I hereby apply for entry to participate in this Paddle Australia (PA) Sanctioned Event. In so
applying and in consideration of my application for entry to the Event being accepted, I
acknowledge and agree that:
1. In this Event declaration:
Claim means and includes any action, suit, proceeding, claim, demand, damage, cost
or expense however arising including but not limited to negligence.
Commercial Provider Member means the instructors, guides and coaches who are
operating commercially and who have purchased a Paddle Australia Commercial
Provider Membership
Event means an organised competition or paddling activity conducted by a Paddling
Organisation.
Member State has the same meaning as in the PA constitution.
PA means Paddle Australia Limited.
Paddling Organisation means and includes PA, Member States, affiliated canoeing,
kayaking or paddling clubs, Commercial Provider Members and where the context so
permits, their respective directors, officers, members, servants or agents.
PA Rules means the Rules, Bylaws and Policies of PA (available on the PA website),
the terms and conditions of the Event and the Rules of the Paddling Organisation.
2. If my application is accepted, I will be permitted to enter and participate in the
Event subject to my complying with the PA Rules, this declaration and any reasonable
direction issued by the Paddling Organisation or their representatives.
3. Insurance is in place if I am a member of a Paddling Organisation, I have paid
the PA/State Non-Member Single Event Fee for the event or if I am participating
in an event that PA determines does not require a PA/State Non-Member Single
Event Fee. This insurance provides limited cover to me whilst I am participating in the
Event. I understand that this insurance may not cover me for all injury, loss or damage
sustained by me and that I can, in my own interests, seek and obtain personal
insurances over and above the cover provided by PA.
4. The PA Rules and this declaration comprise a contract between the Paddling
Organisation and me. I acknowledge and agree it is necessary and reasonable for
promoting and conducting the Event.
5. Warning. Participation in the Event can be inherently dangerous. I understand that I
am exposed to certain risks during the Event, including but not limited to:
(a) over exertion;
(b) equipment failure;
(c) dehydration;
(d) hyperthermia;
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(e) weather conditions;
(f) water quality;
(g) other participants acting dangerously or with a lack of skill;
(h) conditions that may be hazardous and that may vary without warning or
predictability;
(i) organisers, officials, watercourse owners/operators and any agents or
representatives of any of them, in charge of the Event, being obliged to make
decisions under pressure of time and/or events; and
(j) a lack of adequate facilities for treatment or transport if I suffer injury.
I acknowledge and accept that accidents can happen which may result in me being
physically or mentally injured, impaired, maimed or even killed, or my property being
damaged, lost or destroyed. I further acknowledge and accept that any policy of
insurance of, or in respect of, my life or physical or mental health may be voided
because of my participation in the Event. I have voluntarily read and understood this
warning and accept and assume the inherent risks in participating in the Event.
6. Exclusion of Implied Terms. I acknowledge that where in respect of the Event I am a
consumer of recreational services, as defined by any relevant law, certain terms and
rights usually implied into a contract for the supply of goods or services may be
excluded. I acknowledge that these implied terms and rights and any liability of the
Paddling Organisations (or any of them) flowing from them, are expressly excluded to
the extent possible by law, by this declaration. To the extent of any liability arising, the
liability of the Paddling Organisation will, at the discretion of the relevant Paddling
Organisation, be limited to the resupply of the services or payment of the cost of
having the services supplied again.
7. Release and Indemnity. In consideration of the Paddling Organisation accepting my
application for entry to the Event I, to the extent permitted by law:
(a) release and will release the Paddling Organisation from all Claims that I may have
or may have had but for this release arising from or in connection with the Event
and/or my participation in the Event; and
(b) indemnify and will keep indemnified the Padding Organisation in respect of any
Claim by any person arising as a result of or in connection with the Event and/or
my participation in the Event.
