DRAGON BOATING VICTORIA INC
ABN: 50 804 927 338
Participant Waiver Form
In this declaration:
· Claim means and includes any action, suit, proceeding, claim, demand, damage, cost or expense however arising including but not limited to negligence but does not include a claim against a DBV under any right expressly conferred by its constitution or regulation.
· DBV means Dragon Boating Victoria Incorporated and its member clubs, and where the context so permits, its respective directors, officers, members, servants or agents.
· Sport means the sport of dragon boat practice, training and racing.
· Sporting Activities means performing or participating in the Sport in any capacity which includes, but is not limited to participation in training and competitions.
I acknowledge that I will be bound by and agree to comply with the rules applying to the Sporting Activities and the constitution, regulations, policies and directions of DBV.
Warning: The Sporting Activities are inherently dangerous. I acknowledge that I am exposed to certain risks during Sporting Activities and that accidents can and often do happen which may result in me being injured or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in participating in the Sporting Activities.
Release and Indemnity: I, to the extent permitted by law:
· Release and will release DBV from all Claims that I may have or may have had but for this release arising from or in connection with my participation in any Sporting Activities; and
· Indemnify and will keep indemnified DBV in respect of any Claim by any person arising as a result of or in connection with my participation in any Sporting Activities.
Fitness to Participate: I declare that I am medically and physically fit and able to participate in the Sporting Activities. I can swim 50 m fully clothed.
Medical Treatment: I consent to receive any medical treatment that the DBV reasonably considers necessary or desirable for me during my participation in Sporting Activities. I also agree to reimburse DBV for any costs or expenses incurred in providing me with medical treatment.
Right to Use Image: I acknowledge and consent to photographs and electronic images being taken of me during my participation in any Sporting Activities. I acknowledge and agree that such photographs and electronic images are owned by DBV and it may use the photographs for promotional or other purposes without my further consent being necessary. Further, I consent to DBV using my name, image, likeness and also my performance in the Sporting Activities, at any time, by any form of media, to promote the Sporting Activities.
Exclusion of Implied Terms: I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied in a contract for the supply of goods or services may be excluded. I acknowledge that these implied terms and rights and any liability of DBV flowing from them, are expressly excluded to the extent possible by law, by this participant declaration. To the extent of any liability arising the liability of DBV will, at the discretion of DBV, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the resupply of the services or payment of the cost of having the services supplied again.
I have read, understood, acknowledge and agree to the above terms including the warning, exclusion of implied terms, release and indemnity.
