Participation Terms and Conditions

Thank you for participating in The Caves Beach Daffodil Dip 2025 (the Event). Each reference to the Event in these terms is a reference to all other activities associated with the Event, whether they are held before, during or after the Event. The Event is organised and run by Caves Beach Surf Life Saving Club (Event Organisers) and although funds are raised for Cancer Council NSW, Cancer Council is not responsible for anything that happens to you as a result of participating in the Event. The Terms and Conditions of the Event Organisers (Caves Beach Surf Life Saving Club ‘Commotion in the Ocean’ Ocean Swim) will also apply.

You participate in the Event at your own risk and subject to these Terms and Conditions of participation and other documents provided to you in your welcome pack. It is your responsibility to comply with all legal requirements relating to this fundraising event and you are responsible for obtaining your own insurance coverage as you consider appropriate for participation in the Event. By participating in the Event, you are accepting these Terms and Conditions, the Fundraising Guidelines and our Privacy Collection Statement and you agree to comply with them. By registering on behalf of someone else, you undertake to inform them of these Terms and Conditions.

You assume all risk to both you and your property during the Event.

Youth Participants

If you are under the age of 18 (Youth Participant), you must ensure that these Terms and Conditions are accepted by your parent or guardian on your behalf. If you are registering on behalf of a Youth Participant, you agree to these Terms and Conditions in your own right and on behalf of the Youth Participant. All references to “You” and “Your” in these Terms and Conditions refer to both the Youth Participant and their parent or guardian.

Participation in Fundraising Events by children under 18 years of age

The Event Period is the period in which any fundraising activity associated with the event takes place, including participation in the Event itself. To register in the Event, children under 18 years of age must:

1. be at least 9 years of age at the time of registration
2. have the explicit consent of their parent or guardian to participate at the time of registration.

Children under 15 years of age must:

1. be accompanied/supervised by their parent or guardian (the Supervisor) during the Event Period and any associated fundraising activities
2. 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:

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

The minimum entry age is 9 years for the 400-metre swim.

Risk Notice

You understand and agree that you participate in the Event at your own risk.

The Event may involve inherent risks of harm, including those associated with physical exertion. Some of those risks are injury due to slippery or uneven surfaces, obstacles, trip hazards, overcrowding, drowning, 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.

Injuries may include injuries from falls such as broken bones, sprained muscles, injuries to ligaments, cartilage or other soft tissue, as well as blisters, cuts and abrasions, and bites, stings or other injuries caused by sea creatures and other animals around the Event area. Injuries may also arise from exertion, including heart attack, fainting and loss of consciousness. You agree that you understand and accept that the risks of participation in the Event are increased if you choose to participate in costume, using props, if your movement is restricted or you are not a competent swimmer.

Participation in the Event in a public place where people are present also increases your risk of exposure to and contraction of communicable disease(s), including but not limited to COVID-19.

You acknowledge that the above is not an exhaustive list of all risks inherent in your participation in the Event and that there may be risks that are not known or reasonably foreseeable at this time.

You warrant that you are in proper physical and mental condition and have no known medical conditions or disabilities that may be incompatible with your safe participation in the Event. You understand that Cancer Council recommends that you consult a doctor before participating in the Event, particularly if you have ever experienced medical conditions that may make it dangerous for you to participate in the Event.

Regardless of whether you have consulted a doctor, you agree that by participating in the Event, you are aware of the risks involved and you voluntarily assume those risks (including any arising from the negligence of Cancer Council or the Event Organiser).

You understand that Cancer Council has not obtained personal accident insurance or any other insurance covering your participation in the Event and it is your responsibility to obtain any and all insurance which is appropriate for that purpose.

You assume all risk to both you and your property during the Event.

Exclusion and Limitation of Liability

The Civil Liability Act 2002 (NSW) ("CLA") permits a term of a contract for the supply of recreation services to exclude liability of the supplier for damages for harm resulting from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.

