Participant Declaration and Waiver – Winter Solstice Swim

In consideration of and as a condition of acceptance by the Black Rock Yacht Club Inc (“ Event Organiser”) of my entry in Winter Solstice Swim (all distances) (“Event”) for myself, my heirs, executors, administrators and legal personal representatives I, the Participant (as a swimmer and/ or volunteer or contractor), acknowledge, appreciate and agree that:

1. Participating in physical fitness and sport events, especially cold water swimming, is a potentially hazardous activity and I am satisfied and believe I am physically, emotionally and mentally able to participate in the event as swimmer and/or volunteer or contractor;

2. There is a risk of injury, possibly of a serious nature in participation in the Event; including but not limited to the following:
• Risks typically associated with open water swimming including change in water flow or current, submerged, semi submerged and overhanging objects and resultant injury, head injury from boating and other watercraft, hypothermia, and/or drowning;
• Cold weather or heat related injuries and illnesses including hypothermia, frostbite, heat exhaustion, heat stroke, and dehydration;
• An ‘act of nature’ which may include inclement weather, thunder and lightning, severe and/or varied temperature, weather conditions, and winds, or water pollution;
• Support crew error
• Attack, sting and/or bite by animals
• Falling / tripping.

3. I am aware of the risks inherent in these activities and assume full responsibility for personal injury, accidents or illnesses (including death) that may result from my participating in Event and any resulting expenses. I also assume responsibility for damage to or loss of my personal property as a result of any accident that may occur;

4. I am aware that I must actively try and prevent hypothermia occurring and will report to Event Organiser and the assistants and/or water safety team if I think I may be affected. I understand there are many ways to prevent hypothermia including, but not limited to, drinking warm sweet drinks, having a warm shower or sitting in a car with circulating heat after the swim/s, taking off wet clothes after the swim/s, drying off and immediately putting on/wearing warm & dry clothing, wearing wind proof and water proof clothing and staying out of the wind;

5. I acknowledge that I must, and I agree that I will, disclose any pre-existing medical or other condition that may affect the risk that either I or any other person will suffer injury, loss or damage. I acknowledge that the Event Organiser rely on information provided by me and that all such information is accurate and complete;

6. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of those persons released from liability and assume full responsibility for my participation;

7. All applicable rules for participation must be followed, regardless of my role, and that at all times during the Event, the sole responsibility for my personal safety rests with me.

8. I hereby acknowledge and agree that the Event Organiser at its sole discretion will have the right to modify the Event or any aspect thereof or to cancel the Event.

9. I agree to release and waive liability for all claims that I have, or may in future have, against Event Organiser and/or any person(s), entities or organisation(s) associated in any way with Event Organiser (including but not limited to the water safety personnel and volunteers assisting on the day), from any and all liability for any loss, damage, injury or expense that I may suffer as a result of my participation or presence at the Event, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, on behalf of Event Organiser;

10. I understand that Event Organiser may use the participants (swimmers and/or volunteers) photos, names and email addresses for future promotional, marketing and publicity purposes and may use photos from the Event, for future promotional, marketing and publicity purposes and I grant the Event Organisers and all Event Partners a royalty free worldwide licence in perpetuity, to use and allow the use of my name, image, likeness, voice, interview and statements in broadcasts, telecasts, web casts, media press materials, promotional materials and otherwise in connection with the Event.

11. If anything in this waiver is considered to be unenforceable, illegal or void for any reason then it shall be read down and, if necessary, severed so that the balance of the waiver remains of full force and effect;

12. I will make Event Organiser and her assistants aware of any food allergy or any medical condition which may affect my participation during Event,

13. AUTHORIZATION: I hereby authorize any medical treatment deemed necessary in the event of any injury while participating in the activity. I either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my behalf. I accept this acknowledgements and the terms therein.

DECLARATION

14. By proceeding with the booking I declare that I have read, understood and agree to the contents of this Waiver in its entirety.

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