2020 Vladswim Challenge Virtual Swim Terms and Conditions of Entry
Safety and Risk Warning (Section 5M Civil Liability Act 2002
All swimmers intending to swim in this event please pay attention to the following:
Vladswim organizers cannot guarantee your safety during attending virtual swim. Possible risks include injury and/or drowning, due to being hit by other persons, objects or boats, other hazards include, sandbars and marine life. Swimmers enter at their own personal risk and are responsible for their own physical condition.
Definitions
Entry Fee means the relevant fee (as per Payments and Refunds) for your entry in the Event. By submitting your on-line application and paying your Fee you are agreeing to enter the Event and also agree to abide by these Conditions of Entry and any instructions given to you by the organisers and officials of the Event. This also includes any entries made for you on your behalf by a third party (Parent or Guardian).
Virtual swim entry: the relevant fee is opening opportunity to register the participant to every swim distance in the events period time. The participant could attend pool swim challenge and open water challenge.
Virtual swim event: is any event organised by Vladswim, which the participant has entered. The participant’s completed swim distance in their own location and result must be sent for ratification and database collection of events.
Result of the Virtual swim: Participants are registering completed swim distance and time onto website by manually or by GRX files.
Pool Challenge: is a swim completed in the swimming pool in any length 25m or 50m
event distances are 1km, 1.5km, 2km, 2.5km and 3km. 10km Pool Champion is completed all pool distance in week.
Open water Challenge: is a swim completed in open water environment such as Ocean, River, Lake, Sea, Dam. Distance 2.5km, 5km and 10km.
Refund Policy
There are no refunds for entries for the 2020 Vladswim Challenge virtual event.
Acknowledgement and Assumption of Risk during swim event.
Swimmer must specify date and time and location of swim prior to event for Vladswim approval.
You acknowledge that preparation for and participation in the Event can cause personal injury and/or death. The risk of personal injury or death includes (but is not limited to) the following:
- Environmental risks – You may be subject to the usual risks associated with participating in recreational activities in an aquatic environment. These include risks arising from the movement of water (including currents, waves and swell), dangerous marine creatures (including sharks, and stinging and venomous marine life), water-borne diseases, extremes of temperature (including water temperature), and exposure to sun (including sunburn, sun stroke and heat stroke) and wind (including hypothermia). The risks also include risks associated with the physical characteristics of the body of water in which you prepare for or participate in the Event, such as sandbars, submerged or floating logs or other objects, netting, and fishing nets, traps and lines. These risks may not be marked or visible, and may change rapidly including during the course of the Event;
- Weather conditions – You should swim in weather conditions which are safe.
- Personal health risks – You may be subject to risks to your personal health, including the transmission of communicable diseases from other participants or from members of the general public (including but not limited to COVID-19). You may also be subject to risk arising from a lack of fitness, or from other aspects of Your physical, mental or emotional condition (including the use of alcohol, or prescription or non-prescription drugs or medications);
- Equipment risks – You may be subject to risks associated with the misuse, failure or malfunction of equipment used by You;
- Supervision risks – You may be subject to risks arising from the fact that your preparation for and participation in the Event will not be supervised or monitored.
You acknowledge and agree that these Terms and Conditions, and in particular the provisions of paragraph 4 above, constitute a “risk warning” in accordance with relevant legislation including the Civil Liability Act 2002 (NSW).
You acknowledge and agree that:
You are bound by these Terms and Conditions, and any policies, procedures or rules adopted or implemented by Vladswim in relation to the Event;
You are fully capable of preparing for and participating in the Event without causing harm to Yourself or others.
Preparation for and participation in the Event requires a degree of fitness and endurance, and You are solely responsible for Your conditioning and fitness prior to, during and following Your preparation for and participation in the Event;
You are solely responsible for determining whether or not preparation for and participation in the Event is appropriate or safe for You;
You are not aware of any matter relating to your physical, mental or emotional health that renders your preparation for or participation in the Event inappropriate or unsafe for You;
You have obtained appropriate advice from a suitable health practitioner in relation to any pre-existing physical, mental or emotional condition before Your preparation for or participation in the Event;
You voluntarily assume all risks of personal injury and death associated with or arising out of preparation for or participation in the Event.
You are and continue to be physically, mentally and emotionally fit to prepare for and participate in the Event;
You are not a danger to Yourself or to the health and safety of others;
You are not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for You to prepare for or participate in the Event.
You acknowledge that Your preparation for and participation in the Event will take place at locations (including premises and in the natural environment) not owned or controlled by Vladswim does not oversee or take responsibility for an aspect of the conditions present at these locations.
You agree to release, hold harmless and not to sue Vladswim in relation to any and all claims, liabilities, suits or expenses (including medical and legal costs) that you have or (but for these Terms and Conditions) may have had in respect of any personal injury or death or any other damage or loss arising out of or in any way connected with Your preparation for or participation in the Event howsoever arising, whether or not caused by any act or omission by Vladswim
You agree to indemnify Vladswim with respect to any and all claims, liabilities, suits or expenses (including medical and legal costs) in respect of or arising out of or in any way connected with any personal injury or death or any other damage or loss to You arising out of or in any way connected with Your preparation for or participation in the Event howsoever arising, whether or not caused by any act or omission by Vladswim (and whether or not negligent, reckless or wilful, or done in breach of a statutory duty, or done in breach by Vladswim of any term of this agreement, whether express or implied).
You acknowledge and agree that the liability of Vladswim in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for:
- death;
- physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
- the contraction, aggravation or acceleration of a disease;
- 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:
- that is or may be harmful or disadvantageous to you or the community;
- 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, or the application of any statutory guarantee that any services will be provided with due care and skill, is hereby excluded.
You acknowledge and agree that the entry fee payable for participation in the Event does not include personal accident insurance cover. You agree that you are responsible for your own personal accident, medical and/or life insurance and any and all expenses in the event of personal injury or death.
You agree to and consent to the free use of Your name, personal information, photograph, interview, appearance or participation in the Event in any newspaper, promotion, advertising material, publication, video, broadcast, website or social media by Vladswim or the sponsors of the Event.
Except, your personal information will be used only for the purposes of communicating with You about the Event and promotional activities related to the Event, and otherwise in accordance with the National Privacy Principles.
You agree that the governing law of this agreement is the law of New South Wales, and You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, and waive any right to object to the exercise of jurisdiction by those courts.
These Terms and Conditions (and any documents referred to herein) constitute the entire agreement between You and Vladswim in relation to Your preparation for and participation in the Event, and supersedes all other agreements, understandings, representations and negotiations with Vladswim in relation to the Event.
To the extent that any part of this agreement is unenforceable it is to be read down so as to render it enforceable and if it cannot be read down that part of the agreement is severable and does not affect the remaining provisions of this agreement.
Safety COVID
You acknowledge that depending upon your location health and safety measures may be in place due to the potential spread of COVID-19 (including non-mandatory health advisories, and mandatory public health orders and other laws and regulations). You agree to observe and comply with all such advisories, public health orders, laws and regulations during your preparation for and participation in the Event. You further acknowledge that there is an inherent risk of exposure to COVID-19 in any public or private place where people are present, and that by preparing for or participating in the Event You voluntarily assume all risks related to exposure to COVID-19.