Risk Warning pursuant to Civil Liability Act 2002 (NSW) (section 5M)

The Murray Rose Malabar Ocean Swim historically takes place in the open ocean and is conducted off Malabar Beach in Malabar NSW. Swimming is a demanding and potentially dangerous recreational activity. Risks of injury or harm may arise in numerous ways, including, but not limited to drowning, natural obstacles, man-made or controlled obstacles, ocean craft, attack by marine animals (i.e. Shark, bluebottle etc) the condition of the body of water and the weather generally (i.e. temperature, storms, lightening, currents or encountering rough water).

For the first time in 2026 the Malabar Magic Organising Committee is introducing the Malabar Magic Virtual Swim, allowing Participants to swim their way at their preferred time and swimming location in Australia.

Participants enter the Malabar Magic Virtual Swim at their own risk. Participants are responsible for taking their own precautions prior to engaging in a swimming activity for the purpose of the Malabar Magic Virtual Swim, including ensuring the safety of the location and conditions of the body of water in which the participant choses to swim. The Malabar Magic Organising Committee is not responsible for and can have no liability for the body of water or the conditions a participant choses for the purposes of the Virtual Swim.

Participants should have a medical check prior to entering the Malabar Magic Virtual Swim and prepare for the swim by training. The Malabar Magic Organising Committee is not responsible for the location, time or distance a participant choses to swim for the purposes of a Malabar Magic Virtual Swim and the Malabar Magic Organising Committee cannot guarantee your safety. Participants must be aware that certain risks, such as attacks by marine animals including sharks or changes in current and ocean conditions, can arise without warning and are not the responsibility of the Malabar Magic Organising Committee.

Agreement waiver and indemnity pursuant to Civil Liability Act 2002 (NSW) (section 5M)

  1. I acknowledge that the Malabar Magic Virtual Swim (Virtual Swim) is a recreational activity and that participation in the Virtual Swim is voluntary and at my own risk.

  2. I acknowledge that I have been provided with, read and understood the Risk Warning in relation to the Virtual Swim. I understand and agree that the Malabar Magic Organising Committee is not responsible for the location, date, time or distance I chose to swim for the purposes of the Virtual Swim and the Malabar Magic Organising Committee cannot guarantee my safety. I agree and acknowledge my condition and progress in the Virtual Swim cannot be individually monitored by the Malabar Magic Organising Committee and that I am responsible for my on safety and wellbeing.

  3. This waiver, release and discharge shall operate jointly and severally in favour of the following:
    Rainbow Club Australia Ltd, Rainbow Club Swim Committee, Malabar Magic Organising Committee, Randwick Municipal Council, Randwick Council Lifeguards, The Surf Life Saving Association of Australia and any of their State Centres, Branches, affiliated Surf Life Saving Clubs and committees, sponsors, supporters, persons, corporations, contractors, subcontractors, servants and employees involved or otherwise engaged in promoting, staging, administering, running or controlling the Murray Rose Malabar Magic Ocean Swim, including the Virtual Swim (the Indemnified Parties).

  4. In consideration of my entry in the Ocean Swim and/or Virtual Swim, I the undersigned for myself, my heirs, executors and administrators agree that: I hereby waive, release and discharge The Indemnified Parties for each and every claim, right or cause of action for which I might have or arising out of my death, injury, damage or loss of any description whatsoever which I may suffer or sustain as the result of my participation in the Virtual Swim, whether caused by me or by an act or omission (including deliberate or negligent acts or omissions) of the Indemnified Parties.

  5. I agree to indemnify and keep indemnified the Indemnified Parties against all actions, suits, demands, claims, proceedings, costs, expenses, liabilities, and judgements arising out of or in relation to my participation in the Virtual Swim.

  6. I affirm that I have properly trained for and fully satisfied myself as to my physical and medical condition to compete in the Virtual Swim.

  7. I agree to abide by and accept the rules and regulations of the Virtual Swim and to accept the decisions of the Malabar Magic Committee.

  8. I consent to the free use of my name or photograph in any newspaper, promotional advertising material, video, telecast and digital platforms (including social media) taken by or on behalf of Rainbow Club Australia Ltd and/or its sponsors.

  9. I agree to be contacted by the Malabar Magic Committee regarding upcoming events and information.

Note: The organiser of the Murray Rose Malabar Magic Ocean Swim and the Malabar Magic Virtual Swim is Rainbow Club Australia Ltd. Your online entry is taken on behalf of Rainbow Club Australia Ltd.

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