2024 Terms of Participation

Participation Terms and Conditions

All registered participants in the Marilyn Jetty Swim must accept these terms and conditions (“Terms and Conditions”) prior to their participation in the Marilyn Jetty Swim. If you are under the age of 18, you must ensure that these Terms and Conditions are accepted by your parent or guardian on your behalf. By participating in the event you are also accepting the Fundraising Guidelines that apply in the State or Territory in which you are conducting your fundraising event; the Privacy Collection Statement; and any other documents provided to you in your welcome pack, and you agree to comply with them. Where relevant these Terms and Conditions will also apply to spectators and visitors at the Marilyn Jetty Swim event and to donors and supporters of registered participants.

Definitions and Interpretation

“Marilyn Jetty Swim” includes all activities preceding arrival at Brighton Beach Esplanade and as part of the Brighton Jetty Classic, and the Marilyn Jetty Swim Soiree, whether organised by Cancer Council or any other person.
“Cancer Council SA”, “we”, “us” or “our” means Cancer Council SA.
“You” means all registered participants, and any parent or guardian accepting these Terms and Conditions on behalf of a participant under the age of 18 years of age.

If any of part of these Terms and Conditions is deemed unenforceable, illegal or void, you agree that that part must be modified to the minimum extent necessary to make it enforceable while preserving its original intent. If such modification is not possible the unenforceable part will be removed and the remaining Terms and Conditions will remain in effect.

Risk Notice and Voluntary Assumption of Risk

You understand and agree that you participate in the Marilyn Jetty Swim at your own risk.
The Marilyn Jetty Swim is an event that involves the inherent risks of harm associated with physical exertion. Some of those risks include injury due to slippery or uneven surfaces, obstacles, trip hazards, overcrowding, collision with objects or people and the effects of heat, cold, dehydration and exhaustion. In rainy, windy or other inclement weather conditions, tents, marquees or other structures may collapse or become unsecured from the ground, potentially resulting in injury.

The above is not an exhaustive list of all risks inherent in your participation in the Marilyn Jetty Swim. There may be risks that are not known or reasonably foreseeable at this time.

Cancer Council recommends that you consult a doctor before participating in the Marilyn Jetty Swim, particularly if you have ever experienced a heart condition, stroke, unexplained chest pains, faintness, dizziness, shortness of breath, severe asthma, diabetes, muscle, joint or bone problems or any other medical conditions that may make it dangerous for you to participate in the Marilyn Jetty Swim. Regardless of whether you have consulted a doctor, you agree that you are aware of the risks involved and you voluntarily assume those risks (including any arising from the negligence of Cancer Council SA).

You warrant that you have no known medical conditions or disabilities that may be incompatible with your safe participation in the Marilyn Jetty Swim. You warrant that you are in proper physical and mental condition to participate in the Marilyn Jetty Swim. You consent to medical care and transportation in order to obtain treatment in the event of injury to your during the event, as volunteers or medical professionals may deem appropriate. You understand that these Terms and Conditions extend to full release and exclusion for any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury to me.

You understand that Cancer Council SA has obtained no personal accident insurance or any other insurance covering your participation in the Marilyn Jetty Swim and it is your responsibility to obtain any and all insurance which is appropriate for that purpose.

You acknowledge that during the period prior to arrival at Brighton Beach Esplanade and as part of the Brighton Jetty Classic, both your person and your property shall be at your own risk. You understand and accept that the organisers and Cancer Council SA are not responsible for any loss or damage to personal belongings and that vehicles are parked at the owner’s own risk.

You understand that Cancer Council SA will not supervise underage participants, and underage participants must arrange to be supervised by an adult.

Indemnity

You will indemnify, keep indemnified and hold harmless Cancer Council SA and Marilyn Jetty Swim sponsors and organisers, as well as their officers, employees, volunteers, agents and representatives, from any and all loss, damage, cost or expense in connection any claim arising from your participation in or involvement with the Marilyn Jetty Swim or any breach of these Terms and Conditions by you; and publication or supply of any materials (as defined in the Media Consent and Provision of Materials clause below) by you.

Once registered participants have arrived at Brighton Esplanade, jurisdiction transfers to the Brighton Jetty Classic and registered participants are bound by the rules and regulations that are applied by Brighton Jetty Classic organisers, as well as their directors, officers, employees, volunteers, agents and representatives.

Release and Exclusion of Cancer Council SA's Liability

To the maximum extent permitted by law:

you fully and irrevocably exclude and release Cancer Council SA and all Marilyn Jetty Swim sponsors and organisers, as well as their directors, officers, employees, volunteers, agents and representatives, from all liability for any loss, damage, cost or expense (whether in negligence, contract, under statute or otherwise) suffered by you as a consequence of my involvement in Marilyn Jetty Swim, including in relation to death and personal injury;
all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on Cancer Council SA or Marilyn Jetty Swim sponsors or organisers (or their directors, officers, employees, volunteers, agents and representatives) are excluded (including consumer guarantees to the extent such exclusions are permitted under the law);
neither Cancer Council SA nor any Marilyn Jetty Swim sponsor or organiser (nor any of their directors, officers, employees, volunteers, agents and representatives) will be liable to you, or any other person in contract, tort (including negligence) or otherwise for any loss, damage, cost or expense of any kind (including direct, indirect or consequential losses, damages, costs and expenses) suffered or incurred by you, or any other person in connection with the Marilyn Jetty Swim; and
in any circumstances where the above exclusions (or any of them) are held by a court to be ineffective or unenforceable for any reason whatsoever, Cancer Council's liability to you and to any other person is limited (at its option) to resupplying, repairing or replacing the service to you or the payment of the cost of supplying the service to you again.

