TERMS & CONDITIONS

PORTSEA S.L.S.C. DECLARATION - Membership/Renewal Terms and Conditions

I hereby apply for membership/renewal of membership of Portsea Surf Lifesaving Club Inc.

  1. Defined Terms: In this membership declaration:
    “Club” means Portsea Surf Life Saving Club Inc
    “Club Rules” means the rules, regulations and policies of the Club
    “LSV” means Life Saving Victoria Limited
    “SLSA” means Surf Life Saving Australia Limited.
    “SLS Activities” means performing or participating in any capacity in any activity authorised or recognised by SLSA or the Club.
  2. Acknowledgment: In consideration of my application for membership being accepted, I acknowledge and agree that membership in the Club does not give rise to any:
    1. proprietary right of mine in, to or over the Club or its property or assets;
    2. automatic right of mine of renewal of my membership of the Club; or
    3. subject to any relevant law, any right to natural justice, other than as expressly provided for in the Club Rules,

    and where I am applying for a family membership, I acknowledge and confirm on behalf of all family members that the terms of this declaration are agreed to by all of them.

  3. Consent: I hereby consent to receive medical treatment which may be deemed advisable in the event of an injury, accident and/or illness whilst involved in SLS Activities.
  4. Compliance with Rules: I hereby agree to accept and comply with the respective Policies, Rules, Regulations and Resolutions of the Club, LSV and SLSA, and to act in accordance with those Rules and all safety and related directions of Club officials when participating in any Club events or activities or attending at Club facilities.
  5. No Guaranteed Acceptance: I acknowledge and understand that acceptance of my Application for Membership does not guarantee acceptance into any course, program or event offered by the Club.
  6. Risk: I acknowledge that I am exposed to certain risks during SLS Activities including but not limited to physical exertion, contact with surf lifesaving equipment, body contact and surf, sea and weather conditions and exposure to potential or actual medical conditions, infections and/or illnesses. I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or my property being damaged. I accept and assume the inherent risks in participating in SLS Activities.
  7. Ability to Participate: I declare that I am medically, mentally and physically fit and able to participate in any SLS Activities. I am not and must not be a danger to myself or to the health and safety of others. I will immediately notify the Club of any change to my medical condition, fitness and ability to participate. If I am feeling unwell, I will not attend nor participate in any SLS activities.
  8. Exclusion: I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods and services may be excluded. I acknowledge that these implied terms and rights and any liability of the Club (or any of them) flowing from them, are expressly excluded to the extent possible by law, by this membership declaration. To the extent of any liability arising, the liability of the Club will, at the discretion of the Club, be limited to the resupply of the services or the payment of the cost of having the services supplied again.
  9. Release: Where I have committed a criminal offence, been negligent and/or otherwise deliberately failed or refused to comply with the Club Rules as a member and/or whilst participating in any SLS Activities and in consideration of the Club accepting my application for membership I release and will release the Club from all claims that I may have or may have had but for this release arising from or in connection with my membership and/or participation in any SLS Activities.
  10. Use of image: I consent to the Club using my name, image, likeness and also my performance in or of any SLS Activity at any time to promote the Objects of the Club, by any form of media, subject provided however that such use is in compliance with the requirements of the SLSA Policy on Photography, Digital Recording and Images.
  11. Intellectual Property (IP): I acknowledge and understand that the Club and SLSA respectively own significant surf lifesaving IP including but not only:
    1. in the case of SLSA, all IP rights in and to the SLS patrol uniform, red & yellow skull quarter cap, red & yellow flags, the colours red and yellow in the context of surf lifesaving and the SLS logo; and
    2. in the case of the Club, the Club red and white stripe colours and cap and competition uniform, and such other logos, designs and images used from time to time by the Club;

    and I declare that I will not infringe any SLSA or Club IP rights and will seek permission from my State Centre and the Club before any use of such IP.

  12. Commitment to the Protection of Children and Young People (CYP): I declare that I will seek to protect all other members, and particularly CYP, from all Abuse and Child Abuse including grooming. I acknowledge that SLSA and the Club are seeking to create and maintain a member and CYP safe and inclusive culture that is understood, endorsed and put into action by all. I agree to use my best endeavours to develop and grow such a culture. I agree to be bound by and comply with the Code of Conduct for People in Position of Authority when Dealing with Children and Young People.

S.L.S.A. MEMBERSHIP APPLICATION AND DECLARATION

I hereby apply for membership of SLSA. In consideration of my application for membership being accepted, I acknowledge and agree that:

In this membership declaration:

  • “Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence BUT does NOT include a claim against SLSA by any person entitled to make a claim under a relevant SLSA insurance policy or under the SLSA Constitution or SLSA Regulations.
    “SLSA” means Surf Life Saving Australia Limited.
    “SLS Organisations” means and includes SLSA, its subsidiaries, its members (including State Centres & Clubs), Branches and their respective directors, officers, members, servants or agents.
    “SLS Activities” means performing or participating in any capacity in any activity authorised or recognised by SLSA.
    “SLS Rules” means the relevant constitutions, regulations and policies of the SLS Organisation.

