BALMORAL BEACH CLUB EVENTS PTY LTD (“BBCE”)
ACN 605 506 438
RISK WARNING, WAIVER & PARTICIPATION CONDITIONS
This is a 'risk warning’ made under Section 5M of the Civil Liability act,2002
RISK WARNING
Open water swimming, beach/athletic and other activities (each an “Activity”) can be dangerous and risky activities which could result in loss of life, injury or illness.
The risks include, but are not limited to, drowning, physical encounters with sharks, stingrays, other types of rays, seals, bluebottles, jimbles, jellyfish, shellfish, or other marine life. In addition risks include polluted or contaminated water, hazardous sea or beach conditions, collision or other physical contact with buoys, boats, boards, and other vessels (particularly if any part of the Activity is in navigable waters), contact with other participants, spectators, pedestrians, vehicles, rocks whether submerged or not, or other objects, and tripping hazards. Risks also include medical emergencies such as heart attack, epileptic fit, cramp, collapse or hypothermia. Other risks can be hazardous weather conditions including storms, wind, swell variations and lightning strikes. Where an Activity involves the use of a vessel or vehicle, or swimming beyond maritime buoys, this could involve additional risk of death or injury.
WAIVER
I (“Participant”), confirm that I am over 18 years and may from time to time wish to participate in an Activity conducted, endorsed, or facilitated (whether officially or unofficially) by BBCE. In consideration of BBCE accepting the Participant in an Activity:
1. I confirm I have read and accept the Risk Warning (see above) and Participation Conditions (see below);
2. I agree to waive, release and discharge BBCE and The Balmoral Beach Club Limited and each of their officers, members, life savers and volunteers (each a “Releasee”) from any claim made by or for the Participant, demand or liability arising from any act or omission of the Releasee and for reimbursement of any costs or expenses (being for medical, hospital, rehabilitation, legal or any other purpose) that may be incurred by me or reasonably on my behalf (each a “Claim”) in relation to the Participant, except to the extent that the Claim arises from the fraud, dishonesty or gross negligence of the Releasee;
3. I agree to indemnify and hold harmless each Releasee against each Claim that the Participant, or any person for the Participant, may make against the Releasee;
4. I accept full responsibility for my personal possessions during the Activity
5. I consent to receiving such medical treatment as the Activity officials consider appropriate during or following the Activity;
6. I agree that BBCE may publish or use any photograph of me taken at the Activity in its publications, promotions, websites, or in such other manner as BBCE may decide, without my prior approval or consultation. If BBCE wishes to take a photograph of any member of my family who is a child, BBCE will ask my permission. If my permission is granted I agree that the photograph of my child may be published or used;
PARTICIPATION CONDITIONS
1. Your participation in any Activity is AT YOUR OWN RISK. BBCE takes no responsibility for your safety or health during the Activity. You acknowledge having read and understood the Risk Warning above and accept all risks of the Activity.
2. You must be a competent swimmer and athlete, in good health and fitness to participate. If you suffer from any medical condition, you must first consult your medical advisor before participating. You must not participate if you are under the influence of, or affected by, alcohol, drugs, medication, or other substances.
3. While BBCE might take precautions for the safety of participants, no lifeguard, marshal, medical attendant, patrol vessel or other emergency assistance may be available to assist you if the need arises.
4. You must exercise care and courtesy to avoid accidents, collisions with or injury to other participants, other persons and vehicles/vessels that may be on the course at the same time as an Activity is being undertaken. BBCE does not have exclusive use of beach, water, roads, footpaths, or public places where Activities are held. The Activity is intended to be good fun and to promote fitness and comradeship, so you should enjoy yourself, but not at the expense of other participants or the general public.
5. You must observe the directions and instructions of Activity officials. Those officials have authority to remove a participant from any Activity if considered to be incapable of continuing without risk of serious injury. All decisions of Activity officials are final and binding.
6. BBCE reserves the right to postpone or cancel any Activity at its discretion. If an Activity is cancelled then any fee paid to BBCE in relation to the Activity is not refundable.
7.Your registration for any Activity is not transferable to any other person.
BBCE Waiver updated January 2025