Dalmeny Board Riders Terms and Conditions.
I apply for membership/entry for/to Dalmeny Board Riders ("Events").
In consideration of my application to become a member and enter an Event I acknowledge and agree that:
1. In this application and declaration: “Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence BUT does NOT include a claim against DBR by any person entitled to make a claim under a relevant DBR insurance policy. “DBR” means DALMENY BOARD RIDERS Inc and includes its members and their respective directors, officers, members, servants or agents. I acknowledge my application to become a member and enter an Event will be accepted upon notification to me by DBR.
2. I acknowledge that I will be bound by and agree to comply with such rules, terms and conditions as may be imposed by DBR in respect to the conduct and management of the Events.
3. Warning: The Events can be inherently dangerous. I acknowledge that I am exposed to certain risks during the Events including but not limited to physical exertion, contact with surfboards equipment, body contact and surf, sea and weather conditions. I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in participating in the Events.
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 goods and services may be excluded. I acknowledge that these implied terms and rights and any liability of DBR flowing from them, are expressly excluded to the extent possible by law, by this declaration. To the extent of any liability arising, the liability of DBR will, at the discretion of DBR, be limited to the resupply of the services or the payment of the cost of having the services supplied again.
5. Release & Indemnity: In consideration of DBR accepting my application to enter the Events and become a member I: (a) release and will release DBR from all Claims that I may have or may have had but for this release arising from or in connection with my participation in the Events; and (b) indemnify and will keep indemnified DBR to the extent permitted by law in respect of any Claim by any person arising as a result of or in connection with my participation in the Events.
6. Fitness to Participate: I have been strongly advised to undergo a physical check-up prior to participating all the Events and to present DBR with a medical clearance from my doctor. I declare that I am medically and physically fit and able to participate in the Events. I am not and must not be a danger to myself or to the health and safety of others. I will immediately notify DBR in writing of any change to my medical condition, fitness and ability to participate.
7. Right to use Image: I acknowledge and consent to photographs and electronic images (including, but not limited to, moving images) being taken of me during my participation in the Events. I acknowledge and agree that such photographs and electronic images are owned by DBR and it may use the photographs and electronic images for promotional or other purposes without my further consent being necessary. Further, I consent to DBR using my name, image, likeness and also my performance in the Events, at any time, by any form of media, to promote DBR or the Events.
8. Privacy: I understand that the information that I have provided on the entry form is necessary for the Events. I acknowledge and agree that the information may be disclosed to third parties but will only be used for the Objects of DBR. If the information is not provided my application for membership and entry to the Events may be rejected. I acknowledge that DBR may also use my personal information for the purposes of providing me with promotional material from DBR sponsors or third parties. I may advise DBR if I do not wish to receive any sponsor or third party material.
9. I have provided the information required and accepted this form. I warrant that all information provided is true and correct. I acknowledge that this application and declaration cannot be amended. If I do amend it my application will be null and void and cannot be accepted by DBR.
10. I have read, understood, acknowledge and agree to the above declaration including the warning, exclusion of liability, release & indemnity. I acknowledge that if my application for membership and entry to the Events is successful I will be entitled to participate in the Events.
11. I am responsible for my own belongings. DBR are not responsible for the loss or damage to any personal belongings whilst attending any Event or function. DBR is an environmentally conscious organisation and would appreciate the removal and disposal of any rubbish. I will behave in a respectful manner and show good sportsmanship to other competitors. If I behave otherwise or bring DBR reputation into disrepute I may be asked to leave and have my membership forfeited.
NOTE: Where the applicant is under 18 years of age this form must also be accepted by the applicant’s parent or legal guardian. I am the parent or guardian of the applicant. I authorize and consent to the applicant entering the Events. In consideration of the applicant’s application for entry being accepted I expressly agree to be responsible for the applicant’s behaviour and agree to personally accept in my capacity as parent or guardian the terms set out in this application and declaration including the provision by me of a release and indemnity in the terms set out above. In addition I agree to be bound by and to comply with the Event rules, terms and conditions. Parents/guardians are responsible for the supervision of all minors while present at the contest site or any DBR functions. DBR members will not be held responsible for the safety or supervision of any minor during contest times.