BEDROCK WATERSKI CLUB INCORPORATED

MEMBERSHIP DECLARATION
TERMS AND CONDITIONS
1. Definitions
"BWSC” means Bedrock Waterski Club Incorporated.
"Claim" means and includes any action, suit, proceeding, claim, demand, damage, cost or expense however arising including, but not limited to, negligence.
"Water Ski Activities" means performing or participating in any capacity (including as a water skier, judge, boat driver, observer or any other capacity) in any authorised or recognised Water Ski Organisation activity.
"Water Ski Organisation" means the BWSC, and where the context so permits, each of its respective directors, officers, committee members, members, contractors, volunteers, servants and agents.
2. Membership
I acknowledge and agree that if my application for membership is accepted I will be a member of the BWSC. I acknowledge that my membership will be deemed to be accepted upon my participation in Water Ski Activities and I acknowledge that I will be bound by and agree to comply with the constitutions, regulations and policies of the Water Ski Organisation.
3. Warning
Water Ski Activities can be inherently dangerous. I acknowledge that I am exposed to certain risks during Water Ski Activities including but not limited to:
- I may be physically or mentally injured, impaired, maimed or killed;
- other participants may act dangerously or with lack of skill;
- conditions may be hazardous and may vary without warning or predictability;
- organisers, officials, watercourse owners/operators and any agents or representatives of any of them, in charge of an event may be obliged to make decisions under pressure of time and/or events;
- any policy of insurance of or in respect of my life or physical or mental health may be avoided;
- there may be no or no adequate facilities for treatment or transport of me if I suffer injury; and
- my property may be damaged, lost or destroyed.
I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in participating in the Water Ski Activities.
4. Exclusion of Implied Terms
I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded.
I acknowledge that these implied terms and rights and any liability of the Water Ski Organisation flowing from them, are expressly excluded to the extent possible by law, by this membership declaration. To the extent of any liability arising, the liability of the Water Ski Organisation will, at the discretion of the relevant Water Ski Organisation, be limited to the resupply of the services or payment of the cost of having the services supplied again.
5. Release and Indemnity
In consideration of the BWSC accepting my application for membership I, to the extent permitted by law:
(a) release and will release the Water Ski Organisation and each of its respective directors, officers, committee members, members, contractors, volunteers, servants and agents, from all Claims that I may have or may have had but for this release (including for negligence) including arising from any injury, loss or damage of any kind suffered by me including personal injury, illness or death and/or loss or damage to any property arising from or in connection with my membership and/or participation in any Water Ski Activities ; and
(b) indemnify and will keep indemnified the Water Ski Organisation and each of its respective directors, officers, committee members, members, contractors, volunteers, servants and agents in respect of any Claim including against all costs, losses or damages by any person arising as a result of or in connection with my membership and/or participation in any Water Ski Activities.
6. Fitness to ParticipateI declare that I am medically and physically fit and able to participate in the Water Ski Activities. I will immediately notify the BWSC in writing of any change to my medical condition, fitness or ability to participate. I understand and accept that the Water Ski Organisation will continue to rely upon this declaration as evidence of my fitness and ability to participate. I attend and participate at all Water Ski Activities exclusively at my own risk and at all times I have the option of not participating in or withdrawing from the activities at any time.
7. Medical TreatmentI consent to receiving and paying for (including transport by ambulance) any medical treatment that the Water Ski Organisation reasonably considers necessary or desirable for me during my participation in Water Ski Activities. I also agree to reimburse the Water Ski Organisation for any costs or expenses incurred in providing me with medical treatment.
8. Right to Use ImageI acknowledge and consent to photographs and electronic images being taken of me during my participation in any Water Ski Activities. I acknowledge and agree that such photographs and electronic images are owned by BWSC and that the Water Ski Organisation may use the photographs for promotional or other purposes without my further consent being necessary. Further, I consent to the Water Ski Organisation using my name, image, likeness and also my performance in the Water Ski Activities, at any time, by any form of media, to promote the Water Ski Activities.
9. PrivacyI understand that the information I have provided is necessary for the objects of the Water Ski Organisation. I acknowledge and agree that the information will only be used for the objects of the Water Ski Organisation, Water Ski Organisation general business and to provide me with membership services. I understand that I will be able to access the information through BWSC. If the information is not provided, my membership application may be rejected.
I acknowledge that the Water Ski Organisation may also use my personal information for the purposes of providing me with promotional material from the Water Ski Organisation sponsors or third parties. I may advise the Water Ski Organisation if I do not wish to receive promotional material.
10. SeveranceIf any provision of this membership declaration is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable. If the phrase or clause cannot be so read down it will be severed to the extent of the invalidity or unenforceability. Such severance does not affect the remaining provisions of this membership declaration or affect the validity or enforceability of it in any other jurisdiction.
11.Cancellation or non-participation
I agree that should a Water Ski event by cancelled or if I do not participate in the event for any reason, my entry fee will not be refunded and no liability will attach to the Water Ski Organisation in relation to this.
12. BWSC specific rules
I understand that the BWSC has specific rules applying to waterways and water skiing that must be adhered to at all times. I agree to obey and accept those rules and any other instructions from time to time.
13. Agree to terms
I acknowledge and agree that by completing the membership application I agree to the terms of this membership declaration and terms and conditions.I warrant that all information provided in the membership application is true and correct. I acknowledge that this membership declaration cannot be amended. If I do amend it my application will be null and void. It cannot be accepted by the BWSC.
14. I have read, understood, acknowledge and agree to be bound by the above terms including the warning, exclusion of implied terms, release and indemnity.

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