PERSONS ENTERING AN MSWA SWIM MUST AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
I understand in consideration of, and as a condition of acceptance of my entry in MSWA Swim (the Event) for myself, my heirs, executors and / or administrators (we) hereby waive all and any claim, right or cause of action which we might otherwise have arising out of my death, injury, damage, or loss of any description (including, but not limited to consequential loss such as loss of business, loss of profits and loss of opportunity) whatsoever that I may suffer or sustain in the course of, or consequent to my entry and/or participation in the Event. I also fully release MSWA (Inc.) for liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of MSWA or its agents, contractors, representatives, officers or employees.
If the entrant is under 18, I certify that I am the parent / legal guardian and she / he has my consent to participate in the Event.
This waiver, release and discharge shall be (and operate separately) in favour of all persons, corporations and bodies involved, or otherwise engaged in promotion or staging the Event and each of their servants, agents, representatives and officers.
The entry fee is not refundable unless the Event is cancelled.
I acknowledge that the event involves the real risk of injury or death from various causes including over exertion, accidents with competitors and general public. I attest, verify and acknowledge that:
I acknowledge that I should seek medical advice prior to participation in the Event if I have suffered or am suffering from a medical condition.
I acknowledge that there will be others swimming in the lane, therefore I agree to, and will conform to the Pool Etiquette listed below:
I acknowledge and consent to photographs being taken of me during my participation in the Event. I acknowledge that the photographs are owned by MSWA (Inc.) and that they may use the photographs for promotional or other purposes without my further consent. Further, I consent to the Event organisers using my name, image, likeness and also my performance in the Event at any time.
I consent to receiving any medical treatment that the Event organisers or their authorised representatives consider necessary or desirable during or after the Event.
The Event and the conduct of, and participation in the Event may be affected by weather and associated conditions. I acknowledge these conditions are governed by chance and are not under the control of the Event organiser.
I acknowledge that I am required to remit any sponsorship money or donations collected for or on behalf of me to MSWA (Inc.) at the conclusion of the event.
I acknowledge MSWA (Inc.) does not take responsibility for the condition, upkeep or maintenance of the pools.
All material on the site is protected by copyright unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on the site.
Additionally, you may not distribute or transmit, modify, reuse, report, or use the contents of the site for public or commercial purposes, including the text, images, audio, video and programming code that makes up the web pages, without the written permission of MSWA (Inc.).
Materials displayed on the site are either the property of or used with permission by mswa (Inc.). Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Use of this and other websites
The use of the website is at your risk. MSWA (Inc.) makes no warranties or representations as to its accuracy or completeness and MSWA (Inc.) specifically disclaims any liability or responsibility for any errors or omissions. MSWA (Inc.) nor any other party involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, revenue or profit arising out of your access to, or use of, or inability to use or access, the site.
MSWA (Inc.) is not responsible for the accuracy of any hyperlinks, content, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the site. Your linking to any other site is entirely at your own risk. While MSWA (Inc.) may provide links on this site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content on the site. MSWA disclaims all warranties, express and implied, as to the accuracy, validity, legality and otherwise of the materials or information contained on such sites.