You understand and agree that, to the extent permitted by law, Cancer Council and the Event Organiser or sponsors (and any of their directors, officers, employees, volunteers, agents and representatives) exclude all liability for damages for any harm (including but not limited to personal injury or death, damage to property and economic loss and whether direct, indirect, special or consequential) from a failure to exercise reasonable care and skill, regardless of whether the claim is brought in tort (including in negligence), in contract, under statute or otherwise, where such liability results from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.

You understand and agree that to the maximum extent permitted by law:

• 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 or Event Organiser or sponsors (or their directors, officers, employees, volunteers, agents and representatives) are excluded (including consumer guarantees to the extent such exclusions are permitted under the law); and
• neither Cancer Council nor the Event Organiser or sponsors (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 Event, except to the extent the Loss is caused by Cancer Council’s or the Event Organiser’s reckless conduct (as that term is defined in the Competition and Consumer Act 2010 (Cth)) or any malicious, criminal or fraudulent acts

Section 139A of the Competition and Consumer Act 2010 (Cth) ("CCA") permits a term of a contract for the supply to a consumer of recreational services, to exclude liability of the supplier for the death and personal injury arising from the failure to comply with a guarantee provided in sections 60 to 62 of the Australian Consumer Law (ACL). You understand and agree that, to the extent permitted by section 139A of the CCA, Cancer Council and any Event Organiser or sponsor (and any of their directors, officers, employees, volunteers, agents and representatives) excludes all liability in connection with the supply of recreational services for:

1. death;
2. physical or mental injury;
3. the aggravation, acceleration or recurrence of a physical or mental injury;
4. the contraction, aggravation or acceleration of a disease; and
5. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual, that is or may be harmful or disadvantageous to the individual or community, or that may result in harm or disadvantage to the individual or community, resulting from a failure of Cancer Council or any event sponsor (or any of their directors, officers, employees, volunteers, agents and representatives) to comply with a guarantee in sections 60-62 of the ACL.

This exclusion of liability does not apply where significant personal injury is caused by the reckless conduct of Cancer Council or the Event Organiser or sponsors.

Cancellation

The Event may be cancelled due to insufficient ticket sales (if applicable), safety concerns or otherwise as a result of something beyond the Event Organiser’s reasonable control including and without limitation dangerous surf conditions, strong winds, heavy rain, flash flooding, excessive atmospheric pollution, lightning and accidents, pandemic or other health event, or any other Act of God. Refunds of registration fees will only be offered if:
• the Event is cancelled by the Event Organiser;
• the Event is cancelled by a local, state or federal government body or authority; or
• to the extent otherwise required by law (including the Australian Consumer Law).

You may apply for refund of registration fees within 14 days of the original event date by contacting Cancer Council at Danielle.foster@nswcc.org.au. When applying for a refund you will be offered the opportunity to convert your registration fee to a tax-deductible donation towards Cancer Council’s life-saving work.

Any voluntary transaction fees or donations relating to the event are non-refundable. You acknowledge you will have no claim against Cancer Council for any loss or damage you suffer as a result of the Event being cancelled or rescheduled. All registration and any associated transaction fees are not considered a donation to the Cancer Council. Please seek independent advice on your tax arrangements

Public venue and persons giving directions

Where you participate in the Event on premises or property made available for the general public and community events, you agree to comply with all rules and regulations that may apply to that jurisdiction, premises or property. You also agree to follow the directions of anyone authorised to give directions whilst you are on the said premises or property.

Public Health

You agree to adhere to all public health rules and regulations notified to you by your local, state or federal Government, other regulatory body, Event organiser or the Event venue before, during and after the Event.

Behaviour

You agree to show respect for other participants in the Event, and that your conduct will at all times be considerate of others. If applicable, you agree to abide by the venue rules concerning activities, alcohol, coarse language, privacy, and noise. You acknowledge and agree that the Event is a non-smoking event. You acknowledge that the Event is an event that may involve minors.

You warrant that you are not a person recorded on the Australian National Child Offender Register.

