2024 FITZROY
MS MEGA SWIM

EVENT WAIVER

In accordance with the Wrongs Act 1958 (Vic), any participation in the event is at your own risk and MS Plus will not be liable in negligence for harm suffered by you as a result of the materialisation of an obvious risk of a recreational activity.  Should you bring a claim of negligence, MS Plus will seek to rely on a defence of voluntary assumption of risk, on the basis that you were made aware of risks associated with the recreational activity and proceeded on your own volition.  By [ticking the box] you expressly agree that your participation in the event carries certain obvious and inherent risks of physical injury or death and you voluntarily assume all responsibility for all known and unknown risks associated with your participation in the event.

WARNING: If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice.

NOTE: The change to your rights, as set out in or on this notice, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, 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 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.