Disclaimer & Limitation of Liability

Disclaimer and Limitation of Liability for Nashie Swim Shirts

Introduction

Thank you for choosing Nashie. Please read this disclaimer carefully before using our swim shirts. By using Nashie swim shirts, you signify your agreement to this disclaimer. If you do not agree to this disclaimer, please do not use our swim shirts.

Product Usage

Nashie swim shirts are designed to enhance your swimming and outdoor experience. They are intended for use in safe water environments by individuals who are competent swimmers. Nashie swim shirts are not safety devices, nor are they intended to replace life jackets or other safety equipment.

Risk of Use

While Nashie swim shirts are designed for comfort and functionality, they have a loose fit that can create drag in the water. This drag may affect your ability to swim efficiently or change your buoyancy and mobility in water:

• Restricted Use: Only wear Nashie swim shirts in water depths where you can comfortably stand up. Avoid being near or swimming in deep water water or environments where you cannot stand or exit the water without assistance. 
• Supervision: Always ensure supervision when using Nashie swim shirts, especially in challenging water conditions.
• Non-Transferable: This safety warning and any guidance provided are non-transferable. Any unauthorized transfer, alteration, or misuse of Nashie swim shirts voids this disclaimer.

Medical Considerations

Do not use Nashie swim shirts if you have medical conditions that impair your swimming ability or if you require specific safety gear. Consult with a healthcare provider if you have concerns about your fitness to use our products.

Limitation of Liability

In no event shall Nashie or its affiliates, directors, officers, employees, or other representatives be liable for any direct, indirect, special, incidental, consequential, or punitive damages related to products sold or the use of Nashie swim shirts, regardless of whether such liability arises under contract, tort, negligence, strict liability, or any other basis, even if Nashie has been advised of the possibility of such damages. You agree that the maximum liability of Nashie arising from any product sold shall not exceed the purchase price of such product.

Assumption of Risk

By using Nashie swim shirts, you understand and agree that swimming and water activities carry inherent risks. You assume full responsibility for the choices you make before, during, and after your use of Nashie swim shirts.

Indemnification

You agree to indemnify, defend, and hold harmless Nashie and its affiliates, directors, officers, employees, and agents from and against any and all third-party claims, damages, liabilities, costs, and expenses, including reasonable legal fees, arising from or related to your use of Nashie swim shirts or your breach of this disclaimer.

Changes to the Disclaimer

Nashie reserves the right to make changes to this disclaimer at any time. When we do, we will revise the updated date at the bottom of this page. We encourage users to frequently check this page for any changes to stay informed about the limitations of liability concerning Nashie swim shirts. Your continued use of Nashie swim shirts following the posting of changes to this disclaimer will be deemed your acceptance of those changes.

Governing Law

This disclaimer shall be governed by and construed in accordance with the laws of the jurisdiction in which Nashie is based, and applicable international laws, without regard to its conflict of law principles.

Acknowledgment and Agreement

By using Nashie swim shirts, you acknowledge that you have read this disclaimer, understand it, and agree to all its terms and conditions. You enter into this agreement voluntarily, with full knowledge of its effect.

Contact Information

If you have any questions about this disclaimer, please contact us at contact@thenashie.com.au.

Date of Last Update: 03/02/2025

This comprehensive disclaimer is designed to clarify the scope of use for Nashie swim shirts and limit your liability as much as possible. However, consulting with a legal expert to tailor the disclaimer to your specific needs and legal requirements is recommended.