Nunawading Swimming Club Inc (Club)

I agree to abide by the Nunawading Swimming Club Constitution, By-laws, policies and procedures.


I am happy for any photos that include my image to be used by Nunawading Swimming Club and Just Swimming on its website, social media and promotional materials.

Victoria (State)

THIS IS AN IMPORTANT FORM AND YOU SHOULD READ IT CAREFULLY BEFORE PROCEEDING.  UPON CLICKING NEXT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS CONTAINED.


The following terms and conditions must be read carefully.  In consideration of your application for membership of Swimming Victoria being accepted you acknowledge and agree to the following terms and conditions:



  1.      Definitions: in this form:


"Claim" means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with any Swimming Activities, but does not include:


(i)   a claim against SV by any person expressly entitled to make a claim under a SV insurance policy; or


(ii)   a claim against SV under any right expressly conferred by its constitution or regulations. 


"Club" has the same meaning as in the SV Constitution and where the context permits, the Club in which you apply to become a member.


"District Association" has the same meaning as in the SV Constitution.


"SV" means Swimming Victoria Incorporated (ABN 31 750 785 541).


"SAL" means Swimming Australia Limited (ABN 14 109 333 628).


"Swimming Activities" means performing or participating in any capacity, including as a member, in any authorised or recognised Swimming Organisation activity.


"Swimming Organisation" means and includes SAL, SV, Clubs and District Associations and where the context so permits, their respective directors, officers, members, servants or agents.



  1.      Rules of membership and participation: By agreeing to these terms and conditions, you will become a member of the nominated Club and its District Association, SV and SAL.  You acknowledge, agree and consent to becoming a member of these Swimming Organisations.  Upon becoming a member of SAL, SV and the relevant Club and its District Association, the relevant Swimming Organisations' Constitutions will comprise a contract between you and the relevant Swimming Organisation and you will be bound by it and any by-laws, policies or codes of conduct made under it.  You shall submit to any disciplinary measures taken against you and shall take any appeals and litigation before the authorities provided for in the relevant Constitutions and by-laws. You will pay on demand the prescribed or stated fees for the Swimming Activities and/or for affiliation with SAL, SV, the Club and its District Association.  Such fees may be notified to you verbally, in writing or by notice displayed in the relevant Swimming Organisation's premises.

  2.      Risk Warning and Waiver: Your participation in the recreational activities supplied by the Swimming Organisations is inherently dangerous and may involve risk.  There are risks specifically associated with participation in the recreational activities and accidents can and often do happen which may result in personal injury, death or property damage.  Prior to undertaking any such recreational activity, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have.  By signing this form, you acknowledge, agree, and understand that participation in the recreational services provided by the Swimming Organisations may involve risk.  You agree and undertake any such risk voluntarily and at your own risk.  You acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation.

  3.      Waiver: A supplier of recreational services or recreational activities can ask you to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities).


If you sign this form, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the supplier in relation to recreational services or recreational activities that you undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.



  1.      For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies: By signing this form, you agree that the liability of the Swimming Organisations in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any:


(i)   death;


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


(iii)  the contraction, aggravation or acceleration of a disease; or


(iv)  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:


      (A)        that is or may be harmful or disadvantageous to you or the community; or


      (B)        that may result in harm or disadvantage to you or the community, that may be suffered by you (or a                   person for whom or on whose behalf you are acquiring the services) resulting from the supply of                   recreational services or recreational activities,


      is excluded and the application of any express or implied term that any services will be provided with due care       and skill is hereby excluded.


For recreational services to which the Australian Consumer Law (Victoria) applies: Warning under the Australian Consumer Law and Fair Trading Act 2012 (Vic): Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services.  These guarantees mean that the supplier named on this form, the Swimming Organisations, are required to ensure that the recreational services it supplies to you:


(i)   are rendered with due care and skill;


(ii)   are reasonably fit for any purpose which you either expressly or by implication, make known to the supplier;       and


(iii)  might reasonably be expected to achieve any result you have made known to the supplier.


Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier is entitled to ask you to agree that these conditions do not apply to you.  If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 (Vic) if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form. 


Note: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplierÆs part.  ôGross negligenceö in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.  See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 (Vic) and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic).


