Wrestling Australia Ltd

Wrestling Australia Ltd

VOLUNTARY RELEASE & ASSUMPTION OF RISK:

For applicants planning to compete in WAL sponsored activities, applicants are advised that the nature of the sport of wrestling involves some physical risks that can result in serious injury or death. Risks may include, but are not limited to, physical exertion for which applicants may not be prepared, weather extremes subject to sudden and unexpected change, remoteness to normal medical services, evacuation difficulties if an applicant is disabled, or dangers from the way wrestling is done, or from vehicles, equipment, machinery, location, premises, or actions of others. By submitting an application, applicants accept all risks from the activities sponsored or organized by WAL. Applicants should not rely on WAL or its officers, employees, consultants, staff or volunteers to inform them of the risks. Applicants / competitors will make their own risk assessment and are responsible for their own medical well-being and physical fitness to wrestle.

INDEMNIFICATION OF WAL:

In consideration of such permission being granted, I hereby indemnify WAL, its clubs, officers, members, agents, servants, voluntary helpers, and any bodies or individuals against any claim which myself/son/daughter might now or hereafter have or have had for any personal injury, harm or death sustained while taking part or traveling to or from any activities of WAL. These may include, but are not limited to, competitions, training sessions and demonstrations, and against any claim arising out of any alleged or wrongful act or omission of myself/son/daughter while taking part or traveling to or from any such activities.

CODE OF CONDUCT

Under the terms and conditions of this Code of Conduct it shall be the responsibility of all who participate in WAL activities and its Affiliates to comply with this Code of Conduct, in alignment with the adopted National Integrity Framework policies. These requirements apply to all levels of wrestling in Club, State, National and International: 

1. Be aware of, and abide by the standards, rules, regulations and policies of WAL, member associations and affiliated clubs. Accept the final decision of the WAL, making all appeals through formal processes.
2. Refrain from any conduct that could be regarded as sexual, discriminatory or harassment towards other athletes, coaches, referees and officials at all times.
3. Respect the rights, dignity and worth of fellow athletes, coaches, officials and spectators. Treat everyone fairly within the context of the sport, irrespective of gender, cultural background, race, colour, sexual orientation, religion, political belief, economic status, marital status, age or any other conditions/preferences. There will be zero tolerance for any forms of discrimination.
4. Be a positive role model and ensure your words and actions exemplify high standards of behaviour in practice, competition and/or social events to anyone observing.
5. Set high standards of behaviour for your fellow teammates, competitors, spectators and officials, representing both yourself and WAL to the best of your ability.
6. Conduct yourself in a courteous manner relating to language, temper and punctuality. Be accountable, demonstrate integrity, and accept responsibility for your actions.
7. Respect the talent, potential and development of fellow athletes and competitors. We are all students of our sport, separated only by our knowledge of individual skills, and our level of focus and determination.
8. Abide by the Wrestling Australia Social Media Policy 

I agree to follow the Code of Conduct and understand any breach will bring disciplinary action by WAL, actioned in accordance with National Integrity Framework policies. I understand that this may result in suspension or even dismal from WAL.

In consideration of WAL accepting my application for membership and permitting me to participate in WAL Sponsored Events, I sign this contract of release of claims, waiver of liability and assumption of risk.

Where a parent or guardian signs the parent or guardian agrees to the terms of this document and agrees to indemnify WAL against any claims made by the participant.

PROMOTIONAL MATERIAL 

Wrestling Australia needs to promote itself to the community at large, just like any other organization. I thereby authorise Wrestling Australia, and any person authorised by them, to reproduce, publish, broadcast or do any of the acts comprised in the copyright subsisting in: Photographic picture, Videotapes (with or without sound), Production stills and Voice recording.

ANTI-DOPING POLICY

I have read, understood and agree to abide by the Australian National Anti-Doping Policy, effective from 1 January 2021, and found on the Sport Integrity Australia website (https://www.sportintegrity.gov.au/what-we-do/anti-doping/world-anti-doping-code/australian-national-anti-doping-policy) being the anti-doping policy adopted by Australia and applicable to all member, participants and non-participants.