Photographic Consent

You acknowledge that in the course of the Event, photographs, images or film may be taken of you, either alone or in group shots with others. You agree to the use of your image in these photographs, images or film and for their use on Cancer Council publications or websites in the future or those of the Event Organiser. You agree that Cancer Council or the Event Organiser may use your name in conjunction with any photographs or images of you. You also agree that the photographs or film may be used by third party media organisations in connection with the publicity and reporting of the event publicly.
If you share, post or upload photos or videos (“Images”) to the Event website, or other websites or social media sites or pages associated with the Event, or tag or link Cancer Council or the Event Organiser in such content on social media, you consent to the following:

1. Cancer Council and the Event Organiser have permission to use, distribute, modify, display and create derivative works from the Images in promotional collateral and on Cancer Council websites, publications and on any other medium now or in the future in perpetuity. You waive any right to review or approve any uses of the Images.
2. Where you, or any of the subjects appearing in the Images, are identified or identifiable in the Images, you give Cancer Council and the Event Organiser permission to identify you and the other subjects by name.
3. You agree the Images may be also be used by Cancer Council Australia and other State and Territory Cancer Councils that are members of Cancer Council Australia (Cancer Council Affiliates).
4. You are not entitled to any remuneration or compensation from Cancer Council, the Cancer Council Affiliates or the Event Organiser for the Images.
5. You confirm that:
   1. You are the creator and the copyright owner of any Images you share, post or upload to the event website, or tag Cancer Council, the Event Organiser or the Event in on social media, and
   2. you have the permission or consent of all persons who are captured and identifiable in the Images you provide to Cancer Council or the Event Organiser (including parental consent if the subject is under the age of 16).
6. You understand that any content and Images that you share, post or upload on our website may be crawled and stored by web services such as search engines, social media platforms or archiving tools. Cancer Council and the Event Organiser are not responsible for removing information stored by third parties.

We may change these Terms and Conditions from time to time, without notification.

Website Terms of Use

Cancer Council operates this website and the data that you provide is collected and owned by Cancer Council.

Your Privacy

Cancer Council places importance and emphasis on the confidentiality of an individual’s private and sensitive information. Cancer Council is bound by, and also complies with the Privacy Act 1988 and the Australian Privacy Principles (APPs), the Health Records and Information Privacy Act 2002 and Cancer Council’s own Privacy Policy, which outlines how Cancer Council is to comply with both Acts in managing the personal information it holds. Cancer Council may gather and store information that you provide to us when using this website, including information:

1. that you may provide when accessing this website, such as your name, address, email address and other personal information;
2. posted by you on this website; and
3. regarding the way in which you use this website including, without limitation, information acquired through the use of cookies programmed during the accessing of this website.

Please read our Privacy Policy and our Privacy Collection Statement to find out how we handle the information you provide to us.

When you register for the Event a unique fundraising page will be created for you. This may include your name in the URL such as doitforcancer.com.au/fundraisers/johndoe21/. This website URL and any content you choose to upload will be publicly accessible to third party services, including search engines, and other tools used by Cancer Council NSW. Personal contact details and financial details will not be publicly visible in such ways.

For further information about any matter relating to privacy please refer to Cancer Council website at https://www.cancercouncil.com.au/privacy/.

Credit Cards and Refunds

You agree not to use an unauthorised or invalid credit card to make payments on this website. If you make a donation to Cancer Council, the transaction is final, and no refunds will be provided except where unauthorised use of a payment card can be proven. If you become aware of a fraudulent use of your card, or if it becomes lost or stolen, you must notify your card issuer immediately.

Use of Content on this Website

Unless indicated otherwise all information contained on this website including text, images, graphics, audio and video clips and all intellectual property rights, including copyright, is owned by and proprietary to Cancer Council. Except for the limited use set out the following paragraph, you may not reproduce, distribute, retransmit, upload, re- post content or frame the material on the website with other material on any other website or make any other use of the website, or the material contained on it, for any purpose.

