I, as named above under "Feeder Name", and the participant (feeder), affirm that I am participating voluntarily as a Race Feeder in the 2025 Australian Open Water Championships (Event).  As a condition of my participation in the Event, I represent covenant and agree, for myself and on behalf of my heirs, assigns, and any other person claiming, under, or through me, as follows:

Definitions

1.      In this Participant Declaration:

“Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence, but does not include a claim against Swimming Australia by any person expressly entitled to make a claim under a Swimming Australia insurance policy. 

"Swimming Australia" means Swimming Australia Limited ACN 109 333 628 and includes any other person involved in the organisation, conduct or staging of the Event, whether on behalf of Swimming Australia or otherwise and where the context so permits, their respective directors, officers, members, servants or agents.

Rules of Participation

2.      The Event rules, this declaration and any other terms and conditions of entry regarding the Event comprise a contract between me and Swimming Australia which is necessary and reasonable for promoting and conducting the Event.  I agree to follow any rules and/or directions set by Swimming Australia in connection with the Event, including wearing a life jacket if directed, and understand that if I fail to comply with any such rules or directions I will not be permitted to participate or to continue to participate in the Event.  I acknowledge that access to the floating Race Feeder’s pontoon may require transport by an inflatable rescue boat (IRB) and/or access by ladder from a pier or other fixed structure.

Risk Warning

3.      I acknowledge that participating in the Event involves certain risks (some of which I may not fully appreciate) and that injuries, death, property damage or other harm could occur to me or others.  There are risks specifically associated with participation in the Event and accidents can and often do happen, including but not limited to falling into the water, ingestion of water, falling over, losing balance due to the movable pontoon, exposure to the natural marine environment including weather conditions or ocean predators which may result in injury, death or property damage.  I understand that these may result from my own actions or inactions, as well as the actions or inactions of others, the rules of competition, the condition of the facilities and equipment and immersion in water.  Prior to my participation in the Event I should ensure I am aware of all the risk involved, including those risks associated with any health condition I may have. I acknowledge, agree and understand that participation in the Event may involve risk and I agree and undertake any such risk voluntarily.  I acknowledge that the assumption of risk and warning above constitutes a "risk warning" in accordance with relevant legislation.

Waiver

4.      It is possible for a supplier of recreational services or recreational activities to ask me to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to me (or a person for whom or on whose behalf I am acquiring the services or activities).  By agreeing to these terms and conditions, I will be agreeing that my rights (or the rights of a person for whom or on whose behalf I am acquiring the services) to sue the supplier in relation to recreational services or recreational activities that you undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below

For recreational services to which the Australian Consumer Law (Commonwealth) applies:

5.      By signing this form, you agree that the liability of Swimming Australia in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any:

a.      death;
b.      physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
c.       the contraction, aggravation or acceleration of a disease; 
d.      the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
     i.     that is or may be harmful or disadvantageous to you or the community;
     ii.     that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities;

is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.

For recreational services to which the Australian Consumer Law (South Australia) applies:

6.      Your rights:  Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services including recreational services), there is:

a.      statutory guarantee that those services will be rendered with due care and skill; and
b.      statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
c.       a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).

Excluding, restricting or modifying your rights: Under section 42 of the Fair Trading Act 1987 (SA), the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).  If you sign this form, you will be agreeing to exclude, restrict or modify the supplier's liability with the result that compensation may not be payable if you or the third-party consumer suffer personal injury.

Important: You do not have to agree to exclude, restrict or modify your rights by signing this form.  The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form.  Even if you sign this form, you may still have further legal rights against the supplier.  A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.  A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.

Agreement to exclude, restrict or modify your rights: I agree that the liability of Swimming Australia for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded. 

Definitions:

a.        Recreational services are services that consist of participation in - • sporting activity or similar leisure-time pursuit; or • any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.
b.        Personal injury is bodily injury and includes mental and nervous shock and death.

Further information: Further information about your rights can be found at www.ocba.sa.gov.au

Release and indemnity

7.      In consideration of my participation in the Event, to the extent permitted by law, I:

a.      release and will release Swimming Australia from all Claims that I may have or may have had but for this release arising from or in connection with my participation in the Event; and
b.      release and indemnify Swimming Australia against any Claim which may be made by me or on me behalf for or in respect of or arising out of my death whether caused by the negligence or breach of contract by Swimming Australia or in any other manner whatsoever; and
c.       indemnify and will keep indemnified Swimming Australia to the extent permitted by law in respect of any Claim by any person either arising as a result of or in connection with my participation in the Event or against Swimming Australia in respect of any injury, loss or damage arising out of or in connection with my failure to comply with Swimming Australia's rules and/or directions,

save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of Swimming Australia. 

Insurance, disclosure of medical conditions and fitness to participate, medical treatment, image consents

8.      It is strongly recommended that I have an annual physical examination (and prior to the Event) and that I maintain personal health and accident insurance, which takes into account my own circumstances, to cover me for any loss, damage or injury that I may suffer during my participation in the Event.

9.      I warrant that prior to participating in the Event I am and must continue to be medically and physically fit and able to undertake and participate in the Event and am not a danger to myself or to the health and safety of others.  Further, I am not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for me to take part in participating in the Event.  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 Swimming Australia relies on information provided by me regarding my health and that all such information is accurate and complete.  I will report any accidents, injuries, loss or damage I suffer during the Event to Event officials before I leave any relevant venue or race area.

10.   If I suffer any injury or illness, I agree that Swimming Australia may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment. I agree to reimburse Swimming Australia for any costs or expenses incurred in providing me with medical treatment. 

11.   I give my consent to Swimming Australia (and any person authorised by Swimming Australia) to copy or reproduce images of me participating in the Event (whether by photo, film or other electronic or printed media) as Swimming Australia may determine in its sole and absolute discretion and without acknowledgement of myself and without my entitlement to any remuneration or compensation now or in the future.

In consideration of allowing my child to participate in the Activity the undersigned parent/guardian, themselves and on behalf of the above listed child, acknowledge and agree to the above terms and conditions.  I have carefully read and reviewed this document.  I understand the terms fully, including the risk warning, exclusion of implied terms and release and indemnity and I execute it freely and voluntarily, without inducement or coercion.