Exclusion of rights under the Australian Consumer Law (Victoria): By signing this form, you agree that the liability of the Swimming Organisations for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012 (Vic)) that may be suffered by you (or a person from whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services is excluded.



  1.      Release & Indemnity: In consideration of the relevant Swimming Organisations accepting your membership application you, to the extent permitted by law:


(i)   release and forever discharge SAL, SV, the Club and its District Association from all Claims that you may have or may have had but for this release arising from or in connection with your membership and/or your participation in the Swimming Activities;


(ii)   release and indemnify SAL, SV, the Club and its District Association against any Claim which may be      made by you or on your behalf for or in respect of or arising out of your death whether caused by the         negligence or breach of contract by any Swimming Organisation or in any other manner whatsoever; and


(iii)  indemnify and will keep indemnified and hold harmless SAL, SV, the Club and its District Association to the extent permitted by law in respect of any Claim by any person:


      (A)        arising as a result of or in connection with your membership or undertaking the Swimming Activities;                   and


      (B)        against any Swimming Organisation in respect of any injury, loss or damage arising out of or in                     connection with your failure to comply with SAL's or SV's rules and/or directions,


      save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that       is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of a Swimming       Organisation.



  1.      Insurance: You acknowledge and agree that SV has arranged some limited insurance coverage through the Swimming Australia National Insurance Program which may provide you with some protection for loss, damage or injury that you may suffer during your participation in Swimming Activities.  However, you acknowledge and agree that any insurance taken out by SAL or SV may not provide full indemnity for loss, damage or injury that you may suffer during your participation in Swimming Activities and that you may have to pay the excess if a Claim is made on your behalf.  You acknowledge and agree that only non-Medicare medical expenses to a maximum of $5,000 can be claimed under the Swimming Australia National Insurance Program. You agree that your own insurance arrangements are ultimately your responsibility and you will arrange any additional coverage at your expense after taking into account SAL and/or SV insurance arrangements and your own circumstances. 

  2.      Disclosure of Medical Conditions: You warrant that prior to undertaking any Swimming Activities you:


(i)   are and must continue to be medically and physically fit and able to undertake and participate in the       Swimming Activities;


(ii)   are not a danger to yourself or to the health and safety of others;


(iii)  have not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells; and


(iv)  are not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe       for you to take part in a Swimming event, meet or competition including participating in Swimming Activities.


You acknowledge that you must, and you agree that you will, disclose any pre-existing medical or other condition that may affect the risk that either you or any other person will suffer injury, loss or damage.  You acknowledge that Swimming Organisations rely on information provided by you and that all such information is accurate and complete.  You agree to report any accidents, injuries, loss or damage you suffer during any Swimming Activities to the Swimming Organisation conducting the relevant Swimming Activity before you leave any relevant venue.



  1.      Consent to Medical Treatment: If you suffer any injury or illness, you agree that a relevant Swimming Organisation may provide evacuation, first aid and/or medical treatment at your expense and that your acceptance of these terms and conditions constitutes your consent to such evacuation, first aid and/or medical treatment.  You agree to reimburse the relevant Swimming Organisation for any costs or expenses incurred in providing such medical treatment.

  2.   Exclusion of Applicant: You warrant that you have not at any time been excluded from Swimming Activities by a medical practitioner or any person or entity including but not limited to a Swimming Organisation.  You acknowledge and agree that a Swimming Organisation may demand a medical certificate or opinion as to your fitness from a qualified medical practitioner PRIOR to your undertaking any Swimming Activities.

  3.   Safety: You understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during your involvement in Swimming Activities, and you accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance.  You agree to follow any rules set by and/or directions of any Swimming Organisation in connection with any Swimming Activities. If you fail to comply with the rules and/or directions of any relevant Swimming Organisation, you will not be permitted to participate or to continue to participate in the Swimming Activities and no refund will be given. 

  4.   Prevailing conditions - You acknowledge and agree that:


(i)   some Swimming Activities may be affected by the weather which may change without warning; and


(ii)   in such activities, there can be an element of the "luck of the prevailing conditions" when undertaking the Swimming Activities over which the Swimming Organisations have no control.



