EVENT TERMS AND CONDITIONS
CANCELLATION AND REFUND POLICY
We reserve the right to cancel the event if the weather conditions and or surf conditions on the day of the event are unsafe and dangerous to either swimmers or our support paddlers, this includes water pollution.
Also, if we receive order from NSW Health Department stating that outdoor events such as ours is no longer permitted for our event date, we will have to follow and cancel our event.
If the event is cancelled, there will be no re-run of the event and online entries will not be refunded. If you need to cancel your entry at any point of time as you are unable to participate for medical or other reasons, please contact our office. Participants are to contact Event organisers at least 10 working days before the event/ competition date, requesting refund and stating reason for their cancellation. A cancellation fee of $35 applies. Any cancellations within 10 working days of the event or ‘no show’ on the day of the swim, will results in forfeiting your event fee.
PARTICIPANTS AGE REQUIREMENTS
Swimmers must be over the age of 16y to participate in Vladswim Challenge Event. We may grant entry (but do not guarantee ) to teenage swimmers, with minimum age of 13, based on their swimming ability. Written confirmation from their registered swim coach is needed. It must state that the swimmer has completed similar distance swim in open water environment in the past and that is still capable to complete the course without stopping.
Additionally, legal guardian or parent must print and co-sign on all event forms (that are attached to the registration) and email signed copies back to our office, along with written letter from their swim coach (as above).
We reserve right to refuse swimmers participation in our event (even on the day of the swim) at our organizers discretion, if we are to believe, that the swimmers will not be able to safely complete the course.
You acknowledge and agree to these Terms and Conditions:
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 willful, 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:
- 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.