PARTICIPANT (WAIVER FORM)
I acknowledge and agree that:
1. In this application and 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 DBNSW under any right expressly conferred by its constitution or
regulation.
“DBNSW” means Dragon Boats NSW Incorporated and, where the context so permits, its respective directors, staff officers,
members, servants or agents.
“Club” means a Member for the time being of DBNSW in accordance with clause 5 of the DBNSW Constitution.
"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.
2. If my application for participation is accepted I acknowledge that I will be bound by and agree to comply with all rules applying to
the Sporting Activities and the constitution, regulations, policies and directions DBNSW and the Club.
I accept that this form may be stored for up to five (5) years and beyond by DBNSW and/or the Club. I will comply with all directions
given by the Club and DBNSW.
3. Warning: The Sporting Activities are inherently dangerous. I acknowledge that I am exposed to certain risks during Sporting Activities
and that accidents may happen which may result in injury, illness or death, or my property being damaged. I have read and
understood this warning and voluntarily accept and assume the inherent risks in participating in the Sporting Activities.
4. 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 into a contract for the supply of services may be excluded. I acknowledge that these implied
terms and rights and any liability of DBNSW and the Club flowing from them, are expressly excluded to the extent possible by law,
by this application and declaration. To the extent of any liability arising, the liability of DBNSW and/or the Club will, at the discretion
of DBNSW and/or the Club as the case may be, 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.
5. Release and Indemnity: In consideration of DBNSW and the Club accepting my application for participation I, to the extent permitted
by law:
(a) release and will release DBNSW and the Club 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
(b) Indemnify and will keep indemnified DBNSW and the Club in respect of any Claim by any person arising as a result of or in
connection with my participation in any Sporting Activities.
6. Insurance: I understand that during my participation in the sport under the supervision of DBNSW, a Club or any other approved
party that I will be provided with various forms of temporary insurance coverage. Details on this coverage can be found online at
vinsurancegroup.com/dragonboat/
7. Fitness to Participate: I declare that I am medically and physically fit and able to participate in the Sporting Activities. I will
immediately notify DBNSW and the Club in writing of any change to my medical condition, fitness or ability to participate. I
understand and accept that DBNSW and the Club will continue to rely upon this document as evidence of my fitness and ability to participate.
8. Medical Treatment: I consent to receiving any medical treatment that the DBNSW and the Club reasonably considers necessary or
desirable for me during my participation in Sporting Activities. I also agree to reimburse DBNSW and the Club for any costs or
expenses incurred in providing me with medical treatment.