If my application for membership is accepted I will be a member of the Organisation for which I am applying and its subsequent branch, State Centre & SLSA. I acknowledge my application will be considered and may be accepted or rejected in accordance with the SLS Rules. If accepted I acknowledge that:

  1. I will be bound by and agree to comply with the SLS Rules; and
  2. the SLS Rules are necessary and reasonable for promoting SLSA and surf lifesaving as a community service; and
  3. neither membership nor the SLS Rules gives rise to any:
    1. proprietary right of mine in, to or over any SLS Organisation or its property or assets; and
    2. automatic right of mine of renewal my membership of the Association; and
    3. subject to any relevant law, any right to natural justice, unless expressly provided for in the relevant SLS Rules.

Warning: SLS Activities can be inherently dangerous. I acknowledge that I am exposed to certain risks during SLS Activities including but not limited to physical exertion, contact with surf lifesaving equipment, body contact and surf, sea and weather conditions and exposure to potential or actual medical conditions, infections and/or illnesses. I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in participating in SLS Activities.

Exclusion of implied terms: I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods and services may be excluded. I acknowledge that these implied terms and rights and any liability of the SLS Organisations (or any of them) flowing from them, are expressly excluded to the extent possible by law, by this membership declaration. To the extent of any liability arising, the liability of the SLS Organisations will, at the discretion of the relevant SLS Organisation, be limited to the resupply of the services or the payment of the cost of having the services supplied again.

Release & Indemnity: Where I have committed a criminal offence, been negligent and/or otherwise deliberately failed or refused to comply with the SLS Rules as a member and/or whilst participating in any SLS Activities and in consideration of SLSA accepting my application for membership I:

  1. release and will release the SLS Organisations from all Claims that I may have or may have had but for this release arising from or in connection with my membership and/or participation in any SLS Activities; and
  2. indemnify and will keep indemnified the SLS Organisations to the extent permitted by law in respect of any Claim by any person arising as a result of or in connection with my membership and/or participation in any SLS Activities.

Fitness to Participate: I declare that I am medically, mentally and physically fit and able to participate in any SLS Activities. I am not and must not be a danger to myself or to the health and safety of others. I will immediately notify SLSA in writing through my Club of any change to my medical condition, fitness and ability to participate. If I am feeling unwell, I will not attend nor participate in any SLS activities.

Privacy: By completing this form I consent to SLSA using, disclosing and storing my personal information in accordance with the SLSA Privacy Policy. I understand that the information I have provided in this form is necessary for the proper management of SLS Activities, administration of surf lifesaving and related activities in Australia. The information is collected in accordance with the SLSA Privacy Policy. SLSA may share my information with other SLS Organisations in accordance with the Privacy Policy and it may also be used to notify me of other events, news, and to offer the provision of services, including by third‐party providers, to me. I understand that the SLSA Privacy Policy contains information about how I may access, and request correction of my personal information held by SLSA or make a complaint about the handling of my personal information and provides information about how a complaint will be dealt with by SLSA. If the information is not provided my application may be rejected. I acknowledge that if I do not wish to receive promotional material from SLS sponsors and third parties I may advise in writing or via the opt‐out process provided in the relevant communication.

Use of image: I consent to the relevant SLS Organisation(s) of which I am a member, using my name, image, likeness and also my performance in or of any SLS Activity at any time to promote the Objects of the relevant SLS Organisation(s), by any form of media. I waive any rights I might have to or in such use of my name, image or likeness by the relevant SLS Organisation(s).

Intellectual Property (IP): I acknowledge and understand that SLSA owns significant surf lifesaving IP including but not only all IP rights in and to the SLS patrol uniform, red & yellow skull quarter cap, red & yellow flags, the colours red and yellow in the context of surf lifesaving and the SLS logo. I declare that I will not infringe any SLSA IP rights and will seek permission from my State Centre before any use of surf lifesaving IP.

Commitment to the Protection of Children and Young People (CYP): I declare that I will seek to protect all other members, and particularly CYP, from all Abuse and Child Abuse including grooming. I acknowledge that SLSA is seeking to create and maintain a member and CYP safe and inclusive culture that is understood, endorsed and put into action by all. I agree to use my best endeavours to develop and grow such a culture. I agree to be bound by and comply with the Code of Conduct for People in Position of Authority when Dealing with Children and Young People.

I have provided the information required overleaf and signed both sides of this form. I warrant that all information provided is true and correct. I acknowledge that this membership declaration cannot be amended. If I do amend it my application will be null and void and cannot be accepted by SLSA.

Severance: If any provision of this membership declaration is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable. If the phrase or clause cannot be so read down it will be severed to the extent of the invalidity or unenforceability of it in any other jurisdiction. Such severance does not affect the remaining provisions of this membership declaration or affect the validity or enforceability of it in any other jurisdiction.