I hereby apply to attend a course at the Middle Harbour Yacht Club Discover Sailing Centre. In so applying and in consideration of my application for the Course being accepted I acknowledge and agree that:

 

1. The “Centre” means a nationally recognised Australian Sailing Centre and its respective directors, officers, servants or agents responsible for offering the Course that I am seeking to enter or register for.

 

2. 'Australian Sailing' for the purposes of this application and declaration means and includes Australian Sailing and its respective directors, officers, servants or agents.

 

3. “State Associations” means the state or territory yachting association and its respective directors, officers, servants or agents which is a constitutional member of Australian Sailing.

 

4. If accepted I will be permitted to attend the Course subject to complying with the terms and conditions of the Course, this declaration and any reasonable direction issued by the Course organisers or their representatives.

 

5. The Course rules and this declaration comprise a contract between me and the Centre.

 

6. Warning: Participation in the Course can be inherently dangerous. Risks including but not limited to overexertion, equipment failure, dehydration, serious accidents, weather conditions, water quality and shark attack can and do happen which may result in me being personally injured or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in the Course. If required, the Centre will arrange medical or hospital treatment (including ambulance transportation).  I authorise such actions being taken by the Centre where my further consent cannot be obtained and agree to meet all costs associated with such action.

 

7. Exclusion of Liability: Except where provided or required by law and such cannot be excluded, I agree that it is a condition of my registration on the Course (if accepted) that the Centre is absolved from all liability however arising from injury or damage however caused (whether fatal or otherwise) arising out of my participation in the Course.

 

8. Release and Indemnity:  I understand that part of the fees paid to the Centre will pay for limited insurance cover in the event of an injury. Under the Australian Sailing arranged Personal Accident Policy any injury which causes permanent, total or partial loss of any limb or impairment of sight provides limited provision for payment of treatment expenses over and above medical benefits. In consideration of the Centre accepting my application for entry to the Course I: 

(a) release and forever discharge the Centre, Australian Sailing and its State Associations from all Claims that I may have or may have had but for this release arising from or in connection with my participation in the Course; and 

(b) indemnify and hold harmless the Centre, Australian Sailing and its State Associations to the extent permitted by law in respect of any Claim by any person including but not only another participant in the Course arising as a result of or in connection with my participation in the Course.

 

9. In this clause 'Claims' means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising but does not include a claim in respect of any action, suit, etc made by any person entitled to make a claim under a relevant Course or Centre insurance policy.

 

10. Fitness to Participate: I declare that I am and must continue to be medically and physically fit and able to participate in the Course.  Should I suffer from an allergy and/or require medication for a pre-existing condition I shall fully declare all necessary details to the Centre.  I am not and must not be a danger to myself or to the health and safety of others. I will immediately notify the Centre in writing of any change to my fitness and ability to participate. I understand and accept that the Centre will continue to rely upon this declaration as evidence of my fitness and ability to participate.

 

11. Privacy: I understand that the information I have provided is necessary for the conduct of the Course and for the Objects of Australian Sailing and its State Associations. I acknowledge and agree that the information provided will only be used by the Centre, Australian Sailing and its State Associations to facilitate the conduct of the Course and other Courses conducted by the Centre, Yachting Australia or its State Associations.

 

12. I acknowledge and consent to photographs and videos being taken of me during participation in Centre activities and authorise the Centre, Australian Sailing and its State Associations to use such photographs and videos for promotional or other sailing and boating development and marketing purposes without my further consent being obtained. Further, I consent to the Centre, Australian Sailing and its State Associations using my name, image, likeness and performance in any Centre, Australian Sailing or State Association activities, at any time, to promote the Centre, Australian Sailing or its State Associations by any form of media.

 

13. I understand that I will be able to access my information through the Centre, Australian Sailing or the relevant State Association.

 

14. I acknowledge that the Centre and Australian Sailing may also use my personal information in accordance with the Australian Sailing Privacy Policy. I may advise Australian Sailing if I do not wish to receive information from Australian Sailing or any Australian Sailing sponsors or third parties.

 

15. Prevailing conditions: The Course and the conduct of, and participation in the Course will be affected by weather and associated conditions.

 

16. Given there is often an element of the 'luck of the prevailing conditions' in entering in the Course I acknowledge and agree that the Course organisers cannot control weather and associated conditions.

 

17. Where the applicant for the Course is under 18 years of age the parent or guardian of the applicant expressly agrees to be responsible for the applicant's behaviour and agrees to personnally accept the conditions set out above including the provision of a release and indemnity in the terms set out above.

 

Australian Sailing places great value on the time and commitment all participants invest and will not accept behaviour which breach the Racing Rules of Sailing or the relevant Code of Conduct detailed in its Member Protection Policy. The key expectations are to: 

Unless otherwise specified by the Centre if an individual cancels their participation in the Course, then the refund policy is set out below:

Notice period of Cancellation - Greater than 7 days prior to the Course: 100% refund of the course fee less an administrative fee of A$50

Notice period of Cancellation - Less than 7 days but more than 24 hours: 50% refund of the course fee

Notice period of Cancellation - Less than 24 hours or failure to attend: No refund

The Notice period of Cancellation for the Course is prior to the first session of the Course. Once the course has commenced you cannot cancel your participation and you will be liable for the entire fee whether you attend all or some part(s) of the Course.

 

I have read, understood, acknowledge and agree to the above declaration including the warning, exclusion of liability, release and indemnity.  I acknowledge that if my application to enter the Course is successful I will be entitled to participate in the Course.