These terms and conditions apply to the Events and entry into the Events is deemed acceptance of these terms and conditions.
ENTRY REQUIREMENTS
All competitors agree to all of these terms and conditions as part of the Events registration process (acceptance indicated by ticking consent box).
Waratah SLSC may, in its absolute discretion and without giving reasons for its decision, accept or refuse an application for registration and may seek verification of the above entry requirements in whatever manner it sees fit.
Waratah SLSC makes no warranties as to the Events, the Events course and conditions or whether it is safe to undertake the Event or otherwise and that the competitor’s entry fee for the Events is non-refundable if they decided not to complete the Event.
Events may be cancelled due to safety or other reasons as determined by Waratah SLSC. If the Swim Event is cancelled, it may be re-run on an alternative date as determined by Waratah SLSC and/or all entries converted to a Virtual Event. Any refunds prior to event dates are at the discretion of Waratah SLSC and will incur and administrative fee.
PARENTAL AND GUARDIAN ACCEPTANCE
Parents or guardians consenting to a child’s entry to any of the Events must indicate acceptance by a signature during the registration process confirming: I certify that I am the parent or guardian of the person in this application who will be under 18 years of age on the day of the Event and that he/she has my consent to participate in the relevant Events. I agree to this Waiver/Terms and Conditions of Entry, agree to take full and sole responsibility for the Entrant’s safety and participation in the Event(s) and indemnify Waratah SLSC in accordance with this waiver / terms and conditions on behalf of the applicant.
HEALTH & SAFETY
The competitor understands that the Events are physically and mentally strenuous and demanding and that only competitors that have appropriately trained for the Events should compete.
The Competitor warrants that they have performed the necessary training and will compete in a safe manner and are not aware of any injury, illness or impairment which may cause injury or death during the Events.
The competitor understands that it is recommended that they consult a registered medical practitioner for the purpose of seeking confirmation that their physical condition is suitable for participation the Events.
For entrants in the Virtual Events only, wherever they may undertake the Events, the competitor acknowledges that there is no Event traffic control, water safety, first aid provisions, or other typical Event support at any time in the lead up to or during the Events and the competitor undertakes the Virtual Events at their own risk.
The Competitor acknowledges that it is their responsibility to check weather and area conditions before taking on the Virtual Events and that they will check for storm, rain, inclement weather, winds or other “acts of God” in relation to safely completing the Events.
All competitors are encouraged to undertake their training and Virtual Events safely.
All competitors warrant that all information that they may provide for the purpose of providing medical information will be, to the best of their ability, complete and accurate and that under no circumstances will they knowingly withhold any information or mislead any medical staff and/or volunteer medical personnel.
All competitors consent to receive, at the events, immediate first aid by event staff as required and advanced medical treatment as determined by a registered medical practitioner in case of significant injury and/or illness during the Events.
COMPLIANCE WITH LAWS
During the Event, the Competitor will comply with all relevant restrictions and all traffic and road laws, in the jurisdiction that they are participating in and any directions issued by relevant officers of the law.
WAIVER AND ACKNOWLEDGMENT
The Competitor acknowledges that they have been advised that participation in each of the Events involves a risk of injury, death and financial loss and that their participation (or of any person under their legal responsibility) is at their own risk. The competitor acknowledges that the assumption of risk and warning above constitutes a ‘risk warning’ in accordance with relevant legislation.
In consideration of the Waratah SLSC permitting the Competitor entry into the Events, the Competitor hereby releases to the maximum extent permitted by law, and forever discharges Waratah SLSC and its members, Event volunteers, Event sponsors, Waratah Foreshore Committee of Management, Commonwealth and State Departments and Instrumentalities, medical and paramedical practitioners and personnel, and all other persons involved in the organisation, conduct and promotion of the Events and their respective employees, servants, agents, contractors, consultants and officers (collectively, “Event Organisers”) from and against all and any claims, suits, demands, liabilities, loss and damage (including indirect and consequential loss), costs, expenses and, interest, whether pursuant to common law or statute, that the competitor (or any person under their legal responsibility) may suffer or incur arising from or connected with the Events including as a result of the negligence, breach of duty, breach of care or other fault or responsibility of Event Organisers, and any of their respective representatives.
CONTENT AND DATA
The Competitor agrees that while Waratah SLSC provides access to an application to record Events times in good faith, it cannot be held responsible for the loss of data which may occur from the application itself or in transmission between the application and Waratah SLSC’s website.
