Activity

The Participant will be competing in the 2024 Australian Bluewater Freediving Classic (the "Activity") provided by the Coffs Bluewater Freedivers Club members, executive, organising committee, sponsors and other individuals (the "Activity Provider").

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Consideration

Being of lawful age and in consideration of being permitted to participate in the Activity, the Participant releases and forever discharges the Activity Provider, the Activity Provider's spouse, heirs, legal representatives, and assigns from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims, and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the Activity, and not withstanding that such damage, loss, or injury may have been caused solely or partly by the negligence of the Activity Provider.

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The Participant understands that the Activity is an inherently dangerous activity with many unique risks such as:

 - shallow water blackout;

 - shark attack;

 - marine creature stings or bites;

 - injury from boats and propellors;

 - drowning;

 - injury from strong currents or waves; and

 - many others.

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The Participant understands that the Participant would not be permitted to participate in the Activity unless the Participant signed this Waiver.

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Concurrent Release

The Participant acknowledges that this Waiver is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant by the Activity Provider, and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives, and assigns.

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Fitness to Participate

The Participant acknowledges to the Activity Provider that the Participant does not have any physical limitations, medical ailments, or physical or mental disabilities that would limit or prevent the Participant from participating in the Activity. The Participant understands that the Activity is physically demanding and requires a high level of fitness and experience.

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Full and Final Settlement

The Participant acknowledges and agrees with the Activity Provider that:

 (1) the Activity Provider has given the Participant sufficient time to carefully read this Waiver;

 (2) the Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this waiver;

 (3) the Participant fully understands the risks and claims that the Participant is waiving to participate in the Activity;

 (4) the Participant is freely and voluntarily executing this Waiver; and

 (5) the Participant is forevever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the Activity.

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Governing Law

This Waiver will be governed by and construed in accordance with the laws of the State of New South Wales.

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