This Gymnastics NSW Ltd (GNSW) Information Sheet and Waiver applies to athletes, coaches, team managers, officials and support staff (Participants) travelling intrastate or interstate for events administered, sponsored or authorised by GNSW, or events in which they are representing GNSW or a member club of GNSW (collectively, Events) during the period in which the COVID-19 pandemic continues and/or government restrictions on activities and movement imposed in response to the COVID-19 pandemic are or may be in place (COVID-19).
Health and Safety
1. The safety of Participants is of paramount importance to GNSW.
2. Intrastate and Interstate travel for Events may expose Participants to a higher risk of contracting COVID-19 than they would ordinarily have in their home jurisdiction.
3. Participants must always follow public health advice and any Government directions or restrictions applicable at the relevant time, to minimise their risk of contracting COVID-19.
4. Participants must temporarily or permanently withdraw from the relevant Event should they develop any symptoms commonly associated with COVID-19 and should not participate in or attend the Event unless it is safe to do so in accordance with public health advice in place at the relevant time.
Risks to Participants
5. Participants acknowledge that in travelling to and attending an Event, a Participant may be exposed to the following non-exhaustive risks:
(a) exposure to and/or contracting or spreading COVID-19;
(b) suffering financial loss through the postponement or cancellation of an Event or withdrawal of their team or from their team;
(c) forced quarantine in the jurisdiction hosting the Event and/or their home State or territory upon returning, including any financial or other costs associated with such quarantine;
(d) potential loss of income related to paragraphs 5(a) or 5(c) above; and/or
(e) additional costs in changing travel at short notice, including but not limited to foregoing prepaid accommodation and changing flights ahead of a border closure.
On signing this Waiver, you (the Participant) acknowledge and declare, in connection with your travel to and from, and attendance at, the Event (Travel) that:
6. Engaging in Travel may expose you to certain risks (including but not limited to those outlined in paragraph 5 of the Information Sheet). Prior to undertaking Travel, you should ensure you are aware of all risks involved. By signing this Waiver, you acknowledge and agree that you are undertaking any such risk voluntarily and at your own risk.
7. It is your choice to Travel and GNSW has not mandated you to Travel.
8. You will bear all costs incurred by you in connection with your Travel, including (but not limited to) any insurance costs, quarantine costs charged by the Australian Government or a State/Territory Government (or any other Government) and any other costs resulting from travel delays or restrictions. GNSW will not in any circumstances be responsible for such costs.
9. You will adhere to all public health and other COVID-19 directions or restrictions imposed by GNSW, the Australian Government or an applicable State/Territory Government (or any other Government) at all times during your Travel.
10. If you develop any cold and flu like symptoms (or other symptoms commonly associated with COVID-19) you will temporarily or permanently withdraw from the Event until such time as:
(a) you have returned a negative COVID-19 test; and
(b) it is otherwise safe for you to Travel and participate in the Event in accordance with the public health advice in place at the relevant time.
11. You, to the extent permitted by law:
(a) release and forever discharge GNSW from all actions, suits, proceedings, claims, demands, damages, penalties, costs or expenses (Claim) however arising from or in connection with your Travel or participation in the Event, including, without limitation, any Claim associated with the postponement or cancellation of the Event, or the withdrawal of your team from the Event for reasons directly or indirectly related to COVID-19;
(b) indemnify and will keep indemnified and hold harmless GNSW in respect of any Claim by any person:
(i) arising as a result of or in connection with your Travel; and
(ii) against GNSW in respect of any death, injury, loss or damage arising out of or in connection with your failure to comply with any applicable public health or other COVID-19 directions or restrictions imposed by GNSW, the Australian Government or applicable State/Territory Government or other relevant health authority,
save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of GNSW.