I hereby apply to compete in an SCF Events Pty Ltd (“SCF”) fishing competition. In consideration of my application being accepted I acknowledge and agree that:
1. In this membership declaration:
“SCF Activities” includes (but not limited to) fishing of all kinds, rod fishing, fishing from the shore, fishing from a boat, spear fishing and free diving. You acknowledge that you will be on your own and not under the direct supervision of SCF.
“Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to personal injury, property damage, and/or economic loss.
“SCF” means SCF Events Pty Ltd (“SCF”) and its affiliated businesses.
2. This Waiver and Declaration will be interpreted under and governed by the laws of Queensland. I acknowledge my application will be deemed to be accepted upon my participation in SCF Activities and I acknowledge that I will be bound by and agree to comply with the constitutions, by-laws, regulations and policies of SCF. I acknowledge that these constitutions, by-laws, regulations and policies of SCF may change from time-to-time as the case may be.
3. Warning: The SCF Activities include dangerous sports and activities which carry an obvious risk of injury or loss, including death. You understand and acknowledge that you have full knowledge of the risks associated with the SCF Activities and that you voluntarily agree to make the choice to undertake the SCF Activities. You acknowledge that you fully appreciate the nature and extent of the risk associated with the SCF Activities.
4. Fitness to Participate: I declare that I am medically and physically fit and able to participate in any SCF Activities. I am not and must not be a danger to myself or to the health and safety of others. I will immediately notify SCF in writing of any change to my medical condition, fitness and ability to participate.
5. 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.
6. Release & Indemnity: In consideration of SCF accepting my application to compete I:
(a) Forever release SCF from all Claims that I may have or may have had but for this release arising from or in connection with my membership and/or participation in any SCF Activities; and
(b) Forever indemnify and will keep indemnified SCF to the extent permitted by law in respect of any Claim by any person arising as a result of or in connection with my membership and/or participation in any Activities.
7. Confidentiality: I acknowledge that through participation in SCF Activities I may be privileged to confidential proprietary information and contacts that are essential to SCF. In support of SCF I agree to not teach, share and/or profit from the proprietary information received from SCF.
8. Severability: If any provision of this agreement is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction, unless it materially alters the nature or material terms of this contract, including but not limited to the confidentiality cumulative covenants above.
I have provided the information required overleaf and signed this form. I warrant that all information provided is true and correct. I acknowledge that this declaration cannot be amended. If I do amend, without consent of SCF, my membership and inclusion in competition will be immediately cancelled and the enduring clauses of this Application and Declaration will continue to bind me. I have read, understood, acknowledge and agree to the above declaration including the warning, exclusion of liability, release & indemnity, fitness to participate, confidentiality, and privacy. I acknowledge that if my application for inclusion in the SCF Activities is successful I will be entitled to all benefits, advantages, privileges and services of SCF membership.