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: ANOTHER LEVEL PERFORMANCE PTY LTD PALM BEACH TO SHELLY BEACH SWIM 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 an endurance 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 safety and welfare on the Palm Beach to Shelly Beach Swim day. I acknowledge that the Skipper is responsible for ensuring that contact is made with the swimmer who is in the water, and that the swimmer in the water, is alongside the Support Boat before proceeding past the 1km mark from Palm beach. The boat will remain 20m away from the swimmer and the skipper is responsible for the course.

(E) I understand and acknowledge that the only insurance provided for the Palm Beach to Shelly Beach Swim is public liability cover. All other insurances are the sole responsibility of myself. I acknowledge that the Skipper is ultimately responsible for my safety and welfare on Palm Beach to Shelly Beach Swim day. 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 the Support Boat, within 20m at all times and if the Support Boat is greater than 10 metres LOA (length overall), it will stay east of the fleet at all times.

(F) Under Australian laws: The COMPETITION AND CONSUMER ACT 2010 – SECT 139A Terms excluding consumer guarantees from supplies of recreational services involves a significant degree of physical exertion or physical risk. AND, Division 5 5J Application of Division Recreational activities (1) This Division applies only in respect of liability in negligence for harm to a person (the plaintiff) resulting from a recreational activity engaged in by the plaintiff. All parties involved in the Palm Beach to Shelly Beach swim 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, including the Skipper and the Paddler, comply with the Marine Legislation and the Palm Beach to Shelly Beach Swim Race Officials. I understand that failure to do so shall result in automatic disqualification and acknowledge that it may also result in my prosecution.

(H) I acknowledge that the Palm Beach to Shelly Beach Swim will not have a briefing, but a social media and Blog will provide opportunities for questions and answers.

(I) The support boat must remain within 20m of the swimmer. I understand that failure to comply with this safety measure shall result in disqualification.

I acknowledge that ANOTHER LEVEL PERFORMANCE PTY LTD PALM BEACH TO SHELLY BEACH SWIM 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.

