PARTICIPANT STATEMENT OF WAIVER 

It is necessary for each participant involved in a Property Industry Foundation (The Foundation) event ('the Event') to read and sign this Participant Agreement which consists of the Conditions of Entry, Assumption of Risk and Statement of Waiver set out below. 

If the participant is a minor (under 18 years of age) a separate Participant Agreement must be signed by the minor's parent or legal guardian to the parent or legal guardian's signed Participant Agreement. 

Please note that participation in the Event will not be accepted without this signed Participant Agreement. 

CONDITIONS OF ENTRY 

For all Participants 

1. Participants must be 16 years or older. 

1. A Participant who is under 18 years of age must walk or ride with their parent or legal guardian. 

1. Participants must: 

1. attend the safety briefing by Skipper and Crew relevant to their participation in the Event; 

1. abide by all instructions given by the Event Organisers and Skipper/ Crew; and 

1. ensure at all times to adhere to any specific sailing/ on-water rules. 

1. The Foundation reserves the right to cancel aspects of, or the entire Event in circumstances that place Participants at risk, such as inclement weather. The Foundation has complete discretion to cancel the Event. No refunds will be made in these circumstances. 

For Sailors only 

1. I hereby acknowledge and accept that my participation in the Regatta can be dangerous and includes activities which, by their nature are inherently risky and may result in my injury, death, or loss or damage to my person or property. I have voluntarily read and understood this warning and accept and assume the inherent risks in the Regatta. 

1. I agree that any warranty implied by law into this agreement is expressly excluded to the extent permitted by law, including but not limited to any warranty implied by virtue of the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act including that the services provided by The Foundation are provided with due care and skill (and any similar statutory warranties). 

1. I agree that The Foundation cannot be held liable for any unforeseen mechanical, gear or rigging issues that may occur. 

ASSUMPTION OF RISK 

1. I have read the Terms and Conditions and Code of Conduct for the Event. 

1. I have trained for the Event (as necessary) and I am not aware of any medical condition or impairment that will be detrimental to my health (or the health of the minor I am responsible for) if I (or the minor I am responsible for) participate in the Event. If I become aware of any medical condition or impairment to myself (or the minor I am responsible for) or am otherwise sick or injured prior to the Event, I (or the minor I am responsible for) will withdraw from the Event and notify the Event Organizers. 

1. I acknowledge that I will choose the event category (if applicable) which suits my ability and fitness levels (or the ability and fitness levels of the minor I am responsible for).  

1. I acknowledge that participating in some Foundation Events may involve a real risk of serious injury or even death from various causes including but not limited to: over exertion; dehydration; holes, rough and uneven ground; medical episode; and accidents with other participants, spectators or road users. I acknowledge that it is a condition of participating in the Event that I (and the minor I am responsible for) do so at my (or the minor I am responsible for) own risk. 

1. Any guarantee implied by law into this Participant Agreement is expressly excluded to the extent permitted by law, including but not limited to: 

1. any guarantee that the services are provided with due care and skill which would otherwise be implied by virtue of section 60 of the Australian Consumer Law; 

1. any guarantee that the services are fit for a particular purpose which would otherwise be implied by section 61 of the Australian Consumer Law; and 

1. any guarantee that the services will be supplied within a reasonable time which would otherwise be implied by section 62 of the Australian Consumer Law (and any similar statutory warranties). 

RELEASE AND INDEMNITY 

1. I acknowledge that The Foundation or the Event Organisers shall not be liable for any direct or indirect loss or damage to me (or the minor I am responsible for) caused by: 

1. death; or 

1. a physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or 

1. the contraction, aggravation or acceleration of a disease; or 

1. 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 in relation to me (or the minor I am responsible for): 

1. that is or may be harmful or disadvantageous to me (or the minor I am responsible for) or community; 

1. that may result in harm or disadvantage to me (or the minor I am responsible for) or community, arising from The Foundation’s failure to comply with the guarantees that would otherwise be implied by sections 60, 61 and 62 of the Australian Consumer Law. 

1. In consideration of The Foundation accepting my entry (and the entry of the minor I am responsible for) in the Event, I hereby indemnify The Foundation to the full extent permitted by law against all loss or damage howsoever arising, directly or indirectly, including all loss or damage arising from The Foundations’s failure to comply with the guarantees that would otherwise be implied by sections 60, 61 and 62 of the Australian Consumer Law. 

STATEMENT OF WAIVER 

1. To the extent permitted by law, I hereby expressly waive all my rights (and the rights of the minor I am responsible for) to sue The Foundation in respect of death or personal injury arising as a result of participation or involvement in any activities provided by The Foundation, including without limitation rights to sue The Foundation or to recover damages, losses or expenses from The Foundation arising by virtue of sections 60, 61 and 62 of the Australian Consumer Law. 

CODE OF CONDUCT 

1. If the event organisers, venue management or security onsite deem the behaviour of anyone at the Regatta, be it, an employee, volunteer, client, and participant to be inappropriate or disrespectful to another person, you will be removed from the event immediately and no refund will be given. 

1. If further action is required because of one’s behaviour at the event, the event manager will enforce security to assist or seek further assistance from law enforcement. All incidents of inappropriate behaviour or disrespectful behaviour will be recorded at the time of incident, and the event organiser and Property Industry Foundation will follow up with those and the company involved. 

GENERAL ACKNOWLDGEMENTS 

1. I will attend the formal safety briefing, if applicable (and if I am responsible for a minor will ensure they attend the formal safety briefing) prior to the start of the Event, and acknowledge it is my responsibility to listen to and understand the directions given at this briefing. 

1. I agree that if the Event is cancelled for any reason including, but not limited to, inclement weather or intervention by a Government statutory authority, my entry fee (and the entry fee of the minor I am responsible for) shall be non-refundable. 

1. I understand and acknowledge that I am responsible for my own safety (and the safety of the minor I am responsible for) and accept the risks set out in points 13 – 17. 

1. I authorise and consent to The Foundation or the Event Organiser's staff and representatives or other medial personal providing medical care or transporting me (or the minor I am responsible for) to a medical facility as considered reasonably necessary for my (or the minor's) health. I agree to pay all costs associated with medical treatment and transportation for medical treatment. 

1. I am fully responsible for the security of my personal possessions (and the personal possessions of the minor I am responsible for) at the Event and neither The Foundation or the Event Organiser is responsible for the replacement of any personal possessions. 

1. I consent to the use by The Foundation of any photograph or image of me (or the minor I am responsible for) taken during the Event for marketing or promotional purposes. I understand that all ownership and copyright in the images will be owned by The Foundation. 

ACCEPTANCE 

I have read and accept the Conditions of Entry, Assumption of Risk, Code of Conduct and the Statement Waiver above and I confirm that the details entered below are true and are that of the individual (or the individual responsible for the minor) submitting this Waiver. 

PRIVACY COLLECTION STATEMENT 

The purpose of collecting your personal information (or the personal information of the minor you are responsible for) is to enable The Foundation and the Event Organiser to process your application (or the application of the minor you are responsible for) as a Participant in the Event. Your personal information will not be disclosed to any other party or used in any other way.