Water Polo South Australia (WPSA)

Event / Clinic Terms and Conditions

Recreational Activity Risk Warning, Acknowledgement, Waiver and Release

1. DEFINITIONS

For the purposes of this document:

• WPSA means Water Polo South Australia Incorporated.
• Recreational Activities include but are not limited to water polo matches, training sessions, development programs, clinics, camps, competitions, tournaments, officiating, and associated aquatic and fitness activities conducted or sanctioned by WPSA.
• Participant means any person taking part in the Recreational Activities, including minors.

2. ACKNOWLEDGEMENT OF RISK

Participation in Recreational Activities involves inherent and significant risks, including but not limited to the risk of personal injury, illness, or death.

These risks include:

• Physical contact inherent in the sport of water polo
• Risks associated with aquatic environments, including drowning, collision, and fatigue
• Exposure to physical exertion and environmental conditions (including heat and weather-related risks)
• Equipment failure or misuse
• The conduct of other participants, officials, or spectators
• The limited capacity for supervision of minors in dynamic sporting environments

The Participant acknowledges that such risks cannot be entirely eliminated and accepts that participation is voluntary and undertaken at their own risk.

3. FITNESS TO PARTICIPATE & MEDICAL DISCLOSURE

The Participant warrants that they:

• Are medically and physically fit to safely participate in Recreational Activities
• Have disclosed to WPSA any medical conditions, injuries, allergies, or disabilities that may impact their participation
• Will not participate if suffering from any illness or condition that may pose a risk to themselves or others (including infectious conditions)

WPSA reserves the right, at its absolute discretion, to refuse, suspend, or limit participation where a health or safety concern exists.

4. COMPLIANCE WITH WATER POLO AUSTRALIA POLICIES

Participation in WPSA activities is conditional upon compliance with all applicable policies, including but not limited to:

• Water Polo Australia National Integrity Framework
• WPA Code of Conduct
• Member Protection Policies
• Safeguarding Children and Young People Policies
• Anti-Doping Policies (Sport Integrity Australia compliance)
• Competition and Event Regulations

Participants, parents/guardians, coaches, officials, and spectators must comply with these policies at all times. Breaches may result in disciplinary action, including suspension or termination of participation.

5. RISK WARNING UNDER LEGISLATION

This document constitutes a formal risk warning in accordance with applicable legislation, including:

• Civil Liability Act 1936 (SA) (Sections 31–39)
• Competition and Consumer Act 2010 (Cth) (including Section 139A)

By agreeing to this document, the Participant acknowledges the existence of obvious and inherent risks associated with Recreational Activities.

6. EXCLUSION, WAIVER AND RELEASE OF LIABILITY

To the fullest extent permitted by law, the Participant (and where applicable, their parent/guardian):

• Releases and indemnifies WPSA, its officers, employees, volunteers, contractors, and agents from all liability arising from participation in Recreational Activities
• Waives any right to claim for loss or damage, including:
  • Death
  • Physical or psychological injury
  • Illness or disease
  • Aggravation of pre-existing conditions
  • Economic or consequential loss

This waiver applies whether the loss arises from negligence or otherwise.

7. CONTINUING EFFECT

This agreement remains in effect for all future participation in WPSA Recreational Activities unless withdrawn in writing or superseded by a revised agreement.

8. CODE OF BEHAVIOUR AND DISCIPLINARY MATTERS

WPSA enforces a strict zero-tolerance approach to:

• Bullying, harassment, or abuse (including cyberbullying)
• Discrimination based on race, gender, sexuality, religion, or any protected attribute
• Unsportsmanlike conduct or breach of integrity standards
• Violence, intimidation, or unlawful conduct

In line with the Water Polo Australia National Integrity Framework, WPSA may:

• Suspend or terminate participation
• Remove individuals from venues or events
• Refer matters to appropriate governing or regulatory bodies

Parents/guardians and spectators are equally bound by these expectations.

9. REFUND AND CANCELLATION POLICY

• Fees are generally non-refundable for non-attendance
• At WPSA’s discretion, alternative sessions or credits may be offered in exceptional circumstances
• Activities may be postponed, modified, or cancelled due to weather, safety, or operational requirements
• Where rescheduling occurs, participants will be notified, and reasonable alternative arrangements provided

10. MEDIA AND IMAGE CONSENT

WPSA may capture photographic and video content of Recreational Activities for legitimate purposes, including:

• Promotion and marketing
• Reporting and communication
• Historical record-keeping

By participating, the Participant consents to such use.

If consent is not provided, written notification must be submitted at registration. WPSA will take reasonable steps to respect such requests but cannot guarantee exclusion.

11. MEDICAL TREATMENT AND EMERGENCIES

The Participant (or parent/guardian):

• Consents to the provision of first aid by WPSA personnel
• Authorises WPSA to arrange emergency medical treatment, including ambulance services where required
• Agrees to indemnify WPSA for any associated costs

12. GOVERNING LAW

This agreement is governed by and construed in accordance with the laws of South Australia.

13. ACCEPTANCE OF TERMS

By registering, participating, or making payment for any WPSA Recreational Activity, the Participant (and/or parent/guardian):

• Acknowledges that they have read and understood this document
• Agrees to be bound by its terms
• Understands that acceptance is a condition of participation