NATIONAL INTEGRITY FRAMEWORK

As a member of Wrestling Australia, I agree to abide by the National Integrity Framework and associated integrity policies as adopted by Wrestling Australia, which can be found on the Wrestling Australia website: www.wrestling.com.au 

Wrestling Western Australia

WWA MEMBERSHIP APPLICATION & DECLARATION

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

1. 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 WWA by any person entitled to make a claim under a relevant WWA insurance policy or under the WWA Constitution or WWA By-laws or Regulations.

WWA means Wrestling Western Australia Incorporated.

Wrestling Activities means performing or participating in any capacity in any activity authorised or recognised by WWA.

Wrestling Organisations means and includes WWA, and its member clubs and their respective directors, officers, members, servants or agents.

Wrestling Rules or Rules means the relevant constitutions, by-laws, regulations and policies of the Wrestling Organisations.

2. If my application for membership is accepted I will be a member of

My nominated Wrestling Club, & WWA. I acknowledge my application will be considered and may be accepted or rejected in accordance with the WWA Constitution.

If accepted I acknowledge that:

(a) I will be bound by and agree to comply with the Rules; and

(b) the said Rules are necessary and reasonable for promoting WWA and

(c) neither membership nor the Rules gives rise to any:

(i) proprietary right of mine in, to or over any Wrestling Organisation or its property or assets; and

(ii) automatic right of mine of renewal my membership of WWA; and

(iii) subject to any relevant law, any right to natural justice, unless expressly provided for in the relevant Rules.

3. Warning:

Wrestling Activities can be inherently dangerous. I acknowledge that I am exposed to certain risks during Wrestling Activities including but not limited to physical exertion, contact with wrestling equipment and body contact. I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or my property or equipment being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in participating in Wrestling Activities.

4. 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 Wrestling 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 Wrestling Organisations will, at the discretion of the relevant Wrestling Organisation, be limited to the resupply of the services or the payment of the cost of having the services supplied again.

5. Release & Indemnity:

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

(a) release and will release the Wrestling 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 Wrestling Activities; and

(b) indemnify and will keep indemnified the Wrestling 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 Wrestling Activities.

6. Fitness to Participate:

I declare that I am medically, mentally and physically fit and able to participate in any Wrestling Activities. I am not and must not be a danger to myself or to the health and safety of others. I will immediately notify WWA in writing, either directly or through my Club of any change to my medical condition, fitness and ability to participate.

7. Privacy:

By completing this form I consent to WWA using, disclosing and storing my personal information in accordance with the Wrestling Australia Inc or WWA Privacy Policy (Privacy Policy). I understand that the information I have provided in this form is necessary for the proper management of Wrestling Activities, administration of wrestling and related activities in Australia.

The information is collected in accordance with the Privacy Policy. WWA may share my information with other Wrestling 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 WWA Privacy Policy contains information about how I may access, and request correction of my personal information held by WWA or make a complaint about the handling of my personal information and provides information about how a complaint will be dealt with by WWA. If the information is not provided my application may be rejected. I acknowledge that if I do not wish to receive promotional material from Wrestling sponsors and third parties I must advise in writing.

8. Use of image:

I consent to the relevant Wrestling Organisation(s) of which I am a member, using my name, image, likeness and also my performance in or of any Wrestling Activity at any time to promote the Objects of the relevant Wrestling 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 Wrestling Organisation(s). I acknowledge that if I do not wish to have my image used I must advise WWA in writing.

9. Intellectual Property (IP):

I acknowledge and understand that WWA owns significant wrestling IP including but not only all IP rights in and to the WWA logo. I declare that I will not infringe any WWA IP rights and will seek permission from WWA before any use of WWA IP.

10. 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 WWA 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.

11. I have provided the information required and signed 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 WWA.

12. 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.

I have read, understood, acknowledge and agree to the above declaration including the warning, exclusion of liability, release & indemnity, relating to a serious criminal offence. I acknowledge that if my application for membership is successful I will be entitled to all benefits, advantages, privileges and services of WWA membership.

NOTE: Where the applicant is under 18 years of age this form must be agreed to by the applicant’s parent or legal guardian.

In consideration of the applicant’s membership being accepted I expressly agree to be responsible for the applicant’s behaviour and agree to personally accept in my capacity as parent or guardian, the terms set out in this membership application and declaration including the provision by me of a release and indemnity in the terms set out above. In addition, I agree to be bound by and to comply with the WWA Constitution and any by-laws, regulations and policies made under it.