Introduction: 

1. This document, together with the race rules, contains the Terms & Conditions (Terms) governing your preparation for and participation in the Burson Rock2Ramp Ocean Swim and any swim races held as part of that event (Event).

2. By completing the online entry process, or by preparing for or participating in the Event, You agree to the bound by these Terms which you acknowledge constitute the terms and conditions of an agreement between you and Anglesea Surf Life Saving Club Incorporated (Anglesea SLSC).

3. ASLSC agrees to permit you to participate in the Event upon, and subject to, these Terms.

 

Acknowledgment and Assumption of Risk: 

1. You acknowledge that preparation for, and participation in, the Event can cause personal injury and/or death. These risks include (but are not limited to) the following:

   1. 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 objects 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.

   2. Swimming risks – You may be subject to the usual risks associated with swimming. These include the risk of drowning (including partial drowning and secondary drowning), of colliding with other swimmers, of colliding with watercraft (including powered watercraft); of colliding with other users of the water in which you are swimming (including surfers, body boarders and other swimmers). It also includes the risk of personal injury or death as a result of diving, jumping or otherwise entering and exiting the water.

   3. Personal health risks – You may be subject to risks to your personal health, including the transmission of communicable diseases from other participations 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.

   4. Equipment risks – You may be subject to risks associated with the misuse, failure or malfunction of equipment used by you.

2. You acknowledge and agree that:

   1. You have read these Terms and the Race Rules.

   2. You are bound by these Terms and any other requirements, procedures or rules adopted or implemented by Anglesea SLSC in relation to the Event (whether adopted or implemented before or after the date of your entry for the Event);

   3. You are fully capable of preparing for and participating in the Event without causing harm to yourself or others;

   4. Preparation for, and participation in, the Event requires a degree of fitness and endurance. You are solely responsible for your conditioning and fitness prior to, during and following, your preparation for, and participation in, the Event;

   5. You are solely responsible for determining whether or not preparation for and participation in the Event is appropriate or safe for you;

   6. 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;

   7. 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;

   8. You voluntarily assume all risks of personal injury and death associated with or arising out of preparation for, or participation in, the Event, whether or not such risks are known to you or to Angelsea SLSC, and whether or not the materialisation of the risk is caused, or contributed to, by Anglesea SLSC.

3. You warrant that you:

   1. Are, and will continue to be, physically, mentally and emotionally fit to prepare for, and participate in, the Event;

   2. Are not a danger to yourself or the health and safety of others;

   3. 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;

   4. Will not participate in the Event if you are receiving treatment for any condition, illness, disorder or injury which would render it unsafe for you to participate in the Event.

4. You acknowledge that 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.

5. 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 Anglesea SLSC.  Anglesea SLSC does not oversee or take responsibility for any aspect of the conditions present at these locations.

6. You agree to release, hold harmless and not to sue Angelsea SLSC in relation to any and all claims, liabilities, suits or expenses (including medical and legal costs) that you have or (but for these Terms) may have had in respect of any personal injury or death or any other damage or loss arising out of or un any way connected with your preparation for, or participation in, the Event howsoever arising, whether or not caused by any act or omission by Angelsea SLSC and whether or not negligent, reckless or wilful, or done in beach of a statutory duty, or done in breach of any term of the Terms, whether express or implied. 

7. You will indemnify and keep indemnified Anglesea SLSC 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 you preparation for, or participation in, the Event howsoever arising, whether or not caused by any act or omission by Anglesea SLSC and whether or not negligent, reckless or wilful, or done in breath of a statutory duty, or done in breach of any of the Terms, whether express or implied.

8. You acknowledge and agree that the release given in clause 9 and the indemnity given in clause 10 are each given to, and for, the benefit of the following (jointly and severally): Angelsea SLSC, Life Saving Victoria, Surf Life Saving Australia (and any of their respective affiliated committees and/or members), Great Ocean Road Coast and Parks Authority, Surf Coast Shire, the sponsors of the Event, and all other persons and entities involved in or otherwise engaged in organising, promoting, staging, administering, running or controlling the Event. 

9. You acknowledge and agree that the release given in clause 9 and the indemnity given in clause 10 are each binding upon you, your executors, administrators, dependents, and other personal representatives. 

10. You acknowledge and agree that the liability of Anglesea SLSC in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 and the Australian Consumer Law) for:

    1. Death;

    2. Physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

    3. The contraction, aggravation or acceleration of a disease;

    4. 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:

       1. is or may be harmful or disadvantage to you or the community;

       2. 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.

11. 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 in the event of personal injury or death.

 

General: 

1. You agree 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, website or social media, by Anglesea SLSC or the sponsors of the Event.

2. Except as provided in clause 1 (General), 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 Australian Privacy Principles.

3. You agree that the governing law of this agreement is the law of Victoria. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Victoria and waive any right to object to the exercise of jurisdiction by those courts.

4. These Terms (and any documents referred to herein) constitute the entire agreement between you and Anglesea SLSC in relation to your preparation for and participation in the Event, and supersede all other agreements, understandings, representations, and negotiations with Anglesea SLSC in relation to the Event.

5. To the extent that any part of this agreement is unenforceable it is to be read down to render it enforceable. If it cannot be read down that part of the agreement is severable and does not affect the remaining provisions of this agreement.

 

Refund Policy: 

1. There are no refunds for entries for the Event if it is cancelled. The proceeds from the Event are donated to Anglesea SLSC to support volunteer surf lifesaving services.

   1. The Event is subject to weather conditions on the day. If the conditions are assessed to be too dangerous for the Event to proceed in any form, there will be no re-run, and entries will not be refundable. 

   2. The Event is conducted during the Fire Danger Period when bush fire risk may impact. As a result of this risk the Event may be cancelled prior or during days of Extreme or Code Red Fire Danger Rating. 

2. If any Event participant wishes to withdraw their entry prior to the Event, the following refund conditions apply:

   1. Participants must contact the Event organisers more than fourteen (14) business days prior to the Event date outlining their request to cancel their entry. Registration fee less 20% will be refunded to cover bank fees and admin charges.

   2. No refund is payable to any Event participant who withdraws from the Event within fourteen (14) working days of the Event date.

3. Without in any way limiting the preceding paragraph, you acknowledge that your participation in the Event may be prevented or inhibited by non-mandatory health advisories, mandatory public health orders and other laws and regulations. You acknowledge that if your participation is prevented or inhibited no refund will be payable. 

 

Interpretation: 

1. For the purposes of these Terms:

Anglesea SLSC means Anglesea Surf Life Saving Club Incorporated, and includes the office holders, employees, agents, servants, members and volunteers of Anglesea SLSC.