8. Fitness to Participate: I declare that I am medically, mentally and physically fit and
able to participate in the Event. I will immediately notify a Paddling Organisation in
writing of any change to my medical condition, fitness or ability to participate in the
Event. I understand and accept that a Paddling Organisation will continue to rely upon
this declaration as evidence of my fitness and ability to participate in the Event.
9. Medical Treatment: I consent to receiving any medical treatment that a Paddling
Organisation reasonably considers necessary or desirable for me during my
participation in the Event if I am unable to make a rational decision about my consent
to any medical treatment that I may require. I also agree to reimburse the relevant
Paddling Organisation for any costs or expenses incurred in providing me with medical
treatment.
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10. Privacy: I understand and agree that any information I have provided in my Event
application will be disclosed to the Paddling Organisation and will only be used in
accordance with the PA Privacy Policy for the objects of Paddling Organisations’
business and to facilitate the conduct of the Event and other events conducted by PA
and/or other Paddling Organisations. I understand that I will be able to access the
information directly through PA. If the information is not provided, my Event application
may be rejected.
I acknowledge that Paddling Organisations may also use my information for the
purposes of providing me with promotional material from Paddling Organisations’
sponsors or third parties. I may advise PA if I do not wish to receive such material from
any Paddling Organisation, sponsor or third party.
11. Right to Use Image. I acknowledge and consent to photographs and electronic
images being taken of me during the Event. I expressly waive any rights I hold or may
hold in such images and acknowledge and agree that such photographs and electronic
images are owned by PA and that the Paddling Organisation may use the photographs
for promotional or other purposes without my further consent being necessary. I
consent to PA and the Paddling Organisation using my name, image, likeness and my
performance in the Event, at any time, by any form of media, to promote the Event, PA
and the Paddling Organisation.
12. Prevailing Conditions. The Event and the conduct of, and participation in, the Event
will be affected by weather and associated conditions and may also be affected by
other events or actions beyond the reasonable control of the Paddling Organisation.
Given there is often an element of the 'luck of the prevailing conditions' in entering and
competing in the Event I acknowledge and agree:
a) the Paddling Organisation cannot control the weather and associated conditions;
and
b) that, in circumstances where the weather is extreme or dangerous or the Event or
part of it cannot proceed due to events or actions beyond the control of the
Paddling Organisation, the Paddling Organisation may cancel the Event or part of
it, whereupon I will not be entitled to any refund or compensation.
13. Severance. If any provision of this declaration is invalid or unenforceable in any
jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction,
if possible, to be valid and enforceable. If the phrase or clause cannot be so read
down, it will be severed to the extent of the invalidity or unenforceability. Such
severance does not affect the remaining provisions of this event declaration or affect
the validity or enforceability of it in any other jurisdiction.
14. Governing Law. This declaration is governed by and construed in accordance with the
law of the State of New South Wales and the parties irrevocably submit to the
jurisdiction of the courts of that State.
15. I have provided the information required above and I warrant that all information
provided is true and correct. I acknowledge this declaration cannot be amended. If I do
amend it my application will be null and void. It cannot be accepted by PA.
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16. If the applicant for the Event has not yet reached the age of 18 years, or requires a
guardian, I, the parent or guardian of the applicant authorise and consent to the
applicant applying to enter and participating in the Event if the application is accepted.
I have read, understood, acknowledge and agree to the above declaration including the
warning, potential non-refund of entry fees for force majeure or adverse weather events,
exclusion of liability, release and indemnity. I acknowledge that if my application to enter the
Event is successful, I will be entitled to participate in the Event.
Where the applicant is under 18 years of age the terms and conditions of this document
must also be confirmed by the applicant’s parent or legal guardian.
I am the parent or guardian of the applicant. In consideration of the applicant's entry to the
Event being accepted, I expressly agree to be responsible for the applicant's behaviour and
agree to accept, in my capacity as parent or guardian, the terms set out in this declaration,
including the provision by me of a release and indemnity in the terms set out above. In
addition, I agree to be bound by and to comply with the Event rules and this declaration |