Release and Indemnity
I agree that Caves Beach S.L.S.C. (the Club) and all persons, corporations and bodies involved or otherwise engaged in promoting the Wallarah Peninsula Ocean Swim (the Organisers) are not liable for any loss or damage however caused (including but not limited to, by the negligence of the Organisers) suffered by me/the entrant (where signed by parent/guardian) named in this form in connection with the swim. Accordingly I agree that I/the entrant (where signed by parent/guardian) named in the form and my/the entrant’s heirs, executors and administrators release and discharge the Organisers from all damages, expenses, loss or liability consequent upon my/the entrant’s entry or participation in the Swim, whether or not the damage, expense, loss or liability is attributable to the act of neglect of any one or more of the organisers and keep them indemnified against all such damages, expenses, losses and liabilities which they may suffer, incur or sustain in connection with or arising in any way whatsoever by my/the entrant’s entry or participation in the Swim. I agree not to make any claim or commence or pursue any proceedings against the Club, its members, servants, agents, the Organisers or their representatives in respect of any damage, however caused (including but not limited to, the negligence of the members, servants, or agents and representatives of the Organisers) suffered by me/the entrant in connection with the swim.
Risk Warning (pursuant to Section 5M Civil Liability Act 2002) Warning is given to all entrant’s in the Wallarah Peninsula Ocean Swim that there is the risk of harm to their person. You should not enter this event unless you are physically capable and reasonably anticipate completing the Swim. Risks include hazardous sea conditions, sea creatures and natural and man made obstacles. Water Safety Officers and medical staff reserve the right to bring to shore by water patrol any entrant they deem incapable of competing further in the event.
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