  1.      Acceptance: Performance of a Swimming Organisation's obligations under the contract may be effected by any one or more of the providers of the Swimming Activities either jointly or severally.

  2.      Bar to proceedings: A Swimming Organisation may plead this contract as a bar to proceedings now or in the future commenced by or on behalf of you or by any person claiming through you.  Where you seek to commence proceedings against a Swimming Organisation, you:


(i)   will commence those proceedings in the courts of the jurisdiction in which any incident occurs;


(ii)   waive any right to object to the exercise of such jurisdiction;


(iii)  will, where you seek to commence proceedings in another jurisdiction from where any incident occurs,       consent (if required by a Swimming Organisation) to move those proceedings to the jurisdiction in which any       incident occurs including consenting to any application made by a Swimming Organisation to remove the       proceedings to the jurisdiction in which any incident occurs;


(iv)  will pay the costs of any application made by any one or more Swimming Organisation under paragraph (iii)       above and will consent to any application for security of costs made at any time by any one or more       Swimming Organisation; and


(v)  consent to paying the legal defence costs of the proceedings (on a solicitor client basis) of any Swimming       Organisation where the Swimming Organisation(s) successfully defend the proceedings. 



  1.      Use of Image: You acknowledge and consent to photographs and electronic images being taken of you during your participation in Swimming Activities.  You acknowledge and agree that such photographs and electronic images are owned by the relevant Swimming Organisation and the Swimming Organisation may use the photographs for promotional or other purposes without your further consent being necessary. 

  2.      Privacy: You understand that the personal information you have provided in your membership application is necessary for the conduct and management of the Swimming Activities and other related activities across Victoria. You acknowledge that SV may use or disclose your personal information for the purposes of providing you with member services or promotional material or otherwise at the discretion of SV.  SV may share your information with third parties such as affiliates and other organisations involved in Swimming Activities and other related activities in Victoria or Australia; companies engaged by SV to carry out functions and activities on SV's behalf including direct marketing; SV's professional advisers, including SV's accountants, auditors and lawyers and SV's insurers; however your information is not generally disclosed to anyone outside Australia. SV may publish your name and results from any event, meet or competition in official programs, newsletters and websites.  You understand that if you wish to access and request correction of your personal information held by SV or make a complaint about the handling of your personal information, you should contact SV. You acknowledge that your membership application may be rejected if the information is not provided. If you do not wish to receive promotional material from SV sponsors and third parties you must advise SV in writing or via the opt-out procedures provided in the relevant communication. SV, in relation to all collection, use and disclosure of personal information, seeks to comply with the provisions contained in the SAL Privacy Policy available at http://www.swimming.org.au/.

  3.      Non-transferable: A right to be a member of SV (if granted) is non-transferable to other people.  Any attempt to transfer to another person without the knowledge of SV may result in the cancellation of any rights granted by the Swimming Organisation without refund and you may not be permitted to participate in further Swimming Activities or programs.  You also accept that fees paid for membership of SV are non-refundable.

  4.      Entire agreement: This form (and the documents to which it refers) constitutes the entire agreement between the parties in respect to the Swimming Activities and supersedes all other agreements, understandings and representations and negotiations with any Swimming Organisation in relation to the Swimming Activities.  To the extent that any clause of this form is void or unenforceable it is severable and does not affect the remaining provisions of the agreement.

  5.      Governing Law: The governing law of this form is the law of the State of Victoria.  You irrevocably and unconditionally consent and submit to the jurisdiction of the courts of Victoria and waive any right to object to the exercise of such jurisdiction.

  6.   Warranty: You warrant that all information provided is true and correct.  You acknowledge this application and declaration cannot be amended.  If you amend this application it may be null and void and may not be accepted by the Swimming Organisation.

  7.   Statement of Understanding: You have read, or have had read to you the above conditions and having understood the same, you consent to the activities proposed.


 


DECLARATION


In order to proceed, you must have read and agreed to the terms and conditions of membership.  By clicking the box below, you declare that you have read, understood, acknowledge and agree to the terms and conditions of membership including the exclusion of implied terms, warning, assumption of risk, release and indemnity.  By clicking the box below, you agree that if your application for membership is accepted, you will be bound by these terms and conditions.

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