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 Palm Beach to Shelly Beach Swim.
I acknowledge this is an endurance swim and I enter at my own risk.I acknowledge that the Skipper is ultimately responsible for my crew and kayaker and my safety and welfare on the Palm Beach to Shelly Beach Swim day.
I acknowledge that the Skipper is responsible for ensuring that contact is made with the swimmer who is in the water, and that the swimmer in the water, is alongside the Support Boat before proceeding past the 1km mark from Palm beach. The boat will remain 20m away from the swimmer and the skipper is responsible for the course.
I acknowledge that I enter the Palm Beach to Shelly Beach Swim entirely at my own risk and that the Palm Beach to Shelly Beach Swim is a challenging, endurance open water swim with the risk of injury and possible fatality notwithstanding the risk management plan and safety measures adopted by the Director of Another Level Performance.
I acknowledge that I am aware that by taking part in this open water swimming Palm Beach to Shelly Beach Swim may expose me to the possible risks of open water swimming including drowning, shark attack, marine stingers, injury by 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 Palm Beach to Shelly Beach Swim 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 Palm Beach to Shelly Beach Swim, I accept that risk.
I certify that I am fourteen years of age or older on the day of the Palm Beach to Shelly Beach Swim, in compliance with the Palm Beach to Shelly Beach Swim Rules. If I am younger than eighteen years of age on the day of the Palm Beach to Shelly Beach Swim (the Minor) then the Guardian/Parent MUST certify on behalf of the Minor the terms and conditions of this entry form.
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 the Palm Beach to Shelly Beach Swim on my behalf (including any other swimmers in my duo or team (the Swimmers), support crew, the skipper (the Skipper) of my support boat (the Support Boat) and any paddler (the Paddler) assisting in the Palm Beach to Shelly Beach Swim on my behalf (collectively My Team) as well as my equipment (including the Support Boat and any equipment of My Team) may suffer or sustain in the course of, or consequent upon, my/My Team’s entry, preparation for, or participation in the Palm Beach to Shelly Beach Swim.
I indemnify the Palm Beach to Shelly Beach Swim, Race Director and Officials, volunteers, sponsors and service providers against any claim for damages or injury arising as a result of my conduct, preparation and participation in the Palm Beach to Shelly Beach Swim.
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 Palm Beach to Shelly Beach Swim and the servants, agents, sponsors, representatives and officers of any of them including officers of the Palm to Shelly Beach swim, 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.
I undertake to ensure that my Skipper and the Paddler, comply with the Marine Legislation and the Palm Beach to Shelly Beach Swim Race Officials. I understand that failure to do so shall result in automatic disqualification and acknowledge that it may also result in prosecution of me and/or My Team.
I understand and acknowledge that the only insurance provided for the Palm Beach to Shelly Beach Swim is public liability cover. All other insurances are the sole responsibility of myself or guardian/parent for under eighteen swimmers.
I acknowledge that I have read the rules, terms and conditions.
I will ensure that the Support Boat will take me to the agreed wharf to alight. I understand that failure to comply with this safety measure shall result in disqualification.
I agree to follow instructions of Race Officials and on-water safety personnel, I agree to comply with all the Palm Beach to Shelly Beach Swim Rules and conditions.
I consent to receive medical aid in the Palm Beach to Shelly Beach swim or treatment, including ambulance transportation, which may be deemed advisable at the discretion of your crew, the skipper or race official in the Palm Beach to Shelly Beach Swim of any injury, accident, or illness to me (or a member of My Team) as the result of my/My Team’s participation in the Palm Beach to Shelly Beach Swim.
I acknowledge and accept that the on-water safety personnel have the authority to disqualify me if they believe I am unable to continue in the Palm Beach to Shelly Beach Swim for medical reasons. A team may continue if there is not a medical emergency.
I hereby agree that in the Palm Beach to Shelly Beach Swim in adverse weather conditions, or any other matter which gives rise to a safety concern(s), the Race Director has the right to modify or cancel the Palm Beach to Shelly Beach Swim and the entry fee shall not be refundable in whole or in part.
I acknowledge and accept that the on-water safety personnel have the authority to disqualify me/My Team if they believe I/My Team has breached a fundamental safety rule of the Palm Beach to Shelly Beach Swim.
I acknowledge and consent to photographs and electronic images being taken of me, before, during, and after the Palm Beach to Shelly Beach Swim 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 the Another Level Performance. I understand that all participant details including details of Swimmers, Skippers, and Support Boats (the Details) will be entered into the Another Level Performance 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 Palm Beach to Shelly Beach Swim, including advertising and promotions for future Palm Beach to Shelly Beach Swims.
Under the Privacy Act your personal details will not be released to public sector agencies.
I understand that as a solo swimmer in the Palm Beach to Shelly Beach Swim, my entry is not transferable and that no other person is permitted to participate in the Palm Beach to Shelly Beach Swim in my place. A written notification must be submitted prior to the race to seek approval and the new swimmer must meet the race requirements to be allowed to enter.
I acknowledge that property damage or bodily injury occurring in connection with my boat and its use is the boat owner/skipper’s responsibility. I understand and acknowledge that it is strongly recommended that all boat owners and operators have Boat/Hull Public Liability cover insurance to protect against claims in this regard. I accept and acknowledge that the Race Director will not take any responsibility or provide insurance for boat owners or boat operators for any claims that arise from the use of the skipper’s boat.
I declare that all the information supplied by me in the Palm Beach to Shelly Beach Swim registration system is true and correct. I acknowledge and accept that the Race Director reserves the right to request information from entrants to validate this information.
I acknowledge and agree that by my conduct in participating in the Palm Beach to Shelly Beach Swim, I am submitting to the 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 Palm Beach to Shelly Beach Swim.