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 before proceeding past the 1000 metre mark from the shore at Palm Beach. The Race official boat will be at the 1000 metre mark off Palm Beach and a I will also ensure that 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 briefing provided in March 2019 (the Briefing) is a compulsory requirement of entry into the Palm Beach to Shelly Beach Swim and will ensure that I will attend a Briefing prior to participating in the Palm Beach to Shelly Beach Swim. I acknowledge that it is strongly recommended the Skipper also attends.

(I) The support boat must remain more than 500m off the beach at Manly and 1km from Shelly Beach. 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.