10k Manly Swim Challenge

Terms & Conditions

Please take a moment to carefully read the following terms and conditions of entry.

Risk Warning (Section 5M Civil Liability Act 2002)

Surf ski paddlers and other boats will be patrolling the course for the duration of the 10 kilometre Manly Swim Challenge (hereafter called the Event). If a swimmer feels unable to go on, they should attract the attention of their support team or water safety personnel and immediately notify the Race Director. However, please note that the Cole Classic Incorporated cannot guarantee your safety.

Warning is given to all entrants that the Event is a demanding event. Possible risks include injury or death due to; dumping waves, sandbars, being hit by surf craft, object or person, drowning marine stinger or shark attack.

Swimmers enter at their own risk, are responsible for their own physical condition and are urged to train and have a medical check prior to entry. A swimmer deemed incapable of completing the course may be brought to shore by the water patrol at any time. Any swimmer who has not passed the halfway buoy within 45 minutes of the start of their age category may be asked to default and may be transported to shore. Any swimmer who does pull out of the race must notify officials at the Information Booth on the promenade. While in the water, all swimmers must comply with the directions of lifeguards and/or the Manly Life Saving Club.

Agreement Waiver and Indemnity

In consideration of acceptance of my entry in the Manly Swim Challenge (hereafter called the Event), I, and on behalf of my heirs, executors and administrators agree with each of the Indemnified Parties (as defined herein) and declare that:

  1. I hereby waive release and discharge all and every claim, right or cause of action (including for negligence, for breach of contract or breach of Statute) for which I might have or which arises out of my death, injury, damage or loss of any description which I may suffer or sustain as the result of my participation in the Event.
  2. This waiver release and discharge shall operate jointly and severally in favour of the Indemnified Parties, namely: Cole Classic Committee, Cole Classic Incorporated, New South Wales Maritime Authority, Manly Municipal Council, the New South Wales Swimming Association, the Surf Lifesaving Association of Australia (and any of its State Centres, Branches, affiliated Surf Live Saving Clubs and Committees), Training Aid Australia, Australian Volunteer Coastguard, sponsors, supporters, persons, corporations, contractors, sub-contractors, volunteers, servants and employees involved or other wise engaged in organising, promoting, staging, administering, running or controlling the Event.
  3. I agree to indemnify and keep indemnified the indemnified parties against all actions, suits, demands, claims, proceedings, costs, expenses, liabilities and judgements (including for negligence, breach of con tract or breach of statute) arising out of or in relation to my participation in the Event. This indemnity may be pleaded as a bar to any action, claim, demand, suit or legal proceedings.
  4. I consent to receive such medical aid or preventative treatment which may be deemed advisable in the unfettered discretion of Race Medical Officials and Lifesavers in the event of any injury accident or illness to me as the result of my participation in the Event.
  5. I consent to the free use of my name, personal information, photograph, interview or appearance in any news paper, promotion, advertising material, publication, video, broadcast, website or use in any media now known or yet to be devised, by the Cole Classic and/or its sponsors.
  6. I affirm that I have properly trained for and fully satisfied myself as to my physical and medical condition to compete in the Event.
  7. I agree to abide by and accept the rules and regulation of the Event whether announced on the day or prior there to and to accept the decisions of both the Race Referee and the Race Committee.
  8. I agree and accept that the Cole Classic Committee may, at its absolute discretion, vary the rules and regulations of the Event and without prior notice to me;
  9. I agree to accept full responsibility to inform myself and assess all the dangers hazards and risks of entry in the Event and rely solely on my own assessment of these dangers, hazards and risks before participating in the Event and notwithstanding any decision thereon made by the race committee and other persons corporations and bodies involved engaged in promoting or staging the Event.
  10. I agree that in the event of cancellation of the Event my entry fee shall not be refundable.
  11. I agree that as a person to whom recreational services are supplied by the organisers, it is a term of my entry that I engage in the recreational activity of Event at my own risk.
  12. I agree that the terms and conditions contained in this entry form shall be construed broadly to provide a release, indemnity and waiver to the Indemnified Parties of any liability for loss injury or other damage to personal property to the maximum extent permitted by law and shall be construed according to the law of New South Wales.

Indemnity in respect of persons under 18 years

In consideration of the Cole Classic Committee agreeing at my request to accept the entry of the minor applicant I agree for myself, my heirs, executors and administrators to indemnify and keep indemnified the Indemnified Parties against all actions, suits, claims, proceedings, demands, cost, expenses, liabilities or judgements which the applicant and I may have against the Indemnified Parties but for the terms of this agreement in respect of any death, injury, damage or loss sustained by the minor applicant as the result of the minor applicant’s participation in the Event. I affirm that I have full authority on behalf of both Parents and/or Guardian to sign this Indemnity AND that this indemnity may be pleaded as a bar to any action claim demand suit or legal proceedings.

Protests

The decision of the Race Referee is final. Protests must be made in writing to the Race Referee within 45 minutes of completion of the event.

Cancellation

The Race Committee reserves the right to cancel the Race due to rough or dangerous conditions. In the event of cancellation, there will be NO REFUND of entry fee and the event will NOT be re-run. Proceeds from the day go to Manly LS Club. A decision will be made ASAP on Race day and broadcast on ABC and commercial radio, and via www.coleclassic.com