Waiver Form

I hereby apply to participate in the sport of dragon boating governed by DBSA and acknowledge and agree that:

In this participant 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 DBSA under any right expressly conferred by its constitution or regulation.

·       DBSA means DragonBoat SA 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 racing.

·       Sporting Activities means performing or participating in the Sport in any capacity which includes, but is not limited to participation in training, competitions, coaching or as an official.

Acknowledgement: 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 DBSA.

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 DBSA 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 DBSA 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 and I will wear an approved Personal Flotation Device (PFD).

Medical Treatment: I consent to receive any medical treatment that the DBSA reasonably considers necessary or desirable for me during my participation in Sporting Activities. I also agree to reimburse DBSA 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 DBSA and it may use the photographs for promotional or other purposes without my further consent being necessary. Further, I consent to DBSA 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 DBSA 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 DBSA will, at the discretion of DBSA, 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.