Notwithstanding the above restrictions on use of the material on the website, you may download material from the website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

This website may contain links to external websites, that are not controlled by Cancer Council. While Cancer Council takes care to ensure the accuracy of information posted on an externally linked website, it is not responsible or liable for the content, or any link contained in a linked website, or any changes or updates to such websites, nor do we accept any liability for any loss or damage occasioned by your use of linked websites and linked applications available through this website. These links are provided for convenience of reference only and are not intended as an endorsement by Cancer Council of the organisation or individual operating the website. Cancer Council does not accept any liability for loss or damage arising from your use of or reliance upon the information contained on this website.

Intellectual Property

All intellectual property rights in this website and the content provided on it (including information, logos, trademarks, design, text, images and statistics) are owned or licensed by Cancer Council and may not be used without our consent.

Content or material on this website may also be owned by third parties. Queries about copyright, reproduction and use of content relating to information published on external websites accessed via link from this website should be directed to that party or the publisher of the information.

You are not authorised to alter, copy, republish, reproduce, distribute, transmit, upload, re-post content, sell or store, in any media or in any form, any of the content, without our prior written consent. Subject to these conditions of use, Cancer Council grants a non-exclusive, non-transferrable, limited licence to use the content and material in this website:
• to educational institutions, for educational purposes; and
• to users of this website for personal and non-commercial purposes;

provided that:
• all copyright and trade mark notices are not altered;
• an acknowledgement to Cancer Council NSW is displayed on the content that is reproduced;
• no fees are charged for access to the content that you reproduce;
• the content remains unaltered;
• the content is not placed out of context, linked to, reused, further reproduced or distributed; and
• content is not reproduced on a webpage or with an online service or application, without Cancer Council’s express consent.

Use of Cancer Council Logos

Cancer Council may allow third parties to use its logos in limited circumstances. You must obtain our written permission before using any of our logos. In order for us to consider any such request, you will be required to provide Cancer Council with a copy of your intended promotional material before releasing it to the public.

Uploading Information

You agree that any information you enter on this website and any material you upload onto this website:
• is owned by you or you are otherwise authorised to enter or upload it;
• will not be defamatory or malicious in relation to any product, service, person or entity;
• is not ‘passing off’ of any product or service and will not constitute unfair competition;
• will not infringe any third party intellectual property rights, including trademarks, service marks, business names (registered or unregistered), confidential information or copyright; and
• will not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales, including the Australian Competition and Consumer Law, the Fair Trading Act 1987 (NSW), the Charitable Fundraising Act 1991 (NSW), the Charitable Fundraising Regulation 2021 (NSW), any equivalent state and territory legislation and any other parliament competent to legislation in relation to this website or any law in any country where the material or information is or will be available electronically to other users.

Your Conduct on this Website

You agree not to use this website for any offensive or otherwise inappropriate purposes, including:
• to upload, post, email, transmit or otherwise make material available that may be abusive, harassing, obscene, defamatory or offensive;
• to harm minors;
• to impersonate any person or entity, including Cancer Council workers or volunteers and their affiliates;
• to collect or store personal information about other users of this website that is of a personal or sensitive nature; or
• to upload, post, email, transmit or otherwise make available any unsolicited material or advertising (such as junk mail, surveys, pyramid schemes and chain letters).

Removal of Information or Material

Cancer Council may remove any information or material (including links to external websites or applications) at any time, without notice, explanation or justification. Cancer Council reserves the right, in its sole discretion, to:
• monitor, retain or disclose any information on the website when necessary to satisfy any legal requirements;
• pre-screen, block or remove any content posted or uploaded by users of the website that Cancer Council considers inappropriate, including material the Cancer Council considers may violate its Privacy Policy or these terms of use; and
• suspend your access to this website and Cancer Council services without notice if you fail to comply with these terms of use.

Governing Law and Jurisdiction

The participation terms, website terms of use and all other specific and additional terms which govern your use of and access to this website will be governed by and construed in accordance with the laws of the state of New South Wales, Australia, and you acknowledge that you submit to the non-exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts.