we are bound by National Privacy Principles in the Privacy Act. We use personal information collected from competitors to inform them of competition details or advance notice of competitions. We consider that information provided by you to us is sensitive and deserves to be handled with the utmost care. For this reason, all files are strictly confidential and all information is classified.
Every effort has been made to ensure that the information in this publication is accurate. However the author expressly disclaims all warranties, express or implied, including, but not limited to, the implied warranty of fitness for a particular purpose.
The author does not warrant or make any representations regarding the use or the results of the use of the information provided within the publication in terms of its correctness, accuracy, reliability, or otherwise.
No oral or written information or advice given by the author shall create a warranty or in any way increase the scope of this warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Emergency Evacuation Plan
On the Day of the Splash and Dash Festival (now called the Event) there will be a full briefing for all water and land safety directly involved, in regards to any major risk or incident, requiring all swimmers to evacuate the water or runners to evacuate the course
The statistical percentages of support vessels to swimmers shows that our Risk Management Plan, specific to water safety and support paddlers, incorporates the necessary protocols and numbers on the water to effectively have a full Emergency Evacuation Plan in place.
These vessels will be following the swimmers around the course:
- Maritime Rescue Boat (subject to event/RMS discretion)
- Minimal 1 x IRB’s for harbour swim venue and two (2) for ocean swims
- Lifeguard operated jet ski’s with mats (subject to event and venue)
- Rescue Boards
- Surf Skis
- Rescue Tubes