The Make Waves for Hong Kong Relay Swim ("Fundraiser") is a fundraising event organised to raise funds for Splash Foundation Limited ("Splash"). The Fundraiser involves relay teams swimming around Hong Kong Island.
Assumption of Risk and Waiver of Liability:
Swimming, like all athletic activities, is physically challenging and involves risks to participants that cannot be entirely eliminated. These include the risk of personal injury, including paralysing injuries and death.
In addition, the Fundraiser is an open water swimming event around Hong Kong Island. This carries additional risks including:
- Sea-faring vessels: there will be boats and other vessels in the harbour and elsewhere around the island which pose risks to Participants and support vessels.
- Strong tides and currents: there may be strong tides and currents during the swim, which can make navigation challenging and increase the risk of fatigue or being carried off course.
- Changing weather conditions: change in weather could result in wind, rough seas, and rain which can impact visibility and increase the difficulty of the swim.
- Marine wildlife encounters: Participants may come into contact with marine wildlife, including jellyfish, which can pose a risk of stings or injuries.
- Physical exhaustion: Swimming long distances in open water requires significant physical exertion and stamina, increasing the risk of fatigue and potential muscle cramps.
- Dehydration and heat-related illnesses: In hot weather conditions, there may be a risk of dehydration, heatstroke, or heat exhaustion if proper hydration and heat management practices are not followed.
- Water quality: The cleanliness of the sea water around Hong Kong varies and can be polluted with rubbish and other waste. This could result in injury to a Participant from debris in the sea or sickness from the polluted water.
- Water temperature: The water temperature in Hong Kong in November can fluctuate (generally around the mid-20 degrees (https://www.seatemperature.org/asia/hong-kong/hong-kong-november.htm) and Participants are not permitted to wear items that may give the Participant an advantage, e.g. fins, snorkels, paddles and wetsuits for the Fundraiser. This could lead to temperature-related injuries if proper precautions are not taken.
- Equipment failure: Malfunctioning or inadequate swimming equipment, such as clothing, goggles, or swim caps, can affect safety and increase the risk of accidents or discomfort.
- Emergency services: It is possible that emergency medical services may not be readily available.
Understanding the above, I agree to participate in the Fundraiser entirely at my own risk.
I agree that Splash, and all other individuals or organisation connected with them or the Fundraiser, including the owners of any boats used to support the Fundraiser, and each of their employees and volunteers, and each of their respective successors and assigns, shall not be liable for, and I hereby release each of them to the fullest extent permitted by law from, any and all claims that I may have for damages for personal injury, death or property damage directly or indirectly arising from participating in the Fundraiser. I agree that this assumption of risk and waiver of liability is to be binding on my heirs and assigns.
I agree to observe the rules for the Fundraiser and to follow all safety warnings and instructions from Splash, and their respective employees and volunteers.
I accept sole responsibility for my own conduct and actions while participating in the Fundraiser, and the condition and adequacy of my equipment.
Swimming requirements, medical certification and release
I will ensure that I have swim experience and have completed sufficient open water training prior to the Fundraiser.
I certify that I am physically and mentally fit and competent to participate in the Fundraiser, and have no medical conditions that would prevent me participating. I am not pregnant and am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Fundraiser.
In the event of any medical emergencies, I authorize Splash to take whatever actions it deems necessary (including administering first aid and arranging transport to medical service providers), and I agree to assume full responsibility for all costs associated therewith.
Promotional materials
Splash reserves the right to take and use photographs/video during the Fundraiser without the express written permission of those included within the photographs/video. Splash may use the photographs/video in publications or other media material produced, for educational, promotional, marketing or other purposes, including but not limited to: brochures, invitations, books, newspapers, magazines, television and websites. I grant permission to Splash to use my personal information, appearance, name, and voice (whether submitted by me or collected by Splash) for such purposes and no further approval needs to be obtained from me and I also waive any right of inspection associated with such materials. I agree that Splash shall own all rights (including, without limitation, copyrights) in such materials.
I certify that I am eighteen (18) years of age or older.
I HAVE CAREFULLY READ AND UNDERSTOOD THE ABOVE. BY SUBMITTING MY ENTRY TO PARTICIPATE, I CONFIRM MY AGREEMENT TO THIS PARTICIPANT WAIVER WITH FULL KNOWLEDGE OF ITS CONTENTS AND SIGNIFICANCE AND AGREE TO BE BOUND BY ITS TERMS.