Refunds Policy

Registration payments and sponsorships of participants are not refundable for any reason. If you are unable or unwilling to participate in the Marilyn Jetty Swim, or if the Brighton Jetty Classic is modified or terminated for any reason, registration payments will be deemed to be donations to Cancer Council SA for which a tax-deductible receipt will be issued upon request. However, Cancer Council SA is willing to consider requests to transfer registration fees to future events on a case-by-case basis. Should you have made an error whilst registering or donating or wish to request a transfer to a future event please contact Cancer Council SA for assistance.

Public Venue and Persons Giving Directions

The Brighton Jetty Classic is a public event held on premises or property made available for community events. As such, the agreement to participate in the Marilyn Jetty Swim means that you also agree to be bound by the rules and regulations that may apply to the premises or property where The Brighton Jetty Classic is to be held. You also agree to follow the directions of anyone authorised to give directions whilst you are on the said premises or property.

Behaviour

You agree to show respect and consideration for other participants at the event. You agree to abide by the venue rules concerning activities, coarse language, privacy, and noise. You acknowledge and agree that the Marilyn Jetty Swim, Brighton Esplanade and Brighton beach are smoke-free environments. You must obey all applicable laws at all time while participating in the Marilyn Jetty Swim.

You also agree that you will abide by the Terms and Conditions of entry for the Brighton Jetty Classic regarding alcohol consumption. You also agree that alcohol will not consumed at any time prior to participation in the Brighton Jetty Classic.

You acknowledge that the Marilyn Jetty Swim is an animal free event, except for service animals.
You acknowledge that the Marilyn Jetty Swim is an event that may involve minors. You warrant that you/ are not a person recorded on the Australian National Child Offender Register.

Media Consent and Provision of Materials

You acknowledge that in the course of the Marilyn Jetty Swim, photographs, images, film or audio recordings may be taken of you, either alone or with others. If you post photographs, images, film, audio recordings, text or artwork (“materials”) on social media, share that content with Cancer Council using hashtags or tag Cancer Council SA in the post, or otherwise provide any materials to Cancer Council SA, you will ensure that:

you own the intellectual property in those materials or have the permission of the owner of the intellectual property for Cancer Council SA (and its assignees and licensees) to use such items;
the material is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
the material is not a ‘passing off’ of any product or service and does not constitute unfair competition;
the material does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
the material does not infringe any applicable laws including, but not limited to, the Australian Competition and Consumer Laws.

You agree to Cancer Council SA and its assignees and licensees using photographs, images, film, audio recordings, text, or artwork taken of you and materials provided by you (either complete or in part) for any purpose (including publicity, merchandising, editorial, education, fundraising) in any country and in any type of media without qualification (e.g. newspapers, magazines, social media, other print publications, radio and television broadcasts, websites, webinars, podcasts and vodcasts) and in perpetuity. You agree to the use of your name in conjunction with any photographs, images, film or audio recordings of or quotes from you . You also agree that the photographs, images, film, audio recordings, text or artwork taken of you and materials provided by you may be used by third party media organisations in connection with the reporting of the Marilyn Jetty Swim.

Participation by children under 18 years

The Event Period is the period in which any fundraising activity associated with the event takes place, including participation in the Event itself.

To participate in the Event, children under 18 years of age must:

have the explicit consent of their parent or guardian to participate at the time of registration
be accompanied/supervised by their parent or guardian (the Supervisor) during the Event Period and any associated fundraising activities
only participate
1. for less than 4 hours on a school day;
2. for less than 6 hours on a non-school day;
3. up to 8:30pm on a non-school day when the following day is a school day;
4. no more than to five days in a week;
5. after 6.30am or sunrise, whichever is the later; and
6. up until sunset or 6pm, whichever is the earlier.

The Supervisor must ensure that during the Event Period:

they maintain ongoing contact and proximity to the child appropriate to the child’s age;
the child is provided with appropriate food and water or other nutritious drink;
the child is adequately clothed and protected for the weather conditions;
the child does not enter a private dwelling if soliciting door-to-door;
the child does not solicit from a person in a motor vehicle; and
they accompany the child home after the Event, unless the child is more than 12 years or age

Authorised Fundraiser ID Badge

South Australian law outlines how you represent Cancer Council SA as a Fundraiser when collecting donations of goods, services or money from people you don’t know (unsolicited) in the community:

Name tag:
Upon registration, each registered fundraiser will receive, via email, a Letter of Authority and Fundraising ID Badge.

Please cut out and wear your unique identification name badge found below if you are sourcing donations from people you don't know
The name tag must be visible to the public at all times
You might like to laminate or put in a plastic name tag holder for safe keeping and to ensure it is not lost.

Further information:
There is an information sheet available that explains the purpose of collecting funds, collection hours, receipts and underage collection.

Should members of the public want to know more, the information sheet is available by contacting Cancer Council SA on 1300 65 65 85.

Authorised fundraisers 12 years of age or younger must be accompanied by an adult when collecting funds in a public forum on behalf of
Cancer Council SA.

Please contact Cancer Council SA on 1300 65 65 85 to discuss any queries in relation to these guidelines or please visit our website www.cancersa.org.au for further information.