The Competitor consents to Waratah SLSC, the sponsors of the Events or third parties appointed by them to use, without restriction, any content the Competitor submits and/or Waratah SLSC obtains, and/or any images, film, sound recording or photographs uploaded to the Events Social media pages, captured or taken before, during or after the Events without compensation.
The Competitor understands that in providing their email address that they agree to receive e-newsletters from Waratah SLSC in relation to the Events and/or the Event’s major sponsors in line with our privacy policy.
If the competitor does not wish to receive promotional material from Waratah SLSC or its sponsors the competitor may opt-out via the procedures provided in the relevant communication.
The Competitor acknowledges that these terms and conditions may change from time to time as required by Waratah SLSC and without notice to the Competitor.
PRIVACY STATEMENT
Waratah SLSC collects personal information about the Competitor for the purposes of organising and administering this and future Events; publishing result-times and place-finishes; contacting the Competitor to attend or assist with future Events and other functions arranged by Waratah SLSC; and contacting any family members or friends nominated by the Competitor to be contacted in case of an emergency.
Personal information that we collect and hold, may also be used to promote goods and services that may be of interest to the Competitor from our key sponsors via direct communications from us. The Competitor’s information will not be divulged to third parties unless required by law or as directed by the Competitor via any promotional response.
Waratah SLSC will only disclose the Competitors personal information when required by law, including where required by law enforcement agencies under a warrant.
Personal information we hold is generally stored in computer systems which may be operated by us or by our service providers. In all cases, we have rigorous information security requirements aimed at eliminating risks of unauthorised access to, and loss, misuse or wrongful alteration of, personal information.
If the Competitor does not provide all the information requested by Waratah SLSC, Waratah SLSC cannot accept the Competitor’s entry into the Events. The Competitor can access and ask to update or correct any of their personal information by contacting Waratah SLSC in writing at the address on the Events web page.
GENERAL PROVISIONS
The Competitor’s entry into the Events is personal and the Competitor has no right to sell, transfer or assign that entry. Any attempt to transfer an entry to another person without the knowledge of Waratah SLSC may result in the cancellation of the competitor’s entry without refund and the competitor may not be permitted to participate in further Events.
Refunds are granted prior to December 15 2025, minus a $15.00 Administration fee accessible by sending an email to info@waratahbeach.com.au with the details.
The competitor also accepts that their entry fees post December 15 2025 are non-refundable except in extenuating circumstances where a $15.00 Administration fee will apply. Acceptable extenuating circumstances will be solely determined by Waratah SLSC but may include significant medical reasons not allowing them to compete.
Lost or Missing Timing devices will incur a fee. The Swim Event has a fee of $20.00 for a lost timing device.
If for any reason, the Events are not capable of being run as planned, Waratah SLSC reserves the right to take any action that may be available to it including cancelling, modifying or suspending the Event.
Any Competitor who engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Events or who does not comply with the entry process will be ineligible to participate in the Events.
Waratah SLSC reserves the right to alter the distance or route of the course to due to unforeseen circumstances and disqualify Competitors in the Event of non-compliance with this waver (Terms and Conditions) and race rules as detailed on the event website.
If any of the provisions or part of a provision of the terms and conditions is judged to be illegal or unenforceable, the remaining provision or provisions shall continue in full force and effect unless the substantive purpose of these terms and conditions is then frustrated, in which case either party may terminate the terms and conditions forthwith on written notice.
No forbearance or delay by either party in enforcing its respective rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
Competitors acknowledge that any type of drone or unmanned aerial vehicle (UAV) is prohibited at the Events.
Competitors agree that on the day of the Events that they will comply with all laws, all directions and instructions issued and given by Event Organisers at the Events and accept that failure to do so may result in them being removed from the Events.
DEFINITIONS
“Waratah SLSC” means Waratah Surf Life Saving Club Incorporated, ABN 90 162 377 327 and includes where appropriate Waratah SLSC, agents, contractors and officers.
“Content” refers to photos and other social media uploaded to the Events Social Media pages and/or website.
“Events” or “Event” refers to the WIN Current Cruiser covering the physical event at Waratah and Virtual WIN Current Cruiser event whichever the competitor has entered into.
“Virtual Event” or ‘Virtual Events” refers to the WIN Current Cruiser
“Swim Event” refers to the WIN Current Cruiser.
“Competitor” refers to eligible person